Articles Tagged with Serious Injury by Vehicle

This guide explains how North Carolina prosecutors and defense lawyers analyze death by vehicle charges, proximate cause, and charging discretion in impaired-driving fatalities

1. The Case May Reach the Prosecutor Long After the Train Has Left the Station

In some North Carolina jurisdictions, prosecutors learn about fatal crashes well after law enforcement has already made critical decisions. Pre-COVID charging decisions in some districts, such as in Mecklenburg County, generally involved officers consulting with the District Attorney’s office before charging in death-by-vehicle cases. That practice ended in many jurisdictions, though it continues in others. Prosecutors may receive case files only after arrest warrants have been issued, charges have been filed, and media coverage has begun. In other prosecutorial districts, prosecutors become involved at the scene and participate directly in the initial charging decision.

In North Carolina impaired driving cases where retrograde extrapolation becomes relevant, chemical testing is often separated from the driving event by significant delay. Retrograde Extrapolation educational graphic explaining forensic BAC back-calculation used in North Carolina DWI cases, depicting law enforcement and courtroom evidence analysis. This is most commonly seen in serious vehicular prosecutions where impaired driving serves as a predicate offense, including collision investigations involving injury or death, where scene management, medical transport, search warrant procedures, and hospital blood draws may delay specimen collection for three or more hours.

This timing gap can create an evidentiary question that prosecutors sometimes attempt to address using a technique known as retrograde extrapolation, a calculation intended to estimate a prior blood alcohol concentration based on a later chemical test.

Retrograde extrapolation relies not on statutory fiat but on biology. Whether it carries scientifically reliable, relevant evidentiary value in any individual case depends on the science of alcohol absorption, distribution, and elimination. Put simply, contrary to the assertions of some, it’s neither clear-cut nor fait accompli.

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