Court Rules that DRE Protocol is Inadmissible as Evidence

Recently, a Circuit Court in Maryland rule that the DRE protocol was inadmissible as evidence because “…it is not generally accepted as valid and reliable in the relevant scientific community…”.

The DRE Protocol is being used in Pennsylvania without sufficient scientific backing.

The DRE Protocol is being used in Pennsylvania without sufficient scientific backing.

The DRE protocol is a twelve step procedure police use to try to determine whether someone is impaired by drugs.  This procedure is used all over the country in DUI drug cases when the police suspect someone of driving with under the influence of illicit drugs or even prescription drugs.  However, it has not been studied extensively by the scientific community and lacks general acceptance. Based on this, Attorney Brian DeLeonardo decided to challenge the DRE protocol in court.

After ten days and nine witnesses, the court ruled that the DRE protocol was inadmissible as evidence because “…it is not generally accepted as valid and reliable in the relevant scientific community…”.

You can read the full decision at Maryland Court DRE Opinion.

It goes to show, once again, that having the right lawyer can make all the difference in your DUI case.  If you are facing a DUI drugs case in Pennsylvania, please cal 1-866-MCSHANE for a free consultation with one of our DUI experts.

 

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

Comments

comments

Leave a Reply

Your email address will not be published. Required fields are marked *