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Home , Breathalyzer

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 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 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 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 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 .

4/08 Completed “Breath Alcohol Technical Instructor Proficiency” course by Alpha Pro (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 and/or 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 in the Alcotest 7110 MK III-C instrument. Also included was “hands on” use of the Alcotest 7110 MK III-C instrument, inspection, identification and an explanation of the physical nomenclature of the interior of an opened Alcotest 7110 MK III-C instrument.

10/05 Completed the course entitled “Technical Observation Process (TOPS). Training included a personal presentation of the course curriculum and satisfactory completion of a written examination in order to assist as a trained instructor in the presentation of this program to members of the Food and Beverage Industry and related personnel. The TOPS training program was developed by Intoxikon International under the direction of an alcohol research scientist, educator and biological psychologist with the goal of increasing awareness about the drug alcohol and to increase one’s expertise in detecting changes in human behavior.

8/05 Attended the 11th Annual IACP DRE Training Conference on Drugs, Alcohol and Impaired Driving (Arlington, VA). Course studies included: NHTSA/SFST DRE Updates which consisted of the latest most up-to-date information regarding the Standardized Program (SFST), Drug Evaluation and Classification Program (DRE).

7/05 Completed the “Workplace Alcohol Testing Breath Alcohol Technician Evidential Breath Testing Instructor Course” as per the United States Department of Transportation Procedures for Transportation Workplace Drug and Alcohol Testing Programs effective August 1, 2001 under 49 CFR Part 40 of the Federal Register. This course was taught by a certified BAT instructor from Alpha Pro Solutions (St. Petersburg, FL). This course was held at JFK International Airport Medical Office (Jamaica, NY). This certification as a Certified Breath Alcohol Technical Instructor, permits me to train and certify individuals in safety-sensitive positions as Breath Alcohol Technicians under the United States Department of Transportation Regulations.

5 6/05 Successfully completed a 2-day program “Training for Intervention Procedures (TIPS)” Instructor training program sponsored by Health Communications Inc. (Arlington, VA). This course was held in Medford Massachusetts. The TIPS Course of instruction is a nationally recognized program designed to assist servers of alcoholic beverages in taking a leading role on the effort to prevent intoxication by recognizing behavioral clues and intoxication rate factors. The completion of this course includes certification as a TIPS Certified Trainer in all nine programs (Commercial Programs for On-Premise, Off Premise; Concessions, Social Functions, Casinos, Consumer Programs for Universities, Parents, Workplace and Senior Citizens).

6/05 Attended a 16-hour workshop titled “Maintenance and Repair on the Intoxilyzer 5000 Series Infrared Instrument” provided by C.E.S. Consulting (Daytona Beach, FL). Course instruction included: Instruction in the theory of infrared breath test instrumentation, basic elements of infrared evidential breath test machines, the “systems” of the Intoxilyzer including a hands-on break down and re-assembly of the Intoxilyzer 5000 instrument.

5/05 Attended the 32-hour “National Highway Traffic Safety Administration (NHTSA) DWI Detection and Standardized Field Sobriety Testing Instructor Development Training Program” sponsored by LaPier & Associates. While acting as one of three primary instructors in this course, it provided a refresher Instructor Course Status in the current September 2004 NHTSA DWI- SFST Course Curriculum (Las Vegas, NV).

4/05 Attended an Intoxilyzer 8000 Training Course (Jackson, MS). Seminar instruction included the general scientific principles behind Infrared instrumentation with a focus on the operating procedures for the Intoxilyzer 8000 and the Intoxilyzer 5000 instruments. This course also included hands-on operation of both instruments which included conducting and assisting with various experiments involving mouth alcohol interference as well as RFI detection.

2/05 Attended the Institute of Continuing Legal Education (ICLE) Seminar “DWI In The 21st Century: New Breath Test, New Statutes, New Rules” at the New Jersey Law Center (New Brunswick, NJ). The seminar focused on the current NJ operating and inspection procedures for the Draeger Alcotest 7110 MK III-C. Topics included: Acceptable tolerances of the instrument, linearity and calibration procedures, simulator change procedures, temperature probe certification, and the instrument’s current operating capabilities utilizing the NJ3.11 firmware.

6/04 Attended the 10th Annual Training Conference on Drugs, Alcohol and Impaired Driving (Phoenix, AZ).

5/04 Attended the Supervisory Level training course held at the factory location of National Patent Analytical Systems, Inc. (Mansfield, OH). Instruction in the theory of operation on the infrared instrument known as the Datamaster/CDM. This instruction included but was not limited to updated instruction in the application of , the optical path, breath path and

6 plumbing, calibration factors and sampling requirements to include the breath and simulator. Also included were the calibration procedures, voltage adjustments, and troubleshooting of the instrument. Additionally, this course provided a hands-on training session which included repairing the instrument as well as completely dismantling and rebuilding of the Infrared Datamaster/CDM instrument. Demonstration was given to the newly developed Datamaster/DMT infrared instrument and tour of the production facilities.

4/04 Attended the Institute of Continuing Legal Education (ICLE) Seminar titled “DWI Defense Advocacy Training” at the New Jersey Law Center (New Brunswick, NJ). Topics included various issues encountered in Breathalyzer cases and DWI penalties for offenses as of January 20, 2004.

1/04 Attended the Institute of Continuing Legal Education (ICLE) seminar (Cherry Hill, NJ). Topics included: DWI Case law update, new challenges to the Breathalyzer and blood tests, changes and ramifications of the current and recently enacted drinking and driving laws and an update on the Alcotest 7110 MK III-C instrumentation and litigation issues.

11/03 Successfully completed the three-day 24-hour National Highway Traffic Safety Administration (NHTSA) and International Association of Chiefs of Police (IACP) DWI Detection Standardized Field Sobriety Testing Program sponsored by LaPier & Associates (Baltimore, MD). This course provided the most current and updated information regarding the proper administration, scoring and reliability of the SFST tests. Attendance at this course involved participation as a student and also as an instructor in the “Concepts and Principles of the Standardized Field Sobriety Tests” as per the current January 2002 manual and training.

6/03 Attended the 4-hour “Supervisory Level” course of instruction in the operation and use of the Infrared instrument known as the BAC Datamaster (Edison, NJ).

1/03 Attended the Alcotest 7110 MK III-C training session provided by Hansueli Ryser, Managing Director at Draeger Safety, Inc. Training was held at New Jersey State Police Division Headquarters (West Trenton, NJ).

4/02 Attended the New Jersey Association of Forensic Scientists Spring Seminar “Alcotest 7110 MK III-C – A New Wave in Breath Alcohol Analysis” (Atlantic City, NJ).

11/01 Attended the Alcotest 7110 MK III-C Recertification course to maintain Operator’s Status.

6/01 Certified as a Drug Recognition Expert Course Manager by the International Association of Chiefs of Police and the National Highway Traffic Safety Administration (Long Beach, CA).

6/01 Attended the 7th Annual Drugs, Alcohol and Impaired Driving Seminar (Long Beach, CA). 7 5/01 Attended a Breathalyzer Recertification Course to maintain Operator’s Status.

11/99 Attended a Breathalyzer Recertification Course to maintain Operator’s Status.

8/99 Received Certification as an operator of the ALcotest 7110 MK III-C instrument.

2/98 Successfully completed the Draeger Alcotest MK III-C Supervisor Training Course (Ewing, NJ).

1/98 Certified as a Drug Recognition Expert (DRE) Instructor by the International Association of Chiefs of Police and the National Highway Traffic Safety Administration.

11/97 Attended a Breathalyzer Recertification course to maintain Operator’s Status.

7/97 Certified as a Drug Recognition Expert (DRE) by the International Association of Chiefs of Police and the National Highway Traffic Safety Administration.

10/96 Completed the National Highway Traffic Safety Administration Drug Recognition Expert Pre- School at the Passaic County Police Academy (Wayne, NJ).

11/95 Attended a Breathalyzer Recertification course to maintain Operator’s Status.

7/95 Attended the 19th Annual /DWI Conference sponsored by The Traffic Institute at Northwestern University (Chicago, IL).

8/93 Attended a Breathalyzer Recertification course to maintain Operator’s Status.

1/92 Completed a 232-hour internship with the Office of The State Medical Examiner (Newark NJ). Training was received in the overall operation of the Office including autopsy procedures, the analysis of various body fluids and specimens for alcohol and drug content to assist in determining the manner and cause of death, with a concentration in the use of gas chromatography.

3/91 Attended a Breathalyzer Recertification course to maintain Operator’s Status.

5/89 Attended the 40-hour National Draeger Inc., Breathalyzer Model 900/900A Maintenance School (Pittsburgh, PA).

8 5/89 Attended the 44-hour Supervision of Breath Testing and Expert Testimony course at Indiana University (Bloomington, IN).

4/89 Attended the 40-hour New Jersey State Police Instructor Training course at the New Jersey State Police Academy (Sea Girt, NJ).

4/89 Attended a Breathalyzer Recertification Course to maintain Operator’s Status.

10/87 Attended the New Jersey State Police Instructor Training for Horizontal Gaze Nystagmus and Improved Sobriety Testing Procedures course at the New Jersey State Police Academy (Sea Girt, NJ).

7/85 Attended a Breathalyzer Recertification course to maintain Operator’s status.

2/85 Attended the 40-hour New Jersey State Police Driving While Intoxicated course.

7/84 Attended the 5-day New Jersey State Police Breathalyzer Operator’s course at the Middlesex County Police Academy (Edison, NJ).

6/83 Attended the New Jersey State Police Radar Operator’s Training and Certification Course (Totowa, NJ).

Speaker/Lecturer

Numerous seminars, panel discussions and CLE courses with a variety of topics including but not limited to: DWI Arrest Procedures, Standardized Field Sobriety Testing, Breathalyzer Model 900/900A, Draeger Alcotest 7110 MK III-C, Portable Breath Test Devices, The Drug Evaluation Expert Evaluation Protocol. The following lectures/Seminars were attended by Municipal Court and Superior Court Judges; Prosecutors, Law Enforcement Officers, Defense Counsel, and members of the academic community.

Legal Guest Lecturer  Hunterdon/Warren County Bar Association  Middlesex County Bar Association  Morris County Bar Association  Sussex County Bar Association

9 Academic Guest Lecturer  Middlesex County College  Sussex County College  Warren County Community College  Centenary University  Montclair State University  Rutgers University  Seton Hall University  Seton Hall University School of Law

1/08 Guest speaker at the Morris County Bar Association Municipal Court Practice Committee Seminar titled “DWI 2008: Understanding The Alcotest” held at The Morris County Court House (Morristown, NJ). Lecture and discussion included procedural issues and discovery materials pertinent to the use and operation of the Alcotest 7110 MK III-C instrument. Attendees included current and former prosecutors, defense attorneys as well as at least one Municipal Court Judge.

10/06 Guest speaker at the North Hudson Lawyers Club meeting (West New Yok, NJ). Provided information, instruction and demonstration to members of the legal community regarding the proper administration, calibration and use of the Alcotest 7110 MK III-C instrument.

10/05 Assistant Instructor at the “Technical Observation Process (TOPS) student course curriculum held at the Charles Town Races and Casino Facility (Charles Town, WV). Course instruction in a classroom setting included Cognitive or Mental Impairment and Psychomotor Impairment. Provided guidance to members of the class in observing live subjects during and after consumption of alcohol beverages (in a controlled setting) in order to identify symptoms of intoxication which include: clinical symptoms of intoxication, decreased inhibitions, cognitive or mental impairment and psychomotor impairment.

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