Charges for Operating Under the Influence of Drugs are becoming more and more common in Massachusetts. Why? Two reasons: First, the decriminalization of marijuana has led police to be more aggressive about pursuing those driving under the influence of pot. The officers know that they cannot arrest for simple possession of a small amount, so in a routine motor vehicle stop, the shift turns to whether the person smoked marijuana before driving. Second, a new type of evidence known as “Drug Recognition Expert” evidence is finding its way into courtrooms more and more often. It is designed to help convict people of driving under the influence of drugs.
The federal government has a program, where officers are trained as supposed “Drug Recognition Experts.” They are trained on a 12-step process that supposedly equips them to recognize whether a driver has consumed drugs, and if so what drug. While many observers place this evidence in the category of “junk science,” courts are nevertheless allowing the fruits of this program into evidence. Meanwhile, more and more officers are being trained in this method every month. It takes a cutting-edge lawyer to properly defend these cases, and counter the phony science.
If you are facing charges of driving under the influence of drugs, your lawyer should know the DRE program inside and out. He should know the 12-step process, and all its shortcomings and inaccuracies. Attorney Goldberg-Giuliano has extensive training and experience in this area of law, so if you have been arrested on this charge, contact him immediately.