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| Schuyler County Courthouse - Watkins Glen, NY - Newman & Cyr, The DWI Attorneys |
New York State's TWO D.R.E.'s -
The Evaluation and the Evaluator
If you are charged with the criminal offense of New York DWAI drugs (VTL 1192 (4)) then they are alleging that you operated a motor vehicle or motorcycle while impaired by a drug. The government can prove their case against you in a number of ways.
The First Step in DWAI Drugs is Them Proving You are On a Drug
If you say nothing about drugs and they find no drugs on you they can still prove drug use by either a blood test or by a DRE (drug recognition evaluation) done by a DRE (drug recognition evaluator). This is recognized by the NYS courts as valid proof of you being on a drug.
DREs are Specially Trained Police Officers, Troopers, Deputies
It is not easy being a DRE because it is a long process of hundreds of hours on top of all of their prior DWI training. The few officers that sign up must also be recertified every year, meaning they must do a certain number of evaluations to stay certified.
As of May 2016 Tompkins county has only two DREs. They are both excellent police officers from smaller police departments. They would need to be called in to do a DRE on someone who is arrested for DWAI drugs. This is because regularly trained DWI officers can't do DREs nor can they testify to someone being under the influence of a specific drug category.
The DRE (drug recognition evaluator) as Professional Recognizer
The Recognition Evaluator presents his/herself as an expert of sorts. They are, in fact, certified to "recognize" use by putting you through a barrage of testing and procedures. Some of the tests performed by the DRE are checking for pupil size, blood pressure, heart pulse rate, and the Romberg test. These tests are actually part and parcel of most medical examinations.
DREs Use Medical Testing to Recognize Drug Use
The problem is that medical testing is designed to be used by nurses, doctors, physical therapists, and physicians assistants to aid in helping people with their health problems. The intended medical goal under those circumstances is to come up with physical diagnoses to injuries or disease.
The Same Tests with a Different Purpose
The intended purpose when a DRE uses the tests is to prove you committed a crime. They are stating that they believe that you are under the influence or impaired by a category of drug.
The results from police testing under these conditions can be highly subjective. How many people experience anxiety and nervousness following an arrest, being in custody, and being interrogated for drugs? Would that elevate your blood pressure, your pulse, and perhaps even cause a heart attack?
Well, maybe I'm being dramatic, but without knowing YOUR normal, without knowing your baseline, without multiple visits under calm circumstances, it is difficult to impossible to use medical testing of your vitals to form an opinion. As a former chiropractor, I believe using medical testing this way is not going to be accurate.
What are the Various Drug Categories Opinions of a DRE?
The various drug categories cover many different drugs and cast the net far and wide:
CNS depressant
CNS stimulant
Hallucinogen
Narcotic Analgesic
Dissociative Anesthetic
Inhalant
and then a specific like Cannabis (THC) or alcohol.
Can You be Misdiagnosed by the DRE doing a DRE?
If you have any underlying medical problems, like high blood pressure, diabetes, heart disease, and/or neuromusculoskeletal disorders, etc. then the results of the DRE are further skewed. Many people walk, talk, and act like they are on drugs because they are sick, they are disabled, they are old, they are upset,or they are tired at 2:00am. Bad driving or impaired behavior may not be drugs at all.
Is the real injustice being inappropriately evaluated, inappropriately arrested, or inappropriately treated because you are sick, old, or tired?
If you have questions about a DWAI drugs case in
NY, call
us: 607-229-5184
Or find us online! www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
*DISCLAIMER: If you or a loved one has been charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes, including the potential loss of your freedom.
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