Comments on: Prosecutors Find Operating Under Influence of Drugs Cases Difficult to Prove https://winbackyourlife.org/operating-under-influence-of-drugs/ Survive Your Michigan DUI Arrest - CALL (248) 306-9159 for your FREE case review Fri, 19 Nov 2010 22:14:41 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Thomas Gallagher https://winbackyourlife.org/operating-under-influence-of-drugs/comment-page-1/#comment-970 Thomas Gallagher Fri, 04 Dec 2009 17:32:21 +0000 https://winbackyourlife.org/?p=1030#comment-970 In Minnesota, police try to bolster their case by having a "Drug Recognition Evaluator" cop do an examination of the driver. Drivers in Minnesota should not cooperate with these field exercises and medical exams requested by police. They are similar but more elaborate than the so-called field sobriety tests requested in alcohol-only cases. These intolerance laws are absurd, since the presecence of drug metabolites is not correlated with impairment. Thomas C Gallagher, <a href="http://www.liberty-lawyer.com/" rel="nofollow">Minneapolis Criminal Lawyer</a> In Minnesota, police try to bolster their case by having a “Drug Recognition Evaluator” cop do an examination of the driver. Drivers in Minnesota should not cooperate with these field exercises and medical exams requested by police. They are similar but more elaborate than the so-called field sobriety tests requested in alcohol-only cases.

These intolerance laws are absurd, since the presecence of drug metabolites is not correlated with impairment.

Thomas C Gallagher, Minneapolis Criminal Lawyer

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]]> By: PA DUI Attorney https://winbackyourlife.org/operating-under-influence-of-drugs/comment-page-1/#comment-899 PA DUI Attorney Thu, 26 Nov 2009 09:00:05 +0000 https://winbackyourlife.org/?p=1030#comment-899 Great post. Solid points. The prosecution of DUID cases and especially legally prescribed drug prosecution cases are troubling to me. It is so simple for an well-intentioned but massively under-trained officer at the side of the road to make the wrong call and assume impairment due to contextual bias. They see a pill bottle or the person is acting nervous and next thing you know the officer jumps to the conclusion that the physical or the psychomotor symptomolgy must be due to impairment to the exclusion of all other possible reasons. When some more good old fashioned police work (translated as asking questions) would dispel the suspicion. ____ -Justin J. McShane, Esquire, <a href="" rel="nofollow">Pennsylvania DUI Attorney</a> Great post. Solid points.

The prosecution of DUID cases and especially legally prescribed drug prosecution cases are troubling to me. It is so simple for an well-intentioned but massively under-trained officer at the side of the road to make the wrong call and assume impairment due to contextual bias. They see a pill bottle or the person is acting nervous and next thing you know the officer jumps to the conclusion that the physical or the psychomotor symptomolgy must be due to impairment to the exclusion of all other possible reasons. When some more good old fashioned police work (translated as asking questions) would dispel the suspicion.

____
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

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