Florida Drug Recognition DRE Experts - Five Things to Know

DRE Florida Drug Recognition Experts
Florida Drug Recognition DRE Experts
Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects. We have obtained training manuals and reviewed the evidence used to support these "experts" and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of "scientific" evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors' witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during DRE training? Who does the DRE training? What special skills are DRE taught that judges and jurors don't already have? Does DRE "evidence" meet the standard for admissibility under Florida law and the Daubert standard ? 

What is the History and Origin of the DRE?

The Los Angeles Police Department developed this area of alleged expertise in the 1970's. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the "certification" is now issued by the cop's own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.

Florida Drug Recognition DRE Experts
7 Days to a Better You - DRE
What is done during DRE training?

A Seven (7) day school is supposed to cover a 706 page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE "evidence" meet the standard for admissibility under Florida law and the Daubert standard ? ). 

During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.

Let's visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.

Seven days to a better you - In short, street cops become quasi-medical professionals in only one week.

Who does the DRE training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are DRE taught that judges and jurors don't already have? 

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these "experts" they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does DRE "evidence" meet the standard for admissibility under Florida law and the Daubert standard ? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: "Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect." Since, 2013, there is little guidance from courts and judges on the validity of this testimony.

Florida Rule of Criminal Procedure 3.220 requires disclosure of "reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . ." The rules also discuss, "expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . ."  In 1996, the rules also contemplated, "experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test." FRCP 3.220 at 151 Note ( July 1, 2014).

Florida Drug Recognition DRE Experts are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Sources: http://www.wsp.wa.gov/breathtest/dredocs.php 

DUI Traffic Stop Motion to Suppress

Motion to Suppress Evidence
DUI cops need a valid reason for a traffic stop. In one recent case there was an anonymous tip of bad driving and then a video revealed no such bad driving. The video and other identifying information have been removed from the filing to protect the privacy of the defendant.

Take a look at this online sample Motion to Suppress based upon an allegation of an invalid DUI Traffic Stop. If the traffic stop is invalid, DUI Driving Under the Influence or other criminal charges can be avoided.


Was there a bad traffic stop in your case? Let's find out - Call me Toll Free 1-877-793-9290


DUI Traffic Stop Motion to Suppress

Florida Drivers are Targets in Law Enforcement Contests - DUI Arrest Quotas, Contests, and Prizes

DUI Defense Attorney, Arrest Contest, DUI Arrest Contest
Worst DUI Award
A recent press release by a Florida DUI law enforcement agency noted a prize package worth $15,000 or the keys to a new car. These valuable items were on the line during a sponsored contest to see who was the best in the business in traffic law enforcement. Tampa DUI Attorney, Casey Ebsary has been studying these contests for years and this year's disturbing update shows a continued trend.

"placing third, which equals $10,000 in money for the agency to spend" 

Cops are rewarded for traffic stops. Notwithstanding their constant denials that they have quotas. We have generally referred to these as DUI arrest contests. Feel free to use the search window on our website to review this sordid history.  We will cite all authorities so our DUI Defense Attorney readership can use them at their next jury trial, the next time these folks deny statistically driven, money-motivated, prize-seeking arrest decisions, give them with a healthy dose of the truth.


Law Enforcement Contests

Police are proud of these contests in their media campaigns, but are quick to deny before juries and judges. A recently uncovered memo from a Florida West coast law enforcement agency touted the number of arrest contest events, the number of arrests, and the completion of a project using "data-driven" statistics. Source: http://www.tspd.us/2013%20Spring%20Strategic%20plan%20review.pdf

One Florida Cop Shop has been awarded "1st place honors in a 'DUI Challenge' and a ‘Law Enforcement Challenge.' ” The agency actually did a Press release, like a sports team announcing selection to the All Star game  or Home Run Derby that three cops had been given awards based upon the numbers of arrests each DUI cop had made. Source: http://www.pnj.com/ Another cop shop "accepted the award at the DUI awards ceremony which was held in Orlando Florida."Source: http://www.thebradentontimes.com  

More about that big DUI party in Orlando in a minute .


DUI Awards | Cash and Car

DUI Law enforcement agencies are proudly posting their "accomplishments" in these arrest contests. One agency "will be entered to draw the winning key that starts a brand-new vehicle, among other prizes." Source: http://www.polksheriff.org/NewsRoom/News%20Releases/Pages/05-30-2013.aspx The DUI cops proudly proclaim: "the agency will be awarded 10,000 "challenge points" for placing third, which equals $10,000 in money for the agency to spend on traffic safety related items (second place earns $12,000, and first place is $15,000). Source: http://www.polksheriff.org/

The State of Florida encourages law enforcement again this year by holding an Olympic-like contest in Orlando. A photo in the report had a cop on foot running behind a traffic patrol motorcycle. This contest kept statistics and awarded performance based on statistical analysis of annual numbers of traffic enforcement actions. They call it the Florida Law Enforcement Challenge. Prizes were awarded for "inventive approaches" to traffic law enforcement. One news source at a major Florida University described the contest as, "creating effective traffic programs that focus on increasing the safety of drivers in Florida. Tackling topics such as drunk driving and protect[ing] the drivers . . . .." The incentive was an award worth $15,000.00. Source: http://www.fsunews.com/article/20140702/FSVIEW/140702006/FSUPD-takes-first-law-enforcement-challenge 

Florida DUI Arrest, Tampa DUI Attorney
Win a New Car
"draw the winning key that starts a brand-new vehicle"

We just studied a case where "inventive" approaches were used to justify traffic stops that resulted in a felony arrest. The Florida Supreme Court will not tolerate these inventions. Source: http://www.drug2go.com/2014/07/can-color-of-vehicle-be-probable-cause.html  . However, by the time a citizen has been arrested, a booking photograph has been posted by the arrest contestants, and their insurance has skyrocketed during years of litigation, what is the true cost?

Traffic and DUI Cop Party Near Disney World

A big shindig was held in the resort-capital of the world, Orlando, Florida. The hotel and restaurants are nice. You can get a discounted rate of $125.00 per night if you shop around. Our family just spent the better part of a week there (at our and not the taxpayers' expense). One sponsor is the Florida Law Enforcement Liaison (LEL) Program. Their office is located in an office park in  Florida's capital Tallahassee. That operation is funded by "the Florida Department of Transportation (FDOT) and the National Highway Traffic Safety Administration (NHTSA). " Source: http://www.floridalel.org/About . They have even posted a contest rewards catalog online. Source: http://www.floridalel.org/Resources/Online-Catalog 

Sales people blog about incentives, as for profit corporations are on the bandwagon at a reception for cops at the Convention near Disney World. Source: http://www.lasertech.com/blogs/Traffic-safety/post/2014/06/02/Florida-Law-Enforcement-Challenge-2014.aspx  Meanwhile, collectively consider the agencies who participate in these profitable and rewarding misadventures as this year's the nominees for worsts.

http://www.duiteam.com




Tampa DUI Checkpoint Roadblock Police Manual

Tampa DUI Checkpoint Roadblock Police Manual, checkpoint, roadblock, TPD, dui checkpoint,
Tampa DUI Checkpoint
Roadblock Police Manual
635.8 MOTOR VEHICLE CHECKPOINTS

I. DISCUSSION: Officers may occasionally use a motor vehicle checkpoint, commonly referred to as a roadblock, as a lawful means of traffic law enforcement. Checkpoints must be carefully organized and implemented to ensure the safety of citizens and officers and to ensure compliance with requirements of the law.

II. DEFINITION: Checkpoint or Roadblock: The systematic brief stopping of motor vehicles at a designated location for the purpose of determining compliance with traffic, licensing, and registration laws.

III. PROCEDURE:

A. The implementation of a motor vehicle checkpoint shall be conducted only with the approval of the appropriate district major.

B. Written guidelines shall be prepared for each operation and will serve as directions to all participating personnel. Significant deviations from the guidelines will not be made absent compelling circumstances and supervisory approval. The guidelines shall include the following:

1. The location of the checkpoint;

2. The time of commencement and duration of the checkpoint;

3. Vehicle selection criteria, (i.e., every vehicle, every fifth vehicle). The selection criteria shall not be discretionary or random;

4. The number of personnel required and the specific duty assignments of each;

5. Specific plans to remove detained vehicles from the roadway for ticketing or additional investigation; and

6. The anticipated duration of a selected vehicle stop, based on the operational guidelines (assuming no enforcement action required).

C. Only uniformed officers shall be utilized at checkpoints to make the actual vehicular stop.

D. Consideration shall be given to ensuring the safety of officers and citizens as well as to ensuring a minimum of inconvenience to momentarily detained citizens.

E. If reasonable suspicion arises with respect to a particular vehicle, that vehicle may be stopped despite the selection criteria established in the written guideline.

New Policy on Clearwater DUI Arrests

Clearwater DUI Arrests, New Policy on Clearwater DUI Arrests, Sean Allaster , David Young , Sgt. Sean Allaster , Sgt. David Young .
Mandatory Field Sobriety Testing Imposed in Clearwater, Florida

Up until recently roadside field sobriety tests (FST) were given and usually "failed") at the discretion of an officer. The DUI cops in this Florida town cut one of their own a break and gave him a ride home with no FST. The public found out and now almost everyone and suspects with a hint of alcohol on their breath can expect a run-around that almost always ends in arrest. 

Minor punishment for a few weeks for these cops. Major punishment for citizens for the citizens who are later cleared after "failing" these "tests" and later passing a breath test or are cleared by a jury. Here are some of the names reported to have been involved: Sgt. Sean Allaster and Sgt. David Young . Thank you for your service.

New Policy on Clearwater DUI Arrests

The Clearwater Police Department is now requiring every officer to conduct field sobriety tests if they suspect a driver is intoxicated. driver.

Source: http://www.tampabay.com/news/publicsafety/crime/clearwater-officers-disciplined-for-failure-to-report-fellow-officer-who/2177477

Florida DUI Blood Alcohol Analyses Affidavit



I, ____________________________________________________________, do hereby swear or affirm that I
                                                                                                            (Printed name of analyst)

hold a valid Florida Department of Law Enforcement Permit to Conduct Blood Alcohol Analyses and that I

analyzed a specimen which the record reflects was obtained from

_______________________________________________________ on _____________ at ____________.
                                                                                                (Subject name)                                                                                                                                                 (Date)                                      (Time)

The analyses performed were conducted in accordance with the provisions of Chapter 11D-8, Florida

Administrative Code.  The results of the analyses were 0.____________ and 0.____________ grams of alcohol

per 100 mL. of blood.  The analytical method used was:

_____ Gas Chromatography       _____ Alcohol Dehydrogenase (Enzymatic)


__________________________________________________________________
(Signature of Analyst)

THIS AFFIDAVIT MUST BE NOTARIZED

STATE OF FLORIDA, COUNTY OF _______________________

Sworn to (or affirmed) and subscribed before me this __________ day of _________________, _______, by
                                                                                                                                                                                                                                                                                                                                                (Month)                                    (Year)
________________________________________________________
(Printed name of analyst making statement)



_______________________________________      _________________________________________________
  (Signature of Notary Public - State of Florida)             (Print, Type or Stamp Commissioned Name of Notary Public)

___ Personally known OR ___ Produced identification Type of identification produced: __________________

NOTE:     Pursuant to Chapter 117.10, Florida Statutes, law enforcement officers, correctional officers, traffic accident investigation officers and traffic infraction enforcement officers               are notaries public when engaged in the performance of official duties.

Use in accordance with Section 316.1934(5), Florida Statutes..  This form  may also be used in administrative proceedings pursuant to 322.2615, Florida Statutes.  Forward within 5 days to the local Bureau of Driver Improvement Office, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles.


Florida DUI - Certification Of Blood Withdrawal





I certify that as a physician, certified paramedic, registered nurse, licensed practical nurse, or other person

authorized by a hospital to draw blood, or as a licensed clinical laboratory director, supervisor, technologist or

technician, I am authorized by 316.1932, 316.1933, 322.63, 327.352 and 327.353, Florida Statutes, to withdraw

blood at the request of a law enforcement officer.  I certify that on ______________________________ I                                                                                                                                                                                                                                                                                                                                                      (Date)

withdrew blood from _______________________________________________________ at the request of
                                                                                                                                                            (Driver)

_____________________________________.  The blood sample(s) were collected and labeled in accordance                                                                      (Officer)

with the provisions of Rule 11D-8.012, Florida Administrative Code.  Before collecting the blood sample(s), the skin was cleansed with an antiseptic that did not contain alcohol.  The blood sample(s) were collected in glass evacuation tubes that contained a preservative and an anticoagulant.  Immediately after collection, the tubes were inverted several times.  The blood collection tubes were labeled with the name of the person tested, the date and time the sample(s) were collected and the initials of the person who collected the sample(s).


_______________________________________________________________
(Printed name of person withdrawing blood)


_______________________________________________________________
(Title)


_________________________________________________          ____________
                                                                                                                                                                        (Signature)                                                                                                                                    (Date)




May also be used in administrative proceedings pursuant to s. 322.2615, Florida Statutes.  To be forwarded to the local Bureau of Driver Improvement Office, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles.

Florida Operational Procedures – Intoxilyzer 8000

1.   All results are reported to three decimal places in g/210L.  The instrument must display READY MODE prior to beginning the breath test.  Push the START TEST button to begin the breath test:
  • Enter Breath Test Operator last name, first name and middle initial at USER prompts.
  • DATE/TIME.  Verify the displayed date and time.  Change if necessary.  Press ENTER.
  • LAST AGENCY INSPECTION DATE.  Verify the agency inspection date displayed.  Press ENTER.
  • CYLINDER LOT#.  Verify the dry gas standard cylinder lot number.  Change if necessary.  Press ENTER.
  • EXPIRATION DATE.  Verify the dry gas standard cylinder expiration date.  Change if necessary.  Press ENTER.
  • OBSERVATION PERIOD BEGAN.  Enter the time the observation period began (at least 20 minutes)
  • SWIPE DL OR PRESS ENTER.  Either swipe the subject’s driver license or identification card or press ENTER.  Enter applicable information as prompted.
·        DIAGNOSTICS CHECK.  The result must be OK.
·        AIR BLANK.  The result must be 0.000.
·        CONTROL TEST.  The result must be between 0.075 and 0.085, inclusive. 
·        AIR BLANK.  The result must be 0.000.
·        PROVIDE SAMPLE NOW.  Have the subject provide a breath sample into the instrument.
·        AIR BLANK.  The result must be 0.000.
·        PLEASE WAIT.  The instrument will countdown the time remaining for the wait period. 
·        AIR BLANK.  The result must be 0.000.
·        PROVIDE SAMPLE NOW.  Have the subject provide a breath sample into the instrument.
·        AIR BLANK.   The result must be 0.000.
Note:    If there is no 0.020 g/210L agreement between first and second breath samples, the instrument will automatically request a third breath sample as follows:
·        PLEASE WAIT.  The instrument will countdown the time remaining for the wait period. 
·        AIR BLANK.  The result must be 0.000.
·        PROVIDE SAMPLE NOW.  Have the subject provide a breath sample into the instrument.
·        AIR BLANK.  The result must be 0.000.
·        CONTROL TEST.  The result must be between 0.075 and 0.085, inclusive.
·        AIR BLANK.  The result must be 0.000.
·        DIAGNOSTICS CHECK.  The result must be OK.
2.   If an external printer is used, FDLE/ATP Form 38 – Breath Alcohol Test Affidavit - Intoxilyzer 8000 will be automatically printed containing all the results.  If no external printer is used, a printout slip containing all the results will be automatically printed. 

3.       Complete FDLE/ATP Form 38 – Breath Alcohol Test Affidavit - Intoxilyzer 8000.