Credit: canecorso/Adobe Stock Driving-While-Stoned Test Case Pushed Back as Court Adopts 'Daubert' Standard
But the need for special master Joseph Lisa to re-do his report under the revised standard means the Supreme Court is unlikely to come up with a ruling in "Olenowski" until the fall, said defense attorney Evan Levow.
February 17, 2023 at 04:02 PM
7 minute read
After wading into a controversy over New Jersey's technique for spotting stoned drivers, the Supreme Court has directed that the Daubert standard for evaluating expert testimony should replace the older, narrower Frye standard in the case.
But it remains unclear how the change will impact the court's evaluation of the Drug Recognition Expert, or DRE, protocol for deciding if a driver is under the influence of drugs.
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