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FREE NJ DWI EVALUATION
Charged With DWI/DUI based on
Drugs?
If you have been charged with driving
while intoxicated or driving under the influence based on ingestion of a
controlled dangerous substance, you may have strong challeges to your
charges.
The "science" behind assessing suspects
believed to be under the influence of drugs is highly questionable, and it has
not been recognized yet by the New Jersey courts as being scientifically
reliable. In order to admit such evidence against you, the prosecutor
would first have to demonstrate the scientific reliabilty of such evidence prior
to the court being able to consider such evidence against you.
I have been trained in the Drug
Recognition Evaluation (DRE) program used by the National Highway Traffic Safety
Administration (NHTSA) and local police departments to assess "drugged
driving". I completed a three day course taught by a NHTSA certified
DRE instructor. I am also a Standardized Field Sobriety Testing
Instructor, qualified by NHTSA and the International Association of Chiefs of
Police (IACP). I did this because I want to be as prepared as I can to
challenge the evidence against you.
Because of my training, I am prepared to
challenge the following:
- how the officer assessed you through observation and measurement of
vital signs, including blood pressure, pulse and body temperature;
- how the officer assessed your condition based on the seven drug
categories identified in the DRE Training Program;
- how the officer followed the 12-step drug recognition evaluation
process, which is:
1. A breath test to rule out alcohol as the
major cause of impairment;
2. An interview of the arresting
officer by the drug recognition expert (The effects of some drugs are
short-lived. An interview with the arresting officer is essential in order to
give the drug recognition expert a clear idea of what symptoms were observed at
the roadside, or place of first contact with the subject.);
3. A preliminary examination of the
subject;
4. An eye examination
(The subject's eyes are examined for involuntary jerking when looking
to the side or looking up following a stimulus from side to side or up and down.
The ability of the subject's eyes to converge is also tested.);
5. A series of divided-attention tests
(These standardized tests check the subject's ability to multitask. Subjects are
asked to: listen to instructions while maintaining a stance, maintain a stance
with eyes closed, walk a straight line, turn in a prescribed way and walk back,
stand on one foot in a prescribed way for a certain amount of time, and touch
the tip of their nose with the tip of their finger as instructed. These tests
are usually easy to complete when sober, but difficult or impossible when
impaired by a drug or alcohol.);
6. The examination of vital
signs (Blood pressure, temperature and pulse are taken.);
7. A darkroom examination of
pupil sizes (This includes an examination of the subject's nasal and
oral cavities.);
8. A check of muscle
tone;
9. An examination of typical
injection sites on the person's body;
10. The rendering of an opinion by the drug
recognition expert;
11. An
interview with the subject;
12. And the provision of a
bodily fluid sample;
- how the officer administered the Standardized Field Sobriety Tests,
including Horizontal Gaze Nystagmus;
- how the officer administered eye examinations, including pupil size,
vertical nystagmus and lack of convergence;
- whether the officer properly classified the drug under the seven drug
categories;
- whether the officer properly completed the DRE course;
- why the DRE process is flawed
Please call me to discuss your specific situation.
856-889-5181 cell toll free 1-866-DWI-NJ.com
1-866-394-6526 office 856-429-7726
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