Santen v. Tuthill

The primary issues in this appeal concern the admissibility of certain evidence in a civil proceeding, specifically: (1) a defendant’s guilty plea in general district court when the defendant subsequently appeals the conviction to circuit court; (2) the result of a preliminary breath test; and (3) testimony of an expert toxicologist. Because the guilty plea was annulled by the appeal to circuit court and because there was not an adequate foundation to support the admissibility of the other evidence, we find no error in the circuit court’s refusal to admit this evidence.

This case arose out of…