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Herbert H. Leckie, Jd

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Herbert H. Leckie, Jd HERBERT H. LECKIE, JD 349 Mountain Road, Lebanon, NJ 08833 (908) 534-8300 [email protected] dwi-dreconsulting.com Skills Summary Over 33 years of experience in “Driving While Under the Influence” investigations. Expertise includes evaluation of both alcohol and drug-related DWI matters. Extensive experience in a number of breath test instruments including the Alcotest 7110 MK 111-C instrument. A former instructor in the Standardized Field Sobriety Tests (SFST’s) wherein there is the ability to evaluate the proper administration and scoring of the tests administered in DWI investigations. Evaluation of “Refusal” cases including procedural issues related to the Subjective Refusal charge. As a former Drug Recognition Expert Instructor and Course Manager, ability to evaluate cases in which an individual has been charged with operating a motor vehicle while under the influence of drugs (both illicit and prescription). Accepted as an expert witness in the United States Federal District Court, numerous Superior Courts as well as numerous municipal courts throughout the State of New Jersey. Also accepted as an expert witness in Supreme Court, New York County as well as New York County Criminal Court. Education Juris Doctorate, Seton Hall University School of Law (2000) • Student Bar Association President (1999-2000) Bachelor of Science, Rutgers University (1995) • Administration of Justice – with Honors Associate of Science, Middlesex County College (1982) • Criminal Justice Career Experience/Training DWI-DRE Consulting Services, Inc. (2018-Present) President Providing instruction, expert review, analysis and testimony in the following areas: Breathalyzer 900/900A, Alcotest 7110 MK III-C, Standardized Field Sobriety Test Procedures and Drug Recognition Expert Evaluation Case Review. DWI Consultants, Inc. (7/03 to 12/17). Vice President Providing instruction, expert review, analysis and testimony in the following areas: Breathalyzer 900/900A, Alcotest 7110 MK III-C, Standardized Field Sobriety Test Procedures Drug Evaluation Case Review. Received Training on the following breath test instrumentation: Breathalyzer 900/900A, Alcotest 7110 MK III-C, Intoximeter EC/IR, BAC Datamaster, Intoxilyzer 5000, Intoxilyzer 8000 and the Alcotest 9510. New Jersey State Police (1989-2003) Assigned to the Alcohol Drug Test Unit, Division Headquarters as a Breath Test Coordinator/ Instructor. Assignment responsibilities included: Alcotest 7110 MK III-C Project Coordinator; Inspection/repairs of Breathalyzers in an assigned geographical area; provided instruction to municipal, county and state police officers regarding the theory and the principle of breath testing; breath test operation, physiology of alcohol and psycho-physical evaluations. Certified as a Drug Recognition Expert, Drug Recognition Expert Instructor and Drug Recognition Expert Course Manager. Provided instruction to law enforcement officers throughout the State of New Jersey in the Drug Evaluation and Classification Curriculum including classroom instruction, field certifications and the proctoring of the Final Knowledge Examination. Conducted lectures to numerous civic groups, the academic community as well as alcohol treatment facilities. Accepted as an expert witness in numerous Superior Courts and Municipal Courts throughout the State of New Jersey. New Jersey State Police (1983-1989). Assigned to various road stations in Northern New Jersey including: Totowa, Flemington, Somerville, Tactical Patrol Unit (Somerville) and Perryville. As a general road Trooper, responded to numerous complaints, handled criminal investigations, motor vehicle accidents as well as exceptional participation in the Drinking and Driving Program. 2 New Jersey State Police (1982-1983). Attended the New Jersey State Police Academy in Sea Girt, NJ. Instruction in traffic and law enforcement. Sworn into the New Jersey State Police on March 4, 1983 Promoted to Sergeant on October 6, 2001 Retired on a Medical Disability from the NJSP effective July 1, 2003 Technical & Professional Training 08/17 Attended the 23rd Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (National Harbor, MD). Attendees to this course include DUI Enforcement Police Officers and Trainers, DRE’s, SFST Instructors, Prosecutors, Toxicologists, and Highway Safety Advocates. 8/16 Attended the 22nd Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Denver Colorado). 8/15 Attended the 21st Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Cincinnati, OH). 5/14 Washington Foundation for Criminal Justice – Operation of the Draeger 9510 Breath test instrument (Tacoma, WA). 10/12 Attended the Indiana University Center for Studies of Law in Action – Robert F. Borkenstein Course: The Effects Of Drugs On Human Performance And Behavior (Philadelphia, PA). 8/12 Attended the 18th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Seattle, WA) 7/11 Attended the 17th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Montreal, QB). 7/10 Attended the 16th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Pittsburgh, PA). 8/09 Attended the 15th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Little Rock, AR). 3 8/08 Attended the 14th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Indianapolis, IN). Course included: NHTSA/SFST/DRE updates as well as a training on the kinetics of cannabis. 4/08 Completed “Breath Alcohol Technical Instructor Proficiency” course by Alpha Pro Solutions (New York, NY). The course was in accordance with the United States Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs. This Instructor Proficiency Course was provided utilizing the Alcotest 7110 MK III-C. 7/07 Attended the 13th Annual IACP Training Conference on Drugs, Alcohol and Impaired Driving (Las Vegas, NV). NHTSA updates which provided the latest information on new roadside impaired driving studies and SFST assessments. Also studied “Sleep Deprivation and the effects on Driving and the SFST’s”. 4/07 Attended the 14th Annual “Mastering Scientific Evidence in DWI/DUI Cases Agenda” sponsored by the Texas Criminal Defense Lawyers Association (Dallas, TX). Topics included: Field Sobriety Tests: NHTSA Statistics, Medical Screening of DWI cases, Toxicology and Pharmokinetics of Intoxicating Substances, Breath Testing Studies, and Source Code Primer (Breath instrument computers and electronics). Hands on use of the Alcotest 7110 MK III-C, BAC Datamaster, Intoximeter EC/IR, Intoxilyzer 5000 and Intoxilyzer 8000 Infrared and/or Fuel Cell Breath Testing instruments. 6/06 Attended the 12th Annual IACP DRE Training Conference on Drugs, Alcohol and Impaired Driving (Kansas City, MO). Course studies included: NHTSA/SFST/DRE updates. 02/06 Attending training on the theory of operation and other functions of the Datamaster DMT Infrared Breath Alcohol Analysis. This instruction was provided by a representative of National Patent Analytical Systems, Inc., the manufacturer of the Datamaster DMT. As a result of this instruction, I am authorized to use and train others in the operation of the Datamaster DMT. 12/05 Completed a 2-day course of instruction entitled “Intoxilyzer 8000 Operator’s Course” (Tunica, MS). Course instruction included: Alcohol and the human body, scientific operating principles and theory, legal aspects, nomenclature, laboratory operation and evaluation of the Intoxilyzer Model 8000 instrument for evidential breath alcohol testing. This course also included a practical aspect which consisted of the administration of the SFST’s, estimation of BAC, and the administration of breath tests to participants in a controlled drinking exercise. “Hands on” use of the Intoxilyzer 8000 included evaluation of the instrument’s slope detector in detecting the presence of mouth alcohol and other interferents introduced during breath testing on both sober and intoxicated individuals. 4 12/05 Attended a presentation by Dale A. Carpenter, Ph.D., Technical Director of the Chemical Test for Intoxication Unit for the State of Alabama. This presentation was held at the Alabama Department of Forensic Sciences Laboratory Facility in Saginaw, Alabama. The presentation by Dr. Carpenter and his staff gave a complete tour of the facility, classroom and laboratory demonstration, instruction, discussion and a power point presentation regarding all facets of the Alabama Breath Testing Program pertaining to the administration and reliability of the Alcotest 7110 MK III-C instrument in the State of Alabama. Included in these discussions were comparisons to the present NJ 3.11 firmware and the configuration of the Alcotest 7110 MK III- C instrument in the State of New Jersey. Topics also included the scientific studies generated by the State of Alabama to establish the scientific reliability of the instrument under the firmware and procedures adopted by the State of Alabama and/or the Alabama Department of Forensic Sciences. Additionally, there was a demonstration of the inspection procedures of the State of Alabama which included but was not limited to, Breath Temperature Sensing Capabilities and Testing Procedures, Accuracy and Precision of the Alcotest 7110 MK III-C instrument, acceptable tolerances, breath volume, mouth alcohol, interferents, calibration of the instrument, calibration checks, linearity test procedures, AC voltage Range Checks, triggering of error messages
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