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Rising BAC: The Science Behind the Defense and How to Argue It - Jason Bassett
From Law Offices of Jason Bassett, P.C. - Rising BAC: The Science Behind the Defense and How to Argue It breaks down how a delayed chemical test can produce a blood alcohol concentration reading that does not necessarily reflect a driver’s BAC at the time of operation. This episode explores the rising BAC defense under New York Vehicle and Traffic Law § 1192(2), showing why prosecutors must prove a BAC of 0.08% or higher while the person was actually driving, not simply later at the police station. Listeners will hear how alcohol absorption, peak phase, and elimination phase can shape the…
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