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Criminal Practice – DWI – Expert Testimony – Reliability

Even though the prosecution’s chemist relied upon raw data generated by other SBI analysts, the testifying chemist conducted his own independent analysis of the data in accordance with SBI procedures and methodology. An expert may base his opinion on the research of another analyst provided the expert performs his own independent analysis of the research.

We find no error in defendant’s conviction for driving while impaired.

State v. Ruff (Lawyers Weekly No. 012-027-23, 5 pp.) (Chris Dillon, J.) Appealed from Polk County Superior Court (William Coward, J.) Kathryne Hathcock for the state; Max Edward Ashworth for defendant. N.C. App. Unpub.


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