A recent New York State DWAI drug case conviction for manslaughter was overturned by the Appellate Court. It is now being set for a new trial without mind you the blood evidence of drugs.
In People v. Myron Green, http://decisions.courts.state.ny.us/ad3/Decisions/2016/107343.pdf
Green admitted to taking twice his normal dose of the prescription drug Clonazepam following an accident with fatalities. Clonazepam is a Benzo, used for those with anxiety. Green admitted it made him sleepy. Roadside DWI tests revealed impairment, and a preliminary (roadside) breath test showed 0.00 BAC.
So the police knew from the get go that this was a "drug" related DWAI case, and not a DWI (alcohol) case. They called in one of their DREs (drug recognition evaluator) to do a DRE (drug recognition exam). Green stated "I want to talk to my lawyer." The police ignored him.
KEY Take away: I always demand an attorney ASAP.
DREs (drug recognition evaluations) Are Allowed In New York
It is a chain of events in criminal defense, in other words, one thing leads to another.
The DRE was used to show probable cause of a drug based New York DWAI drugs charge.
This DRE was then used to obtain the search warrant to get a sample of Green's blood.
The DRE results were used as the probable cause basis to support the search warrant.
Without the DRE then the warrant to take Green's blood was null and void.
All the other DWAI evidence obtained AFTER Green said "I want to talk to my lawyer" and then used to prosecute Green is now dismissed.
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BY NEWMAN & CYR
Copyright 2016. Educational Use Only.
If you are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes of a charge --including the potential loss of your freedom.
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