Legal Opinion
State v. Aleman
New Mexico Court of Appeals
Decided June 30, 2008No. 25,224, 25,225PublishedCited by 20 opinions
1Opinion of the Court
OPINION
ROBINSON, Judge.
{1} In this opinion, we deal with a DUI prosecution in which Defendants ingested drugs rather than alcohol. We address the admissibility of the expert opinion testimony of a Drug Recognition Evaluator (DRE) regarding a 12-Step Protocol (Protocol), which is a process designed to enable law enforcement to identify (1) whether a subject’s ability to operate a vehicle is impaired and (2) which category of drugs has affected a subject. We determine that the Protocol is not scientific in its entirety, but that the State laid an adequate foundation to introduce the individual,…
2Cases cited17 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- State v. AlbericoNew Mexico Supreme Court · 1993
- State v. AlbericoNew Mexico Supreme Court · 1993
- State v. TorresNew Mexico Supreme Court · 1999
- State v. AndersonNew Mexico Supreme Court · 1994
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. DalyNebraska Supreme Court · 2009
- State v. ARMENDARIZ-NUNEZNew Mexico Court of Appeals · 2012
- Trujillo v. Rio Arriba County ex rel. Rio Arriba County Sheriff's DepartmentDistrict Court, D. New Mexico · 2016
- State v. Armendariz-NunezNew Mexico Court of Appeals · 2012
- State v. ChitwoodCourt of Appeals of Wisconsin · 2016
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