MA OUI Drugs Charge Dismissed

Police stop erratic driver at 7:30 a.m. in busy weekday commuter traffic. Driver denies alcohol consumption but admits that he took several of his regular medications as prescribed, including painkillers and anti-anxiety drugs. Driver has difficulty with several filed sobriety tests and is arrested charged with Operating Under the Influence of Drugs. At the station the driver agrees to participate in a Drug Recognition Evaluation (DRE) and he answers several questions regarding his use of prescribed narcotic drugs. Defense argues that entire DRE interview and evaluation process occurred without the defendant receiving, acknowledging or waiving his right to remain silent under Miranda. Motion granted and all statements are suppressed as evidence. Defense further excludes Drug Recognition Evaluation opinion testimony as government cannot overcome challenge to scientific validity of Drug Recognition Evaluation protocol and training process. OUI Drug Charge dismissed.

29 years of Proven Results.

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