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DUI formula too simplistic

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copyright the Chronicle April 27, 2016

by Joseph Gresser

NEWPORT – State forensic experts will have to rewrite their manuals if the Vermont Supreme Court upholds a decision issued by Judge Howard VanBenthuysen Monday.

The judge, sitting in the Criminal Division of Orleans County Superior Court, said in a written opinion that state experts do not take enough individual factors into consideration when calculating what a person’s blood alcohol level was more than two hours earlier.

The decision concerns what the judge calls “relation-back testimony,” meaning calculations intended to show how quickly a person’s system rids itself of alcohol, and hence what that person’s blood alcohol level was at some time before…To read the rest of this article, and all the Chronicle‘s stories, subscribe:

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