DUI
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Case Details
In Howard County, Mr. Kunka had a district court trial where the State called a DRE (Drug Recognition Expert) to prove his client’s guilt. It was a bad accident and the client blew a .00. The officer was sure the driver was under the influence of something. After blowing .00 the officer had the client sit down with the DRE. The DRE is named an expert on a very limited basis. The State’s attorney attempted to use the DRE as the only evidence of any impairment. The problem was that the officer never put together a DRE report. Mr. Kunka successfully argued that the DRE could not be called as a general expert witness but only in her limited capacity to interpret the DRE report. The Judge agreed and found Mr. Kunka’s client not guilty.
Additional Notes
District court trial in Howard County. Client blew .00 after accident, but officer suspected drug influence and used DRE. Defense successfully argued DRE could not testify as general expert without a DRE report. Judge found client not guilty.