State v. Trujillo

Defendant appeals a judgment of conviction for driving under the influence of intoxicants (DUII), ORS 813.010(1), and reckless driving, ORS 811.140. We reject, without further discussion, defendant’s first and second assignments of error in which he challenges the trial court’s denial of his motion for a judgment of acquittal.1 In his third assignment of error, defendant challenges the admission of an expert’s testimony regarding retrograde extrapolation to determine blood-alcohol content (BAC) at the time of driving.2 He contends that retrograde extrapolation should be inadmissible because…