Illinois Disallows "Retrograde Extrapolation" Testimony in DUI/ Drunk Driving Case

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On June 16, 2011, the defendant was in the parking lot at the Dolphin Cove Family Aquatic Center in Carpentersville. At approximately 7:30 p.m., defendant made a 911 call via the OnStar system in her vehicle. She told the 911 operator that she had a “violent boyfriend” who wanted to hit and rob her. Defendant can be heard on the recording telling a man that she had been “drinking since I’ve been here.” She then told the operator that a man who made her perform oral sex on him was sitting in her vehicle and that “he needs to get the [expletive] out of my car.” Officer David Rowley was dispatched to the Dolphin Cove parking lot. Upon arriving, he observed the defendant and a man arguing outside of a vehicle. Because Rowley believed that defendant was intoxicated, he told her not to drive. At that point, defendant and the man went separate ways, and Rowley left the scene.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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