Legal Opinion
State v. Aman
Court of Appeals of Oregon
Decided August 4, 2004No. D0004073T and D0004074T A117601 (Control), A117602PublishedCited by 17 opinions
1Opinion of the CourtBrewer, J.
Defendant appeals his conviction for misdemeanor driving under the influence of controlled substances (DUIICS). ORS 813.010. His appeal presents the question whether the results of an incompletely administered 12-step Drug Recognition Expert (DRE) protocol are admissible as scientific evidence to prove that a defendant was under the influence of a controlled substance. We hold that they are not, and we reverse and remand.
The relevant facts are not in dispute. At about 12:00 a.m. on April 11, 2000, a motorist, Mary Starr, observed defendant’s car parked under a street light and pointed against…
2Cases cited6 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- State v. DavisOregon Supreme Court · 2003
- State v. BrownOregon Supreme Court · 1984
- State v. O'KeyOregon Supreme Court · 1995
- State v. SampsonCourt of Appeals of Oregon · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. AlemanNew Mexico Court of Appeals · 2008
- State v. RamboCourt of Appeals of Oregon · 2012
- State v. BayerCourt of Appeals of Oregon · 2009
- State v. JohnsonCourt of Appeals of Oregon · 2009
- State v. BevanCourt of Appeals of Oregon · 2010
12 more not listed; retrieve them via the Exa API.