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expert Tag

18 December
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What Is a Certified Drug Recognition Expert in Oklahoma?

Posted by Clint
in Blog
What Is a Certified Drug Recognition Expert in Oklahoma?

In Oklahoma, certain law enforcement officers trained as “Certified Drug Recognition Experts” may assess drivers’ impairment at the roadside or the police station. While these “experts” do receive education and information on spotting impaired drivers, there are ways to challenge their expertise in court. What Is a Certified Drug Recognition Expert (DRE)? The state recognizes law enforcement officers who have completed the Drug Evaluation and Classification Program’s (DECP) training as Certified Drug Recognition Experts. This training has specific educational requirements for certification. The International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA) established these requirements. In other...

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23 July
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Breathalyzer Technology: Still Unreliable?

Posted by Clint
in Blog
Breathalyzer Technology: Still Unreliable?

Doubts about breathalyzer accuracy continue to circulate in the DUI defense community and have led to successful court strategies for defendants. There are two main ways that defense attorneys challenge breathalyzer results: by questioning calibration and maintenance procedures and rules, and by questioning whether the machines, even properly calibrated, produce accurate results. Courts have repeatedly found problems with the way police departments maintain breathalyzers and with the rules governing calibration and maintenance. See our previous blogs on this topic. Further, courts continue to order manufacturers to release source code for breathalyzer devices to defense attorneys. A recent case from Washington state...

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06 November
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What Is the Daubert Standard and Why Does It Matter for DUI Cases?

Posted by Clint
in Blog
What Is the Daubert Standard and Why Does It Matter for DUI Cases?

The Daubert standard for evaluation of expert witness testimony becomes very important in DUI defenses based on scientific evidence. Use of scientific experts is on the rise in DUI defense, but more than half the battle is getting an expert before the court in the first place. When prosecutors try to exclude an expert witness’s testimony, the trial court uses the Daubert standard (as adopted by Oklahoma) to decide whether to allow it into court. The Daubert standard comes from a Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In the case, the court created a...

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26 June
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Are Standardized Field Sobriety Tests Legal in Oklahoma?

Posted by rainmakeradmin
in Blog
Are Standardized Field Sobriety Tests Legal in Oklahoma?

A recent court decision and changes to Oklahoma law have called into question whether Standardized Field Sobriety Tests (SFSTs) are really “legal” or “accepted” in Oklahoma. While law enforcement officers still administer the tests, defendants frequently question their reliability and their administration in court as part of a DUI defense strategy. SFSTs are field tests administered on the roadside at a traffic stop to drivers suspected of driving under the influence of alcohol. Usually, the tests used are approved by the National Highway Traffic Safety Administration (NHTSA). The basic tests are: the Horizontal Gaze Nystagmus, the Walk and Turn, and the...

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21 June
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Sobriety Test Evidence at Trial

Posted by rainmakeradmin
in Blog
Sobriety Test Evidence at Trial

In Oklahoma, sobriety test evidence generally is admissible at trial. However, the validity of this evidence and of expert opinions on a driver’s intoxication can be challenged on a number of grounds. For example, tests may not have been administered correctly, equipment may be flawed, or experts may not be qualified to testify. Admission of Testimony Regarding SFTSs Although Standardized Field Sobriety Tests administered on the roadside to a suspected drunk driver are generally accepted nationwide, the highest Oklahoma criminal court has said that they are not true scientific tests. Anderson v. State, 2010 OK CR 27, 252 P.3d 211. In response,...

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