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Criminal Practice – DWI – Expert Testimony – Retrograde Extrapolation – Average & Midpoint – Field Sobriety Tests (access required)

State v. Turbyfill (Lawyers Weekly No. 15-07-0853, 22 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: Even though an expert in retrograde extrapolation misused the terms “midpoint” and “average” as synonyms when he discussed the alcohol elimination rate of 0.0165, the calculations at issue were based on well-recognized ...

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