Recent Blog Posts

DRE Checklist, Step 8: Examination of Muscle Tone

Legal Assistant — Tue, 15 May 2012 16:25:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 8: Examination of Muscle Tone

The DRE will examine the subject's muscles by "working" them. The reason for this is because some drugs will cause the muscles to be very flaccid and rubbery such as depressants. CNS stimulants and hallucinogens cause a rigid, stiff, or tense feeling in the muscle.

If you or a loved one has been charged with a DUI with drugs, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks specializes in DUI cases. As a member of The National College for DUI Defense and with over 25 years of legal experience, he can help you.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 7: Dark Room Examinations

Legal Assistant — Mon, 14 May 2012 17:50:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 7: Dark Room Examinations

Using a pupillometer, which is a plastic card on which a number of circles and semi- circles appear, the DRE will take the subject in to a dark room to estimate the pupil size in room light and do the following:

The DRE will hold the pupillometer next to the subject's eye and locate the particular circle or semi-circle that is closest in size to the subject's pupil, and they will record the size of that circle or semi-circle;
He will first do the left eye and then the right eye;
Then he will turn off the lights in the room and wait about ninety seconds so that his eyes can adjust to the darkness;
He will use a penlight to introduce different levels of illumination into the subject's eyes, first starting with a low level of light, enough to see the pupils and obtain an estimate of their size;
He will then shine the light directly in to the subject's eyes and for each level of illumination, the DRE will hold the pupillometer up next to the eyes and take measurements;
He will hold the light for fifteen seconds and then observe how quickly the pupil reacts to the direct light.

The reason it's important for a DRE to check pupil size and pupil reaction to the light is because the eyes react differently to the different drug categories. For example, narcotic analgesics will cause the pupils to become very constricted whereas hallucinogens typically cause the pupils to dilate. Also checked will be the subject's nasal area and mouth to check for any signs of ingestion in the oral and nasal area.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 6: Examination of Vital Signs

Legal Assistant — Wed, 09 May 2012 15:30:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 6: Examination of Vital Signs

The DRE is required to make precise measurements of the subjects:

Pulse rate- The rate will be taken at three different times: once during the preliminary examination, a second time during the vital signs examination, and a final time during the injection site examination of the subject;

Blood pressure- The DRE will use a stethoscope and a sphygmomanometer;

Body temperature- The DRE will use an oral thermometer.

Examining the vital signs is important because this provides important clinical evidence of drug impairment. For example, depressants and the narcotic analgesics usually lower the pulse rate while hallucinogens, cannabis, and most inhalants usually cause the blood pressure to rise. CNS stimulants, PCP, and dissociative anesthetics usually elevate temperature, whereas narcotic analgesics cause the temperature to be lower than normal.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 5: Divided Attention Psychophysical Tests

Legal Assistant — Tue, 08 May 2012 16:31:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 5: Divided Attention Psychophysical Tests

The DRE will administer four-divided attention psychophysical tests to the subject:

Romberg Balance- The subject is asked to stand with their feet together, head tilted slightly, and eyes closed while estimating 30 seconds.
Walk and Turn- The subject is asked to walk heel-to-toe along a line for nine steps.
One Leg Stand- The subject is asked to raise their foot about six inches from the ground and asked to count aloud until asked to stop.
Finger to Nose- The subject is asked to slowly touch their nose with an extended index finger.

These tests are designed to require the subject to do two things at once. These tests are physical, mental, and psychological in nature. An impaired subject won't be able to perform these tests very well and this evidence can be used to convince the jury or judge that the subject was under the influence.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 4: Examination of the Eyes

Legal Assistant — Tue, 01 May 2012 15:30:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 4: Examination of the Eyes

The DRE will administer three different tests to check the subject's eyes:

Horizontal Gaze Nystagmus: the involuntary jerking of the eyes occurring as the eyes gaze to the side
Vertical Gaze Nystagmus: an involuntary jerking of the eyes (up and down), which occurs as the eyes are held at maximum elevation. The jerking should be distinct and sustained.
Lack of Convergence: the inability of a person's eyes to converge, or "cross" as the person attempts to focus on a stimulus as it is pushed slowly toward the bridge of his or her nose.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 3: Preliminary Examination

Legal Assistant — Mon, 30 Apr 2012 23:48:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 3: Preliminary Examination

This step begins with an extensive physical contact with the subject. The purpose of this contact is to look for any evidence of a medical compliance that would warrant terminating the evaluation and summoning medical assistance. The DRE will:

Ask for a series of questions;
Examine the eyes to determine if the pupils differ significantly in size;
Check for an estimation of the angle of onset of nystagmus.

This will allow the DRE to evaluate if the subject is under the influence of alcohol alone. The DRE will check the pulse and if necessary call for medical attention. This will terminate the evaluation, but otherwise the DRE will proceed with the evaluation.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 2: Interview the Arresting Officer

Legal Assistant — Thu, 26 Apr 2012 15:30:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail

Step 2: Interview of the Arresting Officer

If the DRE did not personally arrest you, then they will need to speak to the arresting officer before they begin their evaluation. Some of the questions the DRE will ask the officer are:

How was the subject's driving?
Was it fast or slow?
Was the car drifting or swerving?
Was a collision involved, and if so, did the subject suffer any apparent injuries?
What kind of attitude has the subject exhibited?
Has the subject responded to the officer's questions?
Has the subject exhibited any unusual behavior?
Has the subject admitted to drinking or using drugs?

This step is crucial if you are the one being pulled over. You should exercise your right to remain silent and politely refuse to answer any questions. Ask to speak to your attorney immediately and do not make any statements until he's present.

Source: A training manual for the Drug Evaluation and Classification Program

DRE Checklist, Step 1: Breath Alcohol Test

Legal Assistant — Wed, 25 Apr 2012 22:16:00 GMT

A Drug Recognition Expert (DRE) must follow a checklist that breaks down into twelve components. The next few blogs will examine each step in detail.

Step 1: Breath Alcohol Test

When the DRE is first summoned, the first question they will ask is:

"What were the results of the subject's breath alcohol test?"

This question is critical because the DRE has to determine whether alcohol alone accounts for the impairment they observe. If a test wasn't given, then the DRE will ask the officer to administer one. The DRE will be examining if the suspect is under the influence of more than a combination of alcohol and other drugs.

Source: A training manual for the Drug Evaluation and Classification Program

The DRE Checklist

Law Assistant — Wed, 18 Apr 2012 23:32:00 GMT

When dealing with a Drug Recognition Expert they must conduct an evaluation on you that is completely systematic and standardized. They will:

Evaluate your appearance
Assess your behavior
Measure and record your vital signs
Make precise observations of the automatic responses and reactions of your eyes
Administer designed psychophysical tests that will allow them to evaluate your judgment
Evaluate your information processing ability
Evaluate coordination and other characteristics

In essence this assessment breaks down in to twelve components. There is a DRE checklist that must be followed each time they conduct an evaluation. The reason this checklist is important to your case is because a DRE must perform the evaluation the same way every time. Mistakes are made when it's not performed right and more importantly for your defense, this could mean the court might not accept the DREs testimony. In our next twelve blogs, we will break down each step that a DRE is required to take.

If you or a loved one has been charged with a DUI with drugs, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks specializes in DUI cases and with over 25 years of legal experience, he can help you.

Source: A training manual for the Drug Evaluation and Classification Program

What is a DRE?

Legal Assistant — Mon, 16 Apr 2012 22:48:00 GMT

A DRE is better known as a Drug Recognition Expert. This individual is specifically trained to conduct drug evaluations of suspected drug impaired drivers. The Drug Evaluation and Classification (DEC) Program is a national effort to deter impaired driving by increasing the likelihood that people who drive under the influence of drugs will be detected, caught, convicted, and punished. These experts are expected to learn the following:

Define the word "drug," as DREs use the term, and name the seven categories of drugs.
Identify the twelve components, or steps, in the DEC drug influence examination to diagnose a drug-impaired subject.
Administer and interpret the psychophysical tests used by DREs during he drug influence evaluation.
Check and measure a subject's vital signs.
List the major signs and symptoms of impairment for each drug category.
Conduct the eye examinations that are part of drug influence evaluation.
Describe the history and physiology of alcohol as a drug.

Most DREs are police officers that can potentially pull you over if they believe you are under the influence. It is in your best interest if you exercise your right to remain silent and refuse to take any test offered by the officer.

If you or a loved one has been pulled over for being under the influence, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.

Source: A training manual for the Drug Evaluation and Classification Program.

What are the Different Types of Field Sobriety Tests?

Legal Assistant — Sat, 14 Apr 2012 15:35:00 GMT

When you're pulled over for an alleged DUI stop, an officer will usually perform field sobriety tests. These tests are physical agility exercises that are subjective in nature. Many people don't realize that these tests are optional but officers won't give up this information. You may refuse to take the Field Sobriety Test in their entirety. If you decide to take the tests they may include:

Nystagmus: The officer will place an object 12 inches away form the driver's face, and move the object from side to side while watching the subject's eyes. The officer is looking for trembling of the eyeball. This can signal to the officer that the subject is intoxicated.
Walk and turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off line, or lose balance while turning.
Standing on one leg: The accused is instructed to stand with heel together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.
Finger to nose: This test requires the suspect to place his or her feet together whole standing straight with eyes closed, and bring the index finger to he nose as ordered by the officer. The officer is looking for body sway, body tremors, eyelids tremors, muscle tension, and any statements made by the accused supporting intoxication.
Other field sobriety tests include finger tapping, hand clapping, counting backwards, or reciting the alphabet.

Unfortunately, for a variety of reasons many people are unable to preform the tests to the officer's satisfaction, which can lead to a DUI arrest. As a skilled attorney, who can handle field sobriety tests in court, Criminal Defense Attorney James N. Dicks who specializes in DUI cases can help you. Call our offices today for a free consultation.

Can Blood Samples for DUI's be Inaccurate?

Legal Assistant — Fri, 13 Apr 2012 17:09:00 GMT

If you are stopped for a DUI, you may be asked to provide a blood sample. Though blood samples are more accurate than breath testing, they are still subject to error and therefore vulnerable for attack. For example, blood contamination, switched blood samples, and fermented blood can lead to a botched blood reading can lead to a wrongful DUI charge. In California, certain conditions on law enforcement and medical personnel must be satisfied in order to ensure accuracy, and prevent contamination of the blood results. Those include:

Having a trained phlebotomist to draw the blood
Properly storing the blood sample
Making sure there is an accurate account for everyone who has access to the blood sample
Making sure there are adequate levels of anticoagulants and preservatives in the vial, to prevent contamination or clotting of the DUI blood sample

If any of these procedures aren't followed then DUI Criminal Defense Attorney James N. Dicks can prevail in submitting a suppression motion to have the evidence of blood sample excluded. He will take an aggressive approach to combat the BAC and help you secure an acquittal. It is imperative to contact an experienced attorney who can help you. Call our offices today for a free consultation.

Vehicular Manslaughter While Intoxicated

Legal Assistant — Wed, 11 Apr 2012 21:58:00 GMT

Driving while under the influence is never a good idea. It's unfortunate when a car crash involving alcohol results in the death of another person. If this has happened to you, then you may be charged with vehicular manslaughter. It is considered a crime of driving a vehicle negligently and directly causing someone's death. In California, there are 4 different types of vehicular manslaughter statuses:

PC 191.5: Vehicular manslaughter while intoxicated, with gross negligence. Penalty: Up to 1-year county jail, or 4, 6, or 10 years state prison. Note: With one or more priors of this or certain other vehicular felonies, 15 years to life in state prison ("Courtney's Law").

PC 192 (c)(1): Vehicular manslaughter with gross negligence, without intoxication. Penalty: Up to 1-year county jail, or 2,4, or 6 years state prison.

PC 192(c)(2): Vehicular manslaughter without gross negligence, without intoxication. Penalty: Up to 1-year county jail.

PC 192(c)(3): Vehicular manslaughter while intoxicated, without gross negligence. Penalty: Up to 1-year county jail, or 2,4, or 6 years state prison.

It is essential that you contact a DUI defense attorney immediately if you have been charged with vehicular manslaughter while intoxicated, Criminal Defense Attorney James N. Dicks specializes in DUI cases. With over 25 years of legal experience, he can help you.

MADD Campaign to Reduce DUI Accidents

Legal Secretary — Thu, 05 Apr 2012 16:05:00 GMT

Mothers Against Drunk Driving (MADD) is the nations largest nonprofit organization working to protect families from drunk driving and underage drinking. MADD's Campaign to Eliminate Drunk Driving has the goal to make American roads safer by:

Supporting the police officers that keep the road safe. When there is high visibility of law enforcement, many people are discouraged from driving drunk.
Supporting ignition interlock devices, or in-car breathalyzers, which will require all convicted drunk drivers to prove they are sober before the car will start.
Supporting the development of new technology that would stop drivers from operating a vehicle if drunk.

The success of MAAD has been measured in the lives saved. Drunk driving fatalities have declined 24 percent since 2006. One in three in this county will be involved in a drunk driving crash in their lifetime. If convicted of a DUI in the North County, a MAAD Victim Impact Panel is part of the sentence.

If you or a loved one has been accused of a DUI, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks specializes in DUI cases and with 25 years of legal experience he can help you.

Violating the County's Social Host Ordinance

Legal Assistant — Wed, 04 Apr 2012 20:42:00 GMT

With Spring Break approaching police stations in the North County area are preparing prevention efforts to discourage minors from consuming alcohol. Efforts include public awareness and outreach to communities about the social and legal consequences of hosting or allowing a party on your property where minors are drinking alcohol. As of March 2010, seven people in San Diego County have ben charged with violating the county's social host ordinance.

Anyone convicted guilty of this misdemeanor crime can be punished up to 6 months in jail, a $1,000 fine and community service. Ordinances and punishments vary by jurisdiction.

Have you or a loved one been charged unjustly with providing alcohol for a minor? If so, call our offices today for a free consultation. Criminal Defense Attorney James N. Dicks has over 25 years of legal experience and he can help you.