New Jersey State Bar Association headquarters New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google

|

Capitol Report

NJSBA urges Daubert standard in review for criminal cases. In the ongoing issue of whether Drug Recognition Experts (DRE) are reliable, the New Jersey State Bar Association urged the Supreme Court to apply the Daubert standard of evaluating scientific reliability of using drug influence evaluations (DIE) in driving under the influence (DUI) matters. In its latest amicus filing in State v. Olenowski, the NJSBA urged the application of the Daubert standard, rather than the Frye standard, and said that the record fails to establish the reliability of the DIE technique and DRE opinion.