Case Law / Case study Flashcards
California vs Loomis 1984
Officer not qualified to testify
Bad case law
Arizona vs Blake 1986
Blake is best
HGN satisfies the Frye Standard
Landmark decision
Stellato 1994
Impairment is any degree of impairment from slight to great
Not
A mark departure from the norm
Bonin 1989
Reasonable limit of a brief delay in providing Right to Council until sobriety tests are complete.
Three large scale field validation studies for SFST
Colorado 1995
Florida 1997
San Diego 1998
Arrest rate accuracy of Colorado SFST study
86% arrest / release rate
Arrest rate accuracy of Florida SFST study
95 %
HGN accuracy according to South California Research institute.
77% at / or above 100 mg%
WAT accuracy according to South California Research institute.
68 % accurate at/or above 100 mg%
OLS accuracy according to South California Research institute.
65% accurate at/or above 100mg%
FRYE Standard
Set the standard governing the admissibility of new scientific evidence.
Ft. Lauderdale BAC study
22% of traffic violators with BACs between 100 mg% & 200 mg % were arrested for impaired driving.
Two studies of DRE validation
- Laboratory validation study at Johns Hopkins university.
2. Field validation study in Los Angeles
DRE Lab study results
DRE officers correctly identified 95% if drug free subjects as unimpaired.
Identified drug category of91.7% of impaired subjects
DRE officers were less successful in classifying low dose
Mohan Standards
Supreme Court of Canada 1994
Traditional test for the admissibility of “new” scientific evidence
