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Florida Drug Recognition Experts DRE Video

DRE Florida Drug Recognition Experts
Florida Drug Recognition Experts DRE

Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.

We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?

What is the History and Origin of the Drug Recognition Expert (DRE}?

The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
Florida Drug Recognition DRE Experts
7 Days to a Better You (DRE)

What is done during DRE training?

A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.

Who does the Drug Recognition Experts (DRE) training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.
Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .”  In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).
Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Standardized 12-Step Drug Recognition Experts Protocol

The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.
1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.
Sources: http://www.wsp.wa.gov/breathtest/dredocs.php 
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DUI Attorney Tampa Videos

Tampa Traffic Stop DUI Videos

“an inside look at criminal traffic stops for DUI”

Florida DUI Criminal Defense Attorney presents Traffic Stop DUI videos from inside a patrol car. In this series of DUI videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr, gives you an inside look at criminal traffic stops for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer, former Prosecutor, and a Defense Attorney, defending DUI charges for over 10 years.

Tampa Attorney Checkpoint DUI Videos

“we decided to send our team out to take a look”

Hillsborough County Sheriffs Office in Tampa, Florida decided to have a DUI Checkpoint, so we decided to send our team out to take a look DUI videos. They pulled over every fifth car. We witnessed Zero arrests. Tell Us Your Story Toll-Free 1-877-793-9290.

DUI Videos Refusal Of Breath Test

“video of Refusal of a Breath Test after an arrest for DUI”

Tampa DUI Criminal Defense Attorney shows videos of Refusal of a Breath Test after an arrest for DUI, in this 2-minute video. A Hillsborough County Florida Sheriff’s Deputy administers a Breath Test Warning / Request in a Florida DUI case.

Tampa Florida DUI videos Field Sobriety Tests

“an inside look at field sobriety tests for DUI” 

Florida DUI Criminal Defense Attorney presents Field Sobriety Exercises videos. This production is one of a series of videos, narrated by Florida DUI Attorney, W F Casey Ebsary Jr and gives you an inside look at field sobriety tests for DUI in Tampa, Hillsborough County, Florida. Casey is a Criminal Trial Lawyer and a former Prosecutor, defending DUI charges for over 20 years
DUI Videos, Ray Fernandez, Tampa DUI, Tampa DUI Lawyer, Tim McGinnis, Video

Tampa DUI Lawyers – Charges Dropped – Video Updates

We have the
complete report here
Tampa DUI Lawyers are watching the latest DUI Scandal Update. Tampa Police should expand their use of video recordings in all phases of DUI investigations. Here is what the panel that investigated the Tampa Police Department DUI scandal recommended: 

Police reports should be more thorough.

DUI Incident Report Forms should be updated

Field sobriety tests should be expanded

Video recordings should be expanded to all phases of the investigation

Update the policy on urine testing

Update the Tampa Police DUI investigation guide

TPD should be in Regular communication with the State Attorney’s office.

Tampa DUI Lawyers DUI Scandal Update: 

Call our Tipline at 813-222-2220 if you have information about this story. Looking to shore up confidence after a controversial DUI arrest, the Tampa Police department is launching a review of several dozen DUI cases. The subjects of the investigation – the cases involving two Officers: Ray Fernandez,  Tim McGinnis. We have suspected that DUI cops were watching people and places for reasons they often would not admit. To his credit, the officer in the video below tells us they watch parking lots, act on tips received by phone and other types of electronics messages. We have protected the identity of one officer and give him credit for testifying so candidly. Tips to watch locations come from Phone Calls from Bar Managers, letters, pictures he says, “I get all kinds of stuff.”

In early August, I met with an investigative reporter with a major media outlet in Tampa Bay and shared what we had already uncovered in our review of DUI case procedures. Video Below:

  http://WFLA.images.worldnow.com/interface/js/WNVideo.js?rnd=767347;hostDomain=www.wfla.com;playerWidth=500;playerHeight=355;isShowIcon=true;clipId=9176209;flvUri=;partnerclipid=;adTag=News;advertisingZone=;enableAds=true;landingPage=;islandingPageoverride=false;playerType=STANDARD_EMBEDDEDscript;controlsType=overlayWFLA-TV News Channel 8

Tampa DUI Charges Dropped after this cop testified and the DUI prosecutors investigated. Here is the video and the Tampa Bay DUI report. Tampa Bay DUI Officers Watch Bar Parking Lots. We recently got some interesting video of testimony from a top DUI Sargeant in Tampa Bay DUI law enforcement. He candidly admits the obvious – cops sit on bar parking lots. We have the complete report here: http://duifla.com/TampaDUIDismissed.pdf

Assume this is the practice everywhere. One DUI attorney has said “as there was a basis for the traffic stop and probable cause for the arrest, how or why an officer got involved in a DUI stop is irrelevant.” The DUI prosecutors did not file the case after trying to interview the tipsters and other witnesses.


To sum it all up, the major admissible evidence to potentially prove DUI would be:
alcohol consumption
an arguably illegal lane change
odor of alcohol
refusal to take a breathalyzer

The likely evidence the defense would present:
eyewitnesses who would say Campbell was not impaired
favorable video
prevented from doing FST’s

The above evidence would be insufficient to sustain a conviction even if there was no evidence of a set up. However, there would be no legal vehicle to limit the defense in presenting evidence regarding the behavior of Personius, et al. Sgt. Fernandez’s and Ofc. McGinnis’ credibility would become a significant issue which would be exploited by the defense.

Although it would have been preferable for Campbell to have taken the breathalyzer, it could be reasonably argued that once Ofc. McGinnis refused to allow Campbell to do FST’s that there was no interest in proving Campbell guilty of DUI, but, rather, the goal was to arrest Campbell to benefit Sgt. Fernandez’s friend, Filthaut, and the A & D law firm in a pending civil trial.

The public relations mantra from A & D has been that they vere only helping get a drunk driver – off the streets. This rings hollow when you consider the time, effort and subterfuge used by them to get Campbell on the streets. Besides the abovementioned proof problems, to prosecute Campbell would require us to adopt the worrisome behavior of all involved. Based upon all of the above, we should file a Nolle Prosse.

Sources: http://www.myfoxtampabay.com/story/20973414/2013/



Tampa DUI Lawyer Attorney

DUI Injury, DUI Videos, field sobriety exercises, Miranda, videos

DUI Video Lost | Miranda Warnings | Crash Investigation | Case Dismissed

Video Lost | DUI Case Dismissed
Tampa Criminal Defense Expert just researched a case of Driving under influence DUI, where charges were dismissed with prejudice where Evidence including Statements of the defendant were obtained when a defendant was not advised of Miranda rights at conclusion of traffic crash investigation. The cops began a DUI criminal investigation and tried to use statements of defendant during DUI investigation. The statements were suppressed.

The Court ruled that a Videotape and other evidence of defendant’s performance during field sobriety exercises were suppressed (thrown out) where a Sheriff’s deputy intentionally confused and unduly influenced defendant’s decision to withdraw initial refusal to perform exercises. This is called acquiescence to lawful authority and renders consent to exercises involuntary.

Finally after these two serious violations of the rules by the Police, the cops failed to preserve the DUI videotape. The Deputy knew videotaping equipment in his vehicle had been malfunctioning for extended period of time and was malfunctioning at time of stop. Sometimes police have policies requiring review of videos and replacement of unsatisfactory videos with new recordings or take other action to ensure there was satisfactory recording. The Deputy’ s actions were tantamount to bad faith.

Case Dismissed.

Video Lost or Destroyed in Your Case? Let’s find out together.  Call toll free 1-877-793-9290.

Source: FLW 1804mili (2011).