The Supreme Court denied a motion earlier this month to stay proceedings that raise issues regarding the admissibility of drug recognition experts (DREs) testimony, which may be potentially affected by the pending appeal in the matter of State v. Olenowski. The Supreme Court has appointed a special master to hold hearings and make a recommendation on the reliability of DRE evidence in the matter, calling into question the reliability of expert testimony of DREs who perform drug influence evaluations (DIEs). The trial court upheld the convictions of Michael Olenowski for driving while intoxicated on the basis of DRE testimony, a decision which the Appellate Division affirmed.
The New Jersey State Bar Association (NJSBA) filed an amicus curiae brief questioning the legitimacy of DRE testimony, arguing that it lacks the foundation to meet the Frye standard for expert opinions. “Given the scientific nature of the DIE and DRE opinion, the appropriate standard of review for their admissibility should be based on general acceptance within the scientific community,” the NJSBA brief said. Absent this, DRE evidence should be inadmissible, argued the NJSBA.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
