New Jersey State Bar Association headquarters at 1 Constitution Square, New Brunswick, NJ. Credit: Google
NJSBA to argue for Daubert standard for criminal cases
On Jan. 17, the New Jersey State Bar Association (NJSBA) will urge the state Supreme Court to find that, for purposes of DWI prosecutions, the Drug Influence Evaluation technique and the Drug Recognition Evaluation (DRE) opinion derived from the technique are unreliable, regardless of whether the technique is analyzed under the Frye or Daubert standards. The NJSBA is appearing as amicus curiae in State v. Olenowski, which addresses the issue of whether the testimony of Drug Recognition Experts (DRE) employing Drug Influence Evaluations (DIE) in matters involving driving under the influence (DUI) is scientifically reliable. John Menzel, who also authored the brief, will argue the matter on behalf of the NJSBA.
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