The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence.
The Supreme Court on November 18 remanded State v Olenowski to a Special Master (Judge Lisa who did
Drug recognition evaluators /alleged expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923. NJSBA member John Menzel argued the matter before the court, urging the court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III.
The Supreme court focused on the question of why a special master should not be appointed to review whether DIEs meet the standards for admissibility, noting competing studies and scholarly writings on the issue, the credibility of which the court cannot evaluate without further hearings.
The case arises from Olenowski’s convictions for driving while intoxicated, which occurred on two separate occasions in the same year. He drew a reading of .04 percent blood alcohol content the first time and a zero percent reading the second, but was visibly impaired, according to the officers who arrested him and the DREs who evaluated him. The trial court upheld the convictions, holding that DRE evidence was “generally acceptable and reliable in the scientific community.” The decision was upheld by the Appellate Division in an unpublished opinion.
In its brief, the NJSBA argued that neither the DIE technique nor the DRE opinion are generally accepted in the scientific community or sufficiently reliable to indicate that Olenowski was driving under the influence. “The NJSBA asks this court to declare the DIE technique and DRE opinion derived therefrom inadmissible for any purpose unless its proponent, the state, lays appropriate foundation,” the NJSBA wrote. “Such a ruling would provide guidance to trial courts and avoid the errors committed in the present case.”
Drug recognition evaluators /alleged expert (DRE) opinions based on drug influence evaluations (DIEs
November 25th Clara Barton Branch Edison Library WILLS & ESTATE ADMINISTRATION seminar at 6:00 PM Monday
141 Hoover Avenue Edison, NJ 08837
Dec 3 Young Lawyers Holiday Brew Ho-Ho Fox & Hound Pub and Grille 250 Menlo Park Drive Edison, New Jersey 08837 6:00 PM until 8:00 PM NJSBA and MCBA [Ken V was founder in 1988 as a Young Layer]
December 11, 2019 Recent NJ Municipal Court Cases- the Foundation of the Municipal Court Attorney’s Arsenal plus four prosecutors and the Author of the NJSBA’s new book on DWI and Drug Defense discuss the new DWI law effective December 1
-an NJICLE webinar-
Location: Online or NJ Law Center One Constitution Square
New Brunswick, NJ 08901 [next to Rutgers Cook campus]
Kenneth A. Vercammen, Esq.
Past Chair, NJSBA Municipal Court Practice Section
Past NJSBA Municipal Court Practitioner of the Year
Francis M. Womack, III, Esq.
Municipal Court Prosecutor Edison, Piscataway, Sayreville, South Amboy Woodbridge, North Brunswick Mayor
David R. Spevack, Esq.
Municipal Court Prosecutor Edison, Woodbridge, Carteret
John E. Kawczynski, Esq.
Municipal Court Prosecutor Metuchen & Piscataway
Chirag Mehta, Esq.
Prosecutor Irvington and Morris Plains and Municipal Court Alternate Prosecutor Edison, New Brunswick, Rockaway Township, and Perth Amboy.
There were over twenty New Jersey decisions in 2019 alone that should be at your fingertips when you enter a Municipal Court in New Jersey?
These cases deal with major issues confronting municipal court law practitioners in this state. Without a complete understanding of what these cases involve, you could be at a serious disadvantage when you bring your next municipal court matter to court. Don’t miss this opportunity to benefit from the expertise and experience of four of the state’s leading municipal court law practitioners as they analyze this year’s leading municipal court law cases.
One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · [email protected] https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=31995522
3. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V is running 60 charity races in 2019
11/23/18 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event A free beverage after the race.
11/24 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
12/1/19 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank Elks [Ken V runs 5k]
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