Drug Recognition Experts

May 4, 2023

The Maryland Criminal Defense Attorneys’ Association presents the 19th Annual Advanced DUI Defense Seminar

On May 5, 2023, the Maryland Criminal Defense Attorneys’ Association is holding its 19th Annual Advanced DUI Defense Seminar at the Doubletree Hotel in Linthicum, Maryland.

The seminar, organized and run by Leonard R. Stamm in conjunction with the MCDAA will feature presentations by experienced lawyers as well as an expert chemist. The schedule is shown below. If your lawyer attends this program, he or she is getting the most up to date training available for how to handle DUI cases.

MCDAA’S 19th Annual Advanced DUI Defense Seminar

February 21, 2023

Washington Post, February 19, 2023 – “Police gave out munchies, then watched people get high — for training”

by Goldstein & Stamm, P.A.

The Washington Post recently ran a story by reporter Dan Morse about testing volunteers high on weed to practice the tests they run when they suspect a driver is impaired by marijuana. The story quoted attorney Leonard R. Stamm.

Such drug impairment tests are regularly challenged in court across the country.

“There are real questions about the scientific validity of what they’re doing,” said Leonard R. Stamm, a longtime defense attorney and author of “Maryland DUI Law,” which devotes more than 30 pages to defending drugged driving cases.

January 20, 2018

National College for DUI Defense Holds Successful Winter Conference in Atlanta on Defending DUI Prescription Drug Cases

by Goldstein & Stamm, P.A.

The National College for DUI Defense held its Winter Session in Atlanta this past week. The program was titled “Prescription for Disaster” on the topic of defending DUI cases involving prescription drugs. The speakers included Tony Palacios and Ron Lloyd on “Learn What the Cops are Taught: Drugs That Impair Driving & ARIDE Overview for Lawyers;” Jay Tiftickjian on “What if it Becomes Legal in My State? Navigating Through the Haze of Prescription and Legalized Marijuana;” Dr. Fran Gengo on “An Expert’s Opinion: The 3 Most Important Things Lawyers Need to Know About Prescription Drug DUI Cases;” MIchael Nichols spoke on “Not Your Father’s DUI: Unusual Aspects of Defending DUI Drug Cases;” Erin Gerstenzang spoke about “Ethically Avoiding the Personal & Professional Disaster: Client Management Before, During and After Court;” Dr. James O’Donnell spoke about “How to Investigate and Prepare to Challenge the State’s Expert in a DUI Drug Case:” Dr. Randall Tackett spoke about “The Opioid Crisis in America;” William C. “Bubba” Head spoke about “Waking Up to Disaster: Defending the Ambien Case and other Sleep Driving Issues;” Doug Murphy covered “Challenging Drug Recognition Experts;” and Flem Whited spoke about “Dr. Whited’s Rx to Win a DUI Drug Case.”

On January 3, 2018, Leonard Stamm gave presentation to the Prince George’s County Public Defenders in Hyattsville on “Drug Recognition ‘Experts.'”

If you are charged with a state or federal traffic or criminal case, call 301-345-0122 for a free consultation.

September 24, 2016

NCDD and NACDL wrap up a successful conference in Las Vegas

by Goldstein & Stamm, P.A.

The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) just wrapped up their annual Las Vegas seminar. As usual, it was well attended and the presentations were very informative.

The conference featured presentations on Thursday, September 22, on cross-examination by Jim Nesci; accident reconstruction by Steven M. Schoor; succeeding without an expert by Tommy Kirk; and, the psychology of winning by Allen Fox, Ph.D. The conference continued on Friday, September 23 with presentations on case law update by Don Ramsell; NHTSA’s ARIDE program (Advanced Roadside Impaired Driving Enforcement) by Tony Palacios; preparing for direct and cross of experts by Virginia Landry; ethics by Jim Nesci and nine other regents; gas chromatography for jurors by Suzanne Perry, M.Sc.; closing arguments by Joe St. Louis and Tommy Kirk; field sobriety test facts and fallacies by Tony Palacios; and, prescription medication issues by Fran Gengo, Pharm. D., Ph. D. The conference concluded today with presentations on closing argument by Tommy Kirk; cross of the standardized field sobriety tests by John Hunsucker (for attorneys with 1-5 years experience) and by Don Ramsell (for attorneys with over 5 years experience); analyzing a DRE facesheet and narrative report by Steven Oberman and Tony Palacios; breath testing by Jim Nesci; defending the impaired marijuana case by George Bianchi; and, how to try your first DUI case by John Hunsucker.

May 12, 2012

Drug Recognition Expert (DRE) Program Suffers Another Blow

by Goldstein & Stamm, P.A.

The Star Tribune newspaper in Minneapolis has published allegations that as part of a program training police officers to become Drug Recognition Experts, officers gave Occupy Wall Street protesters marijuana. “Trooper put on leave as probe of drug-training tactics widens.” This has resulted in the suspension of the DRE program and investigation of a number of police officers. “Minnesota police giving Peavey Plaza Occupy-ers drugs as part of impairment study, report says [VIDEO].”
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April 4, 2012

Drug Recognition Expert (DRE) Protocol is Junk Science Says Carroll County Circuit Court

by Goldstein & Stamm, P.A.

On March 5, 2012, the Circuit Court for Carroll County, Maryland released its opinion in the case of State v. Brightful, et al., granting the defendants’ pre-trial motions to exclude the opinion of a drug recognition expert (DRE) in each of the consolidated cases. The case was litigated by defense attorneys Brian DeLeonardo and Alex Cruikshank. The court heard 10 days of expert testimony from both sides between September, 2010 and February, 2011. The State presented six expert witnesses: Dr. Karl Citek, Ms. Michelle Spirk, Mr. William Tower III, Officer William Morrison, Lt. Thomas Woodward and Dr. Zenon Zuk. The defendants called three experts: Dr. Francis Gengo, Dr. Neal Adams, and Dr. Jeffrey Janofsky. The court concluded that the DRE program is not generally accepted within the relevant scientific communities and that therefore would be excluded under the cases of Frye v. United States and the Maryland case of Reed v. State, as well as under Maryland Rule 702.

Specifically, the court said:

Findings of Fact

The DRE Protocol fails to produce an accurate and reliable determination of whether a suspect is impaired by drugs and. by what specific drug he is impaired. The DRE training police officers receive does not enable DREs to accurately observe the signs and symptoms of drug impairment, therefore, police officers are not able to reach accurate and reliable conclusions regarding what drug may be causing impairment.