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Praise Science! #Illinois #DUI Retrograd

On Behalf of | Mar 31, 2014 | Firm News |

Praise Science! #Illinois #DUI Retrograde #Extrapolation Expert Debunked Aggravated DUI 2d Dist.
People v. Floyd , 2014 IL App (2d) 120507 (March 28, 2014) Kane Co. (HUTCHINSON) Reversed and remanded.
Defendant was convicted, after jury trial, of aggravated DUI. State introduced expert witness testimony on a retrograde extrapolation calculation in attempt to demonstreate the Defendant’s BAC was at or above 0.08 at time of arrest. As expert acknowledged that he was unaware of many of factors necessary to determine whether Defendant was in elimination phase, and as police conducted only one BAC test, extrapolation calucation was inherently unreliable.(McLAREN and HUSDON, concurring.)