People v. Floyd

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2014 IL App (2d) 120507
Decision Date: 
March 28, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Justice: 
HUTCHINSON
Holding: 
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.)