Monday, April 29, 2019

Timothy Callahan: Massachusetts: Drug recognition expert Brennan Polidoro: (DRE): Judge tosses his evidence in an operating under the influence (OUI) charge, ruling: "Based on the evidence presented at this hearing, the Court finds that the body of knowledge, the principles and the methods that the officer was instructed on are not reliable predictors of whether an individual is under the influence of certain narcotics," Tyne said... The court also found that the state didn't show that body of knowledge is generally accepted by the scientific community."



PASSAGE OF THE DAY: "Tyne ruled that Polidoro cannot testify as an expert about the effects of certain narcotics on the body, may not give an opinion on whether Callahan was under the influence of any drugs, may not give an opinion of what drugs Callahan allegedly consumed, may not refer to himself or be referred to by the state or any of its witnesses as an expert, a drug recognition expert or a DRE, and may not testify to any drug recognition or DRE training that he has received. But, he can testify that he received extensive training in investigating impaired drivers, and testify to admissible observations that he made of Callahan and statements Callahan might have made."

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STORY: "Judge tosses evidence in OUI stop by drug recognition expert," by reporter Bob Dunn, published by  The Berkshire Eagle on April 28, 2019.

https://www.berkshireeagle.com/stories/judge-tosses-evidence-in-oui-stop-by-drug-recognition-expert,570445