Drug Recognition Evaluator Testimony Not Valid after COA Opinion

[KLAW Blog]

Komorn Law in conjunction with Rudoi Law and the Michigan Association of OWI Attorneys filed an amicus brief in support of the Defendant-Appellant, who was being prosecuted in the lower court for ”operating while intoxicated by marijuana.” 

With the filing of the amicus brief in this appeal, the expert testimony of a DRE – in driving while intoxicated or impaired cases – can no longer be used in court. 

In this case the prosecutor and lower court relied on the testimony of an expert DRE (drug recognition evaluator) to prosecute this case. 

Appeals Court Agreed with the Defendant

The Michigan Court of Appeals ruled on this case agreed with the defendant and the amicus filing by Komorn Law and Rudoi Law that the DRE protocol for determining a subject’s level of impairment ‘has not been validated’.

The Court Further Stated That

“There simply is no evidence in this record to support that the DRE protocol can reliably be used to detect the degree or level of intoxication caused by marijuana and determine whether that level of intoxication has made the person unable to safely drive a motor vehicle”. 

Expert DRE testimony was inadmissible under MRE 702

The court ruled that the proposed expert DRE testimony was inadmissible under MRE 702 and reversed and remanded the case for further proceedings consistent with their opinion.

With the filing of the amicus brief in this appeal, the testimony of a DRE as an expert in driving while intoxicated or impaired cases can no longer be used in court. 

Komorn Law

Attorney Michael Komorn has been on the frontline of legal defense in cannabis law, DUI, OWI, criminal defense casework and continues to lead the way in discrediting invalidated investigative methods used by law enforcement in determining a defendant’s innocence or guilt for his clients. If you’re looking to hire a true fighting lawyer… you have found him. Contact Komorn Law for a free case evaluation

Read the documents here

• Bowden – COA Opinion
• Bowden-AMICI CURIAE BRIEF OF THE MICHIGAN ASSOCIATION OF OWI ATTORNEYS AND MICHIGAN MEDICAL MARIHUANA ASSOCIATION
• Bowden Case Exhibits
• Michigan-rules-of-evidence

Komorn Law Social Media

• Facebook
• Twitter
• Instagram
• LinkedIn
• YouTube

Recent Posts

• 
  Another Case Dismissed
  December 6, 2022 – Through the diligence and tenacity of trial attorney Michael Komorn and the team at Komorn Law. We are proud to announce – another […]
• 
  Drug Recognition Evaluator Testimony Not Valid after COA Opinion
  Komorn Law in conjunction with Rudoi Law and the Michigan Association of OWI Attorneys filed an amicus brief in support of the Defendant-Appellant, who was being prosecuted […]
• 
  News Scrape November 2022
  Search Results Top 10 Criminal Defense Attorneys Featured Attorney Award winning Attorney Michael Komorn owner and Trial Attorney for his firm Komorn Law PLLC is based out […]
• 
  Major Financial Association And 44 State Partners Demand Marijuana Banking Vote
  A major national banking association, along with 44 state partners, is asking Senate leadership to bring a House-passed marijuana banking reform bill to a vote on the […]
• 
  Michael Komorn-Featured Top 10 Criminal Defense Attorney
  Michael Komorn was featured as one of the Top 10 Criminal Defense Attorneys in Michigan. The award-winning Attorney has clients throughout the state. MICHIGAN, USA, November 21, […]
• 
  Over 3,000 cases may have been impacted by inaccuracy of Michigan State Police marijuana testing
  If you feel like your case has been or could be affected by the inaccuracy of the MSP’s marijuana testing results contact our office immediately! Call 800-656-3557 […]

Tag Cloud

2020 2021 BMMR CBD corruption. prosecutors detroit dispensary DUI forfeiture ginnifer hency hemp komornlaw lara law enforcement abuse laws legal Legalization marijuana Medical Marijuana Michigan MMFLA MMMA MMMA Regulations MRA news police politics Recreational Cannabis science shattuck

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

The post Drug Recognition Evaluator Testimony Not Valid after COA Opinion appeared first on Komorn Law.

View the full article