Commonwealth v. Wirth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that in most cases any delay in testing aids defendant by lowering the BAC reading
• recognizing that in most cases any delay in testing aids defendant by lowering the BAC reading
• noting that “in most cases the delay will favor the defendant by producing a lower reading” and holding that retrograde extrapolation is not required
• noting that “in most cases the delay will favor the defendant by producing a lower reading” and holding that retrograde extrapolation is not required
• noting that the lapse of time between driving and testing may be so great as to prevent a rational trier of fact from determining guilt, but declining to formulate a bright line rule
• rejecting defendant's claim that extrapolation testimony necessary and holding that legislature intended that prima facie proof of \ per se\ DWI arose from properly administered BAC test result of 0.10% or more

Source: CourtListener parenthetical corpus (CC0).