Has anyone dealt with a DWI where K2 was the only intoxicant? How do you deal with Layton v. State? Who can testify to the effects of k2?

Have blood with no alcohol, and a note that DPS is not currently testing for synthetic cannibinoids in blood.

Officer is not a DRE.

The actual k2 substance was sent to DPS and is currently being tested.

Admissions that defendant feels the effects of k2 after one hit and admits to smoking much more than that.

Is that sufficient to establish that intoxication is caused by k2?

Maybe. We send our blood (where K2 is suspected) to Southwest Institute of Forensic Sciences (SWIFS) in Dallas.

The fact that your arresting officer wasn't a DRE doesn't prevent a DRE from being able to testify. They can certainly testify as to their knowledge of K2, if any, and how it effects those who take it. The most relevant quote from Layton is

quote:

There was no testimony indicating that Officer Allen had any medical knowledge regarding the uses of Xanax and Valium, or about the effect of combining the medications with alcohol.

So, with that in mind, *establish* your officers medical knowledge. Probably more easily done with a DRE, but ask around your probation department, they may have received training or have direct knowledge of the effects of K2.

Once the K2 is back, you could have a forensic toxicologist testify to the effects of that substance on the human body. Your chemist *might* be able to, as well.

As to whether or not it's sufficient- I have charged a couple of cases for DWI with K2. They have both pled without a trial. I think it's entirely sufficient to establish that they do not have the normal use of mental or physical faculties.