Wednesday, May 18, 2016
You're driving along a dark road, you're tired after a long day of work and you're pulled over by Officer Smith who patrols that road religiously looking for anyone to end his boredom.
Two hours after you are pulled over, given a breathalyzer (which you passed by blowing 0.0) you are given a ticket for Driving Under the Influence.
How could you be given a ticket for Driving Under the Influence, when you did not drink any alcohol and you did not consume any drugs? You are adamant that you are not under the influence of anything. Despite your innocence, you are found guilty after a trial, because Officer Smith testified that he gave you a Drug Recognition Exam that you failed, and based on his years of training and expertise that means that you were under the influence of a narcotic (whether legal or illegal).
Drug Recognition Exams ("DRE") is a junk science. In order for a police officer to qualify as a DRE expert he only needs 72 hours of training. A police officer with minimal training in human physiology, is given a course for 72 hours, and miraculously they can suddenly and without hesitation tell when a person is under the influence of a narcotic.
In order to fight your DRE in court it is vital that your attorney know and understand how the DRE is given. The DRE is based on twelve (12) steps. Failure of the officer giving you the exam to follow any of the 12 steps makes the already unreliable exam inadmissible as it lacks total credibility.
Doctor Tanya Blanch-Samet, is a doctor dual board certified in Addiction Medicine and Internal Medicine who works with Attorney Mario M. Blanch, Esq., consulting other attorneys in how to win their cases, stated "The DRE is a pathetic attempt at training non-medical personnel to make medical decisions. It's an attempt at legitimizing a lay person to diagnose intoxication without any knowledge of anything else or formal training beyond 72 hours. A three day training course cannot replace four years of medical school and medical practice. The exam fails to take into account the myriad of variables necessary to make an appropriate diagnosis of intoxication."
A good criminal defense attorney and a consulting team are required to beat a DRE. In order to combat junk science you need real science.
Mario M. Blanch, Esq.
Criminal Defense Attorney
201-869-9898
mario@blanchlegal.com