Retrograde Extrapolation Inadmissible in DWI Case Without “Fit” to Facts
The North Carolina Court of Appeals today in State v. Babich (PDF) ruled that the admission of expert testimony on “retrograde extrapolation” in a DWI case was error, because the State offered no evidence that the defendant in that case was in a “post-absorptive” state that might render a retrograde extrapolation calculation relevant. In Babich, the expert merely assumed that...
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