Falsely Accused of Drugged Driving by a Drug Recognition Expert

[falseaccusationvictim]

My question involves criminal law for the state of: New Jersey

Not too long ago, I was driving my car and made an illegal turn. A police officer subsequently pulled me over. Surprisingly, he showed little concern for my traffic violation and directly accused me of being under the influence of marijuana. I was shocked because I had never used illegal drugs in my life. The officer said my eyes were watery to base his accusation. I'm sure that he profiled me because I'm a young guy and have a college sticker on my bumper.

He then had me get out of the car and subjected me to a few silly tests. First he had me stick my tongue out and he said it was green from cannabis (I looked in the mirror and it wasn't). After that he waved his finger in front of my face at a rapid speed in multiple directions, and then had me close my eyes. He said that I had nystagmus, and eye twitching. I desperately tried to claim my innocence but he didn't want to hear it. I should also point out that this idiot said he was a "drug recognition expert". Eventually he let me off with just the traffic ticket since he saw I had no criminal record.

I have an ocular condition so I always have watery eyes; I'm quite prone to eye strain too. I'm terrified that this scenario could play out again one day, and I'll be falsely arrested.

[flyingron]

Green tongue is of dubious legal merit. It might be enough for some probable cause but it's far from sufficient evidence to prove drug use. Nystagmus is not evidence of marijuana use under any circumstances. Sounds like he wasn't really testing for nystagmus either (you can't test for it with RAPID movements). It sounds like he was busting your balls with a bunch of mumbo jumbo. Since you were not charged, the most you can do is file a complaint about this to his department. Rest assured it takes more than this kind of nonsense to actually convict someone of DUI.

[aaron]

It sounds like he was trying to trick you into confessing to smoking marijuana before driving, but that the traffic stop and ultimate citation were proper and supported by the facts.

The police are allowed to try to trick you.

[falseaccusationvictim]

It sounds like he was trying to trick you into confessing to smoking marijuana before driving, but that the traffic stop and ultimate citation were proper and supported by the facts.

The police are allowed to try to trick you.

I agree that I was guilty of the moving violation. I paid the fine without contesting it. And it was clear that he was trying to trick me into confessing. Would it ever be a good idea to refuse a drug recognition expert exam? Even though I'm innocent, I'm convinced that those tests are unreliable. I would be completely willing to take a chemical drug test instead.

What if I wear sunglasses and refuse to take them off so that the officer can't examine my eyes.

[Who'sThatGuy]

What if I wear sunglasses and refuse to take them off so that the officer can't examine my eyes.

Your giving the police officer more fuel for his fire.

Let them arrest you and give you a chemical test. If it gets that far.

[cdwjava]

You can certainly refuse a DRE exam as you can any form of field sobriety test. However, absent a test to allay suspicions, the officer may rely instead on his initial observations and make an arrest if he can articulate the probable cause for an arrest.

If he only looked at your tongue and did the HGN, then it was a very incomplete DRE exam and his observations quickly cleared you in his mind.

As a note, the single most valuable and accurate test is the HGN/VGN. If I were limited to only one test in the DRE protocol, that is the one I would use. And, yes, the tests are highly reliable - especially when taken together (as a battery). Individually their reliability is lower, but still quite high. Taken together, the reliability is very high.

[Who'sThatGuy]

http://www.newjersey-legal-guide.com...iety-Test.html

[falseaccusationvictim]

You can certainly refuse a DRE exam as you can any form of field sobriety test. However, absent a test to allay suspicions, the officer may rely instead on his initial observations and make an arrest if he can articulate the probable cause for an arrest.

If he only looked at your tongue and did the HGN, then it was a very incomplete DRE exam and his observations quickly cleared you in his mind.

As a note, the single most valuable and accurate test is the HGN/VGN. If I were limited to only one test in the DRE protocol, that is the one I would use. And, yes, the tests are highly reliable - especially when taken together (as a battery). Individually their reliability is lower, but still quite high. Taken together, the reliability is very high.

The officer did not check me for HGN or VGN. What he did was wave his finger all over the place as if he were conducting an orchestra. I guess there would be no need to worry if he made up his own silly test rather than following protocol.

[flyingron]

As a note, the single most valuable and accurate test is the HGN/VGN. If I were limited to only one test in the DRE protocol, that is the one I would use. And, yes, the tests are highly reliable - especially when taken together (as a battery). Individually their reliability is lower, but still quite high. Taken together, the reliability is very high.

Reliably high for what? THC actually inhibits nystagmus. Better tests would be pupil response, etc...

Now it might indicate alcohol consumption or perhaps some other drug intoxication.

[cdwjava]

Reliably high for what? THC actually inhibits nystagmus. Better tests would be pupil response, etc...

Now it might indicate alcohol consumption or perhaps some other drug intoxication.

I did not say it would be the best test for cannabis, but it is the single most effective test because the responses are involuntary and reliable, and there are few common medical conditions that will cause a false reading. It can also help to determine whether or not a person is suffering from a medical issue.