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DUI ALCOHOL vs DUI DRE (drugs)

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califdude

Junior Member
What is the name of your state? ARIZONA

I was pulled over good friday morning around 8:30 am by an unmarked Ford Expedition. I was on the way to mc d's for egg mc muffin. The Expedition was an identical match to my fiences ex-husbands Expedition, we live 2 streets from each other. Hes a real ass (were actually more alike than he thinks) I was rockin to some David Allen Cole and the cop swoops behind me this kind of **** always happened to me by her ex, thats who i thought it was. So I made my usually obsine gestureand his vehicle closed in distance,I braked hard to miss obsticle in road (lol) the expedition did all he could not to hit me. I used to drive stock cars in the day,I watched in my mirror letting off brake so he wouldnt hit my car. Red lights came on i pulled over and tried to explain what was up as politely as possible. I've never been arrested in my 45 years, all i saw was the barrel of his gun hands up *******. The cop started with the usual talk trying to get you to lose your temper, so you want to fight her ex and you want to fight me too! Long short he cuffed me searched my vehicle when other officer in uniform arrived the tacticle officer who stopped me preceeded with dre (actually dui tests) which I didnt willingly submit to. He told me I had no choice and the same lies they are trained to say to people I later learned. My attorney filed a motion to suppress the officers dre testing the cop used standard dui tests which are not valid for drugs. the cop lied about checking my pupils because he did (that was the only dre accredited test he performed) he than addmitted me was not or will not be certified as dre qualified. The patrol officer that was second at scene was dre certified but he never participated in dre eval. The cop was not actually on duty he was on his way to substation to catch up on paper work. I was left in cuffs for almost 1 hour while the cop and secondary officer talked **** to me saying im a crack head and I was not as tough as him (little guy ) all this was not disclosed at suppression hearing im still waiting for ruling judge took it under advisement, he was needing to lister to transcripts on some of the cops inconsistencies. I have been checking case laws and have since found that if the officer is not dre cretified and didnt perform 7 tests and 12 steps to validate dre his testimony cannot be used in trial

The court held DRE evidence is scientific. In order to be admitted, the State must
establish that the DRE officer completed the prescribed training and was certified.
These subjects include the basis for requesting a urine
test, whether the subject was “under the influence” of a drug and if the subject’s
responses were consistent with the subject being impaired. The court further stated
that an officer can not testify that the subject’s observed impairment was caused by
ingestion of the drug predicted. In addition, the court held a DRE officer should be
referred to as the “drug recognition evaluation” officer or “drug recognition
evaluator.”

An officer may qualify to testify as an expert regarding drug impairment of a driver
if the officer is properly trained and certified as a DRE officer by the IACP.
The results of the DRE examination may be admitted into evidence in the subject
cases if a foundation is established that the DRE protocol was properly followed by
the certified DRE officer….

can i still use these if ruling is not to supperss officers testimony??

thanks califdude
 



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