United States v. Tsosie

How courts have described this case

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

• holding that retrograde analysis to time of test is a reliable methodology, where, in the absence of information about the defendant’s eating and drinking history, an expert relies upon reasonable assumptions as to the average absorption and elimination rates of the general population
• defendant admitted to the time of the drinking and reported the crash when it occurred
• range of values for BAC is scientifically valid where expert relies upon assumptions as to average absorption and elimination rates
• expert’s assumption that defendant was fully absorbed within two hours of driving was a reasonable assumption to account for expert’s lack of information about defendant’s last meal
• expert’s assumption that the “general population eliminates alcohol at a rate between .01 and .03 mg/mL/h” was a reasonable assumption to account for expert’s lack of information about defendant’s drinking history

Source: CourtListener parenthetical corpus (CC0).