Sunday, November 29, 2009

Nebraska Supreme Court Decision says DRE meets Daubert!

http://www.supremecourt.ne.gov/opinions/2009/november/nov20/s08-192.pdf
 
State of Nebraska, Appellee v. Jacob J. Daly, Appellant
Filed November 20, 2009, No. S-08-192

Marcie Hagerty, formerly a Deputy County Attorney with the Lancaster County, Nebraska, County Attorneys Office, reports that the Nebraska Supreme Court ruled that DRE meets the Daubert standard.

In part, the court wrote: "A law enforcement officer with the training and experience offered by 'drug recognition expert' certification is sufficiently qualified to testify, based on his or her evaluation, that a suspect was under the influence of drugs."

Congratulations to Marcie Hagerty, Officer Jesse Hilger, the DRE in the case, and the expert witnesses who testified in support of DRE. (Expert witnesses were: Karl Citek (optometry), Zenon Zuk (medical doctor), Michelle Spirk (toxicology), and me.)

4 comments:

  1. Just wondering if you could inform me who the defense experts were, if there were any?

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  2. LOL. The guy who advertises himself as the "highest rated DUI Attorney in PA as Rated by Avvo.com" on his website needs a State expert to tell him who the defense experts were?

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  3. The Connecticut and New Jersey optometric associations endorsed DRE in the last month or so. How cool is that?

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  4. Why should a PA attorney know who the experts were in a case not even in his state?

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