TDCAA Community
Dope and DWI, Intox Assault/ manslaughter

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/9933076526

July 24, 2002, 12:06
Stephen Tyler
Dope and DWI, Intox Assault/ manslaughter
Besides driving facts and any FST administered by the arresting officer, how do other prosecutors show pharmacological effect. If you use an expert, are they state or private and who. Thanks for the help.
July 24, 2002, 19:17
WDiepraam
In addition to the information you listed and the experts listed below, you might be able to enter into evidence for demonstrative purposes a video of nystagmus. There are several floating around. Make a motion with the judge to have the officer perform HGN on the defendant in front of the jury or pre-trial and video the "eye lineup." Use a DRE protocol chart at trial to accentuate the symptoms. Find their expert and give him/her a call and see what is going to be offered.

Your local technical supervisor from DPS (or any other agency) or toxicologist (from the ME's office that you use) should be able to help you. Not only should they be trained in this field, they will also be up to date on the newest research. You can try some of the same folks from Bexar, Nueces, or Harris Counties as they are probably the closest large agencies to you. If that fails, you may want to call Mack Cowan at DPS in Austin. Lastly, if you want to spend money at trial, try Dr. M. Dennis at Texas A&M. He is a great witness who has done a lot of research on impaired driving.

[This message was edited by WDiepraam on 07-24-02 at .]