When a law enforcement officer comes upon a crash scene he or she may suspect illicit drug use. Their training, the National Highway Traffic Safety Administration manual and common sense dictate that no suspicion of drug use be assumed without evidence. When a case involves medical problems, a drug investigation (DRE, drug recognition expert evaluation) should not be performed. This is the rule per NHTSA. The government wants to avoid confusing possible drug use with the observations really being medical issues. Where the NHTSA manual states in a situation like this, “your primary purpose at this time is to look for any evidence of a medical complication that would warrant terminating the examination and summoning medical assistance since there is always the possibility that a person suspected of drug impairment is actually suffering from an illness or injury requiring medical attention.”
This is another example of how an experienced drugged driving attorney can help. When you come to your consultation, be prepared to talk science.
DRUGGED DRIVING – HOW WILL THE POLICE REACT?
What we suspect will happen upon implementation of Ohio’s Medical Marijuana law is that law enforcement will take action. Will their opposition to the law manifest in more questionable drugged driving arrests? How can they not be biased? Can an officer instructed to be on alert for drugged driving approach the suspect with the requisite open-mindedness needed to conduct an investigation. In short, will the police officer be fair?
I am reminded of the quote by Maslow, “If the only tool you have is a hammer, ever problem is a nail.
DRUGGED DRIVING – DAYTON DUI IS PREPARED
As this blog has warned for the past years, the next phase of the government’s WAR ON DRUGS is the DRE protocol allowing roadside police to determine if a person is impaired by prescription or illicit drugs. Consequently, while it may make no sense that a police officer is turned into a roving drug scientist, the government is allowing this approach. If you are accused of driving while impaired by drugs, call me. I have studied and been certified in drug recognition training. I’m ready! It is imperative that your attorney be familiar with police tactics. Without the knowledge, you will have no defense. In additoin, I want you to have a plan of attack. Call me to discuss what I can do. What’s more, it is free! Call me at (937) 318-1DUI or visit www.DaytonDUI.com.