volume 4, issue 1 traffic GEORGIA PROSECUTOR A Publication of the Prosecuting Attorneys’ Council of Georgia Traffic Safety Program our mission

The goal of PAC’s Traffic Safety Program is to effectively assist and be The ABCs of DREs a resource to our fellow prosecutors in Excerpts reprinted with permission from the International Association of Chiefs of Police (IACP) keeping our highways safe by helping to prevent deaths and accidents on the roads in Georgia. What is a Drug Recognition Expert? 2. Is the impairment due to an injury, illness or other medical complication, or is it drug- A drug recognition expert or drug recognition related? If the impairment is due to drugs… evaluator (DRE) is a police officer trained to contents recognize impairment in drivers under the 3. Which category or combination of cat- influence of drugs other than, or in addition egories of drugs is the most likely source of to, alcohol and in identifying the category or the impairment? categories of drugs causing the impairment. A DRE is an individual who has successfully DREs conduct their evaluations in a con- completed all phases of the Drug Evaluation trolled environment, typically at police pre- and Classification Program’s training require- cincts, intake centers, troop headquarters or ments for certification as established by the other locations where impaired drivers are International Association of Chiefs of Police transported after arrest. The drug evalua- Photo Courtesy: The International Drug Evaluation & Classification Program (www.decp.org) (IACP) and the National Highway Traffic tion is not normally done at roadside and is Safety Administration (NHTSA). typically a post-arrest procedure.

feature article > The Drug Evaluation & Classification Program: In some cases, the person evaluated will be a Drug impaired drivers kill and driver the DRE personally arrested. In many injure thousands of people each The Drug Evaluation and Classification (DEC) cases, however, the DRE will be called upon year throughout the United States. Program trains police officers and other public to conduct the evaluation after the driver Unfortunately, prosecuting drug- safety officials as drug recognition experts or was arrested by another officer. The DRE is impaired drivers is a challenging task for both the Drug Recognition Expert drug recognition evaluators (DREs) through a requested to assist in the investigation because (DRE) and the Prosecutor. Jurors, who three-phase training curriculum that includes of his special expertise and skills in identifying are very familiar with alcohol’s effects, the following: drug impairment. signs and symptoms, often know little, if anything, about other drugs. To • Drug Recognition Expert Pre-School (16 hrs.) The DRE drug evaluation takes approxi- successfully explain the evidence and • Drug Recognition Expert School (56 hrs.) mately one hour to complete. The DRE issues to the jurors in a DUI Drugs • Drug Recognition Expert Field Certification evaluates and assesses the person’s appear- case, prosecutors must understand basic drug toxicology. (Approximately 40 hrs.) ance and behavior. The DRE also carefully measures and records vital signs and makes The training relies heavily upon the Stan- precise observations of the person’s automat- additional features dardized Field Sobriety Tests (SFSTs), ic responses and reactions. The DRE also History of the Drug Evaluation and 3 which provide the foundation for the DEC administers carefully designed psychophysi- Classification Program Program. Once trained and certified, DREs cal tests to evaluate the person’s judgment, The National Traffic Law Center: 3 become highly effective officers skilled in the information processing ability, coordination A Resource for Prosecutors and Law detection and identification of persons and various other characteristics. The DRE Enforcement impaired or affected by alcohol and/or drugs. will systematically consider everything about Drug Category Symptomology Chart 4 the person that could indicate the influence Helping the Jury to Understand 5 The Drug Recognition Expert at Work: of drugs. Reckless Behavior

Blood Alcohol Concentration Limits 5 A Drug Recognition Expert conducts a de- A Drug Recognition Expert never reaches Worldwide tailed, diagnostic examination of persons ar- a conclusion based on any one element of Emerging Technology in Alcohol 6 rested or suspected of drug-impaired driving the evaluation, but instead on the totality of Measurement Devices or similar offenses. Based on the results of the facts that emerge. The DRE evaluation is stan- Click It or Ticket 7 drug evaluation, the DRE forms an expert dardized because it is conducted the same way, opinion on the following: by every Drug Recognition Expert, for every Congratulations to Georgia Law 7 Enforcement suspect whenever possible. Standardization is 1. Is the person impaired? If so, is the person important because it forces the officers to be Candlelight Vigil 2007 7 able to operate a vehicle safely? If the DRE better observers, helps to avoid errors, and Current Georgia DREs 7 concludes that the person is impaired… promotes professionalism. continued >

This newsletter is a publication of the Prosecuting Attorneys’ Council of Georgia. The “Georgia Traffic Prosecutor” encourages readers to share varying viewpoints on current topics of interest. The views expressed in this publication are those of the authors and not necessarily of the State of Georgia, PACOG or the Council staff. Please send comments, suggestions or articles to Fay McCormack at [email protected] or Patricia Hull at [email protected].

Georgia Traffic Prosecutor 1 The 12-Step 5. Divided Attention Psychophysical Tests was impaired and the category(s) of drugs Drug Recognition Expert Protocol: The DRE administers four psychophysical causing the impairment. tests: the Romberg Balance, the Walk and The International Association of Chiefs of Police DREs are trained to conduct a standardized Turn, the One Leg Stand, and the Finger to (IACP) is the coordinating agency for the DEC and systematic 12-step evaluation consisting Nose tests. The DRE can accurately determine Program. The International Association of of physical, mental and medical components. if a subject’s psychomotor and/or divided Chiefs of Police (IACP) coordinates the Program The DRE protocol is a compilation of tests attention skills are impaired by administering with support from the National Highway that physicians have used for decades to iden- these tests. Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation. For more tify and assess alcohol-and/or drug-induced information about the program, contact Carolyn impairment. The protocols consists of the fol- 6. Vital Signs and Second Pulse Cockroft, the IACP DEC program manager, at lowing 12 steps: The DRE takes the subject’s blood pressure, 703-836-6767, ext. 206. temperature and pulse. Some drug catego- 1. Breath Alcohol Test ries may elevate the vital signs. Others may The arresting officer reviews the subject’s lower them. Vital signs provide valuable The 7 Drug Categories breath alcohol concentration (BrAC) test re- evidence of the presence and influence of a sults and determines if the subject’s apparent variety of drugs. Physicians have long recognized that different types of drugs affect people differently. None- impairment is consistent with the subject’s theless, drugs may be categorized or classified BrAC. If so, the officer will not normally call a 7. Dark Room Examinations according to certain shared symptomatologies DRE. If the impairment is not explained by the The DRE estimates the subject’s pupil sizes or effects. The DRE categorization process is BrAC, the officer requests a DRE evaluation. under three different lighting conditions with premised on these long-standing, medically accepted facts. DREs are trained to identify signs a measuring device called a pupilometer. The and symptoms of impairment in the following 2. Interview of the Arresting Officer device will assist the DRE in determining seven drug categories: Central Nervous System The DRE begins the investigation by review- whether the subject’s pupils are dilated, (CNS) Depressants, CNS Stimulants, Halluci- ing the BrAC test results and discussing the constricted, or normal. Some drugs increase nogens, Phencyclidine (PCP) and its analogs, Narcotic Analgesics, Inhalants, and Cannabis. circumstances of the arrest with the arrest- pupil size (dilate), while others may decrease Drugs from each of these categories can affect ing officer. The DRE asks about the subject’s (constrict) pupil size. The DRE also checks a person’s central nervous system and impair a behavior, appearance, and driving. The DRE for the eyes’ reaction to light. Certain drugs person’s normal faculties, including a person’s also asks if the subject made any statements may slow the eyes’ reaction to light. Finally, ability to safely operate a motor vehicle. regarding drug use and if the arresting the DRE examines the subject’s nasal and oral officer(s) found any other relevant evidence cavities for signs of drug ingestion. (1) Central Nervous System (CNS) Depressants consistent with drug use. 8. Examination for Muscle Tone CNS Depressants slow down the operations of the brain and the body. Examples of CNS 3. Preliminary Examination and First Pulse The DRE examines the subject’s skeletal Depressants include alcohol, barbiturates, anti- The DRE conducts a preliminary examina- muscle tone. Certain categories of drugs may anxiety tranquilizers (e.g., Valium, Librium, tion, in large part, to ascertain whether the cause the muscles to become rigid. Other Xanax, Prozac, and Thorazine), GHB (Gamma subject may be suffering from an injury or categories may cause the muscles to become Hydroxybutyrate), Rohypnol and many other anti-depressants (e.g., as Zoloft, Paxil). other condition unrelated to drugs. Accord- very loose and flaccid. ingly, the DRE asks the subject a series of (2) CNS Stimulants standard questions relating to the subject’s 9. Check for Injection Sites and Third Pulse health and recent ingestion of food, alcohol The DRE examines the subject for injection CNS Stimulants accelerate the heart rate and elevate the blood pressure and “speed-up” and drugs, including prescribed medications. sites, which may indicate recent use of certain or over-stimulate the body. Examples of CNS The DRE observes the subject’s attitude, types of drugs. The DRE also takes the sub- Stimulants include Cocaine, “Crack”, Amphet- coordination, speech, breath and face. The ject’s pulse for the third and final time. amines and Methamphetamine (“Crank”). DRE also determines if the subject’s pupils (3) Hallucinogens are of equal size and if the subject’s eyes can 10. Subject’s Statements and Other Observations follow a moving stimulus and track equally. The DRE typically readsMiranda , if not done Hallucinogens cause the user to perceive things differently than they actually are. Ex- The DRE also looks for Horizontal Gaze so previously, and asks the subject a series of amples include LSD, Peyote, Psilocybin and Nystagmus (HGN) and takes the subject’s questions regarding the subject’s drug use. MDMA (Ecstasy). pulse for the first of three times. The DRE takes each subject’s pulse three times to ac- 11. Analysis and Opinions of the Evaluator (4) Dissociative Anesthetics count for nervousness, check for consistency Based on the totality of the evaluation, This category includes drugs that inhibit pain by and determine if the subject is getting worse the DRE forms an opinion as to whether cutting off or dissociating the brain’s perception or better. If the DRE believes that the sub- or not the subject is impaired. If the DRE of the pain. PCP and it’s analogs are examples of Dissociative Anesthetics. ject may be suffering from a significant medi- determines that the subject is impaired, the cal condition, the DRE will seek medical DRE will indicate what category or categories (5) Narcotic Analgesics assistance immediately. If the DRE believes of drugs may have contributed to the subject’s A narcotic analgesic relieves pain, induces that the subject’s condition is drug-related, impairment. The DRE bases these conclusions euphoria and creates mood changes in the user. the evaluation continues. on his training and experience and the DRE Examples of narcotic analgesics include Opium, Drug Symptomatology Matrix. While DREs Codeine, Heroin, Demerol, Darvon, Morphine, Methadone, Vicodin and OxyContin. 4. Eye Examination use the drug matrix, they also rely heavily on The DRE examines the subject for HGN, Ver- their general training and experience. (6) Inhalants tical Gaze Nystagmus (VGN) and for a lack Inhalants include a wide variety of breathable of ocular convergence. A subject lacks conver- 12. Toxicological Examination substances that produce mind-altering results gence if his eyes are unable to converge toward After completing the evaluation, the DRE and effects. Examples of inhalants include Tolu- the bridge of his nose when a stimulus is moved normally requests a urine, blood and/or ene, plastic cement, paint, gasoline, paint thin- inward. Depressants, inhalants, and dissocia- saliva sample from the subject for a toxicology ners, hair sprays and various anesthetic gases. tive anesthetics, the so-called “DID drugs,” lab analysis. (7) Cannabis may cause HGN. In addition, the DID drugs may cause VGN when taken in higher doses Once the 12-step protocol is completed, the Cannabis is the scientific name for marijuana. The active ingredient in cannabis is delta-9 tetra- for that individual. The DID drugs, as well as DRE submits a detailed report documenting hydrocannabinol, or THC. This category includes cannabis (marijuana), may also cause a lack the evaluation, the evidence obtained and his/ cannabinoids and synthetics like Dronabinol. of convergence. her opinion as to whether or not the suspect

2 Georgia Traffic Prosecutor History of the The National Traffic Law Center: Drug Evaluation A Resource for Prosecutors and and Classification Law Enforcement Program Excerpts reprinted with permission from Between the Lines, Volume 10, Number 3, 2001 Reprinted with permission from In June 1991, in an effort to reduce traffic injuries and fatalities on our nation’s roads, the United the International Association of Chiefs States Department of Transportation convened Traffic Safety Summit II. At the summit, of Police (IACP) prosecutors, judges, defense attorneys, law enforcement officials, highway safety experts and drug and alcohol abuse specialists from across the country generated 188 recommendations on The Los Angeles Police Department (LAPD) all aspects of the prosecution and adjudication of traffic offenses. One of the top priorities was developed the Drug Evaluation and Clas- the creation of an information clearinghouse. sification Program in the early 1970s. Back then LAPD officers noticed that many of the In response, in August 1992, the National Highway Traffic Safety Administration (NHTSA) individuals arrested for driving under the began funding the National Traffic Law Center (NTLC), under a cooperative agreement influence (DUI) had very low or zero alco- with the American Prosecutor Research Institute (APRI) in Alexandria, Virginia. The staff hol concentrations. The officers reasonably at NTLC includes experienced former prosecutors who provide a wide range of services to suspected that the arrestees were under the prosecutors and law enforcement officers. influence of drugs, but lacked the knowledge and skills to support their suspicions. In Clearinghouse response, two LAPD sergeants collaborated The National Traffic Law Center is a clearinghouse for resources, such as case law, model legis- with various medical doctors, research psy- lation, research studies, training materials, trial documents and a professional reference direc- chologists, and other medical professionals to tory. The information covers a wide range of topics, including: Breathalyzers; Crash Recon- develop a simple, standardized procedure for struction; Horizontal Gaze Nystagmus; Standardized Field Sobriety Tests; and toxicology. recognizing drug influence and impairment. Their efforts culminated in the development Research of a multi-step protocol and the first DRE The NTLC provides legal research on topics of particular importance to prosecutors and law program. The LAPD formally recognized the enforcement. The Center routinely receives calls from around the country, sometimes under program in 1979. the pressure of time (Prosecutor calling: “I’m in trial, on lunch break, and due back in court in 25 minutes. Can you help me with this issue that just came up?”). The NTLC is committed to The LAPD DRE program attracted NHTSA’s providing as much assistance as possible in the allotted time frame. attention in the early 1980s. The two agencies collaborated to develop a standardized DRE Technical Assistance protocol, which led to the development of NTLC staff assists prosecutors in all areas of trial preparation, including methods to counter the DEC Program. During the ensuing years, specific defenses. One common request is for information regarding expert witnesses, whether NHTSA and various other agencies and needed by the prosecutor or being offered by the defense. As an example, a prosecutor in research groups examined the DEC program. Kansas recently contacted NTLC seeking information on out-of-state defense witnesses (one Their studies demonstrated that a properly from Florida, the other from Wisconsin) who would be testifying about the Intoxilyzer 5000 trained DRE can successfully identify drug and crash reconstruction. The NTLC provided the caller with copies of prior transcripts, impairment and accurately determine the cat- publications, and background information on these individuals gathered from other prosecutors egory of drugs causing such impairment. and law enforcement agencies who had previously dealt with them. In an attempt to serve callers, the NTLC routinely performs internet and LEXIS seraches and contacts prosecutors In 1987, NHTSA initiated DEC pilot pro- who are familiar with particular expert witnesses, forwarding the results of such research along grams in Arizona, Colorado, New York and the requester. Virginia. The states of Utah, California, and Indiana were added in 1988. Beginning in Training 1989, IACP and NHTSA expanded the NTLC works closely with NHTSA to develop and deliver prosecutor training programs. DEC Program across the country. Currently, Current courses include Prosecution of Driving While Under the Influence; Prosecuting the Drugged 45 states, the District of Columbia, three Driver; Lethal Weapon: DUI Homicide; and, most recently, Protecting Lives, Saving Futures. Each branches of the military, the Internal Revenue course incorporates substantive legal presentations by faculty, along with skill-building sessions Service (IRS), and several countries around where students participate in a mock trial. Participants are critiqued and videotaped to assist in the world participate in the DEC Program. improving their trial skills. These courses are held annually at the National District Attorneys Association’s National Advocacy Center, on the campus of the University of South Carolina at In 1992 the governing board of the Interna- Columbia. They are also available for local jurisdictions to present on their own at minimal cost. tional Association of Chiefs of Police approved the creation of the Drug Recognition Section. Speaker The legal staff of NTLC is available to make presentations on specific subjects in conjunction with local, state, and national conferences and seminars, with expenses paid by the host organization.

Publications Finally, the Center produces a variety of publications and written materials, from single-page quarterly newsletters to state law summary charts (e.g., PBT Laws; Admissibility of Chemical Test Refusals) to comprehensive manuals, including Prior Convictions in DUI Prosecutions, which is in excess of 1,000 pages and updated annually. The NTLC website, www.ndaa-apri. org, includes some of these materials.

For additional information about these services and publications, contact the National Traffic Law Center, 99 Canal Center Plaza, Suite 510, Alexandria, Virginia, 22314, (phone) 703-549-4253, (fax) 703-836-3195, or e-mail at [email protected]. Photo Courtesy: The International Drug Evaluation & Classification Program (www.decp.org)

Georgia Traffic Prosecutor 3

Drug Category Symptomology Chart GEORGIA POLICE ACADEMY – DRUG CATEGORY SYMPTOMOLOGY CHART Major Dissociative Narcotic CNS Depressants CNS Stimulants Hallucinogens Inhalants Cannabis Indicators Anesthetics Analgesic HGN Present None None Present None Present None Vertical Present Present None None Present None None Nystagmus (high doses) (high doses) Lack of Present None None Present None Present Present Convergence Pupil Size Normal (1) Dilated Dilated Normal Constricted Normal (4) Dilated (6) Reaction to Little or none Slow Slow Normal (3) Normal Slow Normal Light visible Pulse Rate Down (2) Up Up Up Down Up Up

Blood Pressure Down Up Up Up Down Up/Down (5) Up Body Up/Down Normal Up Up Up Down Normal Temperature Normal Normal to Muscle Tone Flaccid Rigid Rigid Rigid Normal Normal Flaccid Uncoordinated Restlessness Dazed Perspiring Droopy eyelids – Residue of Marked Disoriented Body tremors appearance Warm to the (Ptosis) substance reddening of Sluggish Excited Body tremors touch “On the nod” around nose and conjunctiva Thick, Slurred Euphoric Synesthesia Blank stare Drowsiness mouth. Odor of speech Talkative Hallucinations Very early angle Depressed Odor of marijuana Drunk-like Exaggerated Paranoia of HGN onset reflexes substance Marijuana Behavior reflexes Uncoordinated Difficulty in Low, raspy, slow Possible nausea debris in Drowsiness Anxiety Nausea speech speech Slurred speech mouth Droopy Eyes Grinding teeth Disoriented Incomplete Dry mouth Disorientation Body tremors Fumbling (bruxism) Difficulty in verbal responses Facial itching Confusion Eyelid tremors Gait Ataxia Redness to nasal speech Repetitive Euphoria Bloodshot, Relaxed area Perspiring speech Fresh puncture watery eyes inhibitions *Note Runny nose Poor perception Increased pain marks Lack of muscle Increased Methaqualone Loss of appetite of time & threshold Nausea control appetite General Pulse elevated Insomnia distance Cyclic behavior Track marks Flushed face Impaired Indicators & Body tremors Increased alertness Memory loss Confused Non- perception of Dry mouth Disorientation Agitated *Note Tolerant communicative time & ETOH & Irritability Flashbacks Hallucinations users exhibit Intense distance Quaaludes elevate Possibly violent relatively little headaches Disorientation pulse *Note: LSD and combative psychomotor Possible piloerection may Chemical odor impairment **Note: paranoia Soma & Quaaludes be observed “moon walking” Anesthetic Rebound dilate pupils (goose bumps, Hippus- A gases cause Dilation – A hair standing on rhythmic below normal period of end) pulsating of the blood pressure; constriction pupils as they Volatile followed by dilate and Solvents and dilation with a constrict within aerosols cause change equal fixed limits above normal to or greater blood pressure than 2 mm.

Barbiturates: Cocaine: Duration varies Onset: Heroin: 6-8 hours for 2-3 hours 1-16 hours 5-90 minutes widely from one 1-5 minutes 4-6 hours most volatile exhibits hallucinogen to solvents effects Tranquilizers: Amphetamines: another Peak effects: Methadone: Duration of 4-8 hours 4-8 hours 15-30 minutes Up to 24 hours Anesthetic (Impairment Effects gases and may last up to Methaqualone: Methamphetamine: Exhibits effects Others: vary aerosols very 24 hours 4-8 hours 12 hours up to 4-6 hours short duration without awareness of effect) Oral Insufflation Oral Smoked Injected Insufflated Smoked Usual Injected (snorting) Insufflation Oral Oral (historically Oral methods of occasionally Smoked Smoked Insufflation Smoked have been taken Administration Injected Injected Injected Insufflated orally) Oral Transdermal Eye drops Shallow breathing Agitation Long intense trip Long intense trip Slow shallow Coma Fatigue Cold, clammy skin Increased body breathing Paranoia Overdose Signs Pupils dilated temperature Clammy skin Rapid weak pulse Hallucinations Coma Coma Convulsions Convulsions Footnote: These indicators are the most consistent with the category. Keep in Normal ranges mind that there may be variations due to individual reaction, dose taken and Pulse: 60-90 beats per minute drug interactions. 1. Soma, Quaaludes usually dilate pupils Pupil size: 2.5 – 5.0 (Room Light); 5.0 – 8.5 (Near Total 2. Quaaludes & ETOH may elevate Darkness); 2.0 – 4.5 (Direct Light) 3. Certain psychedelic amphetamines cause slowing 4. Normal but may be dilated Blood pressure: 120-140 Systolic; 70-90 Diastolic 5. Down with anesthetic gases, but up with volatile solvents and aerosols Body temperature: 98.6 +/- 1.0 degree 6. Pupil size possibly normal

Revised 04/07Revised: 04/07

4 Georgia Traffic Prosecutor Helping the Jury to Understand Reckless Behavior By John Kwasnoski, Professor Emeritus of Forensic Physics, Western New England College, reprinted with permission from For the Record, Volume 2, Issue 3, July 2005

Prosecutors and police have all seen the fatal warning of a “hidden driveway.” The driveway will hear in the charging instructions. This DWI crash in which the defendant’s vehicle design is evaluated with regard to established tactic of connecting the meaning of reckless to barreled out of control at a speed greatly in highway design guidelines published in either the safety considerations governing safe road excess of the posted limit, went out of control, a state highway design manual or in a nation- design might resonate with jurors and give struck a tree or utility pole, and may have even ally-recognized manual like the “green book” them a basis for reaching a decision. torn the vehicle in two. There is little doubt (1). The professional highway design engineer about the speed, but as the case is prepared for can explain to a jury the consequences of peo- (1) “A Policy on Geometric Design of trial the prosecution is troubled by the jury’s ple exiting a driveway onto a roadway when Highways and Streets,” 1990, AASHTO potential inability to find the defendant’s available sight distance does not allow them (American Association of State Highway behavior to be reckless. So let’s take a look to see approaching traffic, because the traffic Transportation Officials). at what reckless operation of a motor vehicle is traveling at too great a speed. The engineer really is from the perspective of the person can explain the reality of “an accident waiting who designs the roads to be safe. to happen” when drivers operate at speeds well in excess of the posted limit at particular blood alcohol Webster’s definition of reckless includes such locations along the roadway on which the de- concentration language as “not regarding consequences” and fendant operator traveled. “irresponsible,” but making it clear to the limits worldwide jury might include relating the defendant’s In one case in which the author worked a site behavior to the driver behavior for which map of the roadway it showed over thirty the roadway itself was designed to be safe. potentially dangerous situations created by the Blood alcohol concentration (BAC) Why was the speed limit of the road posted defendant operator’s excessive speed, including represents the amount of ethanol as it was - what safety and human factors inability to see around turns in the roadway, in a given amount of blood, and is considerations led to the decision to post the over the crests of rolling hills, approaching noted as “weight by volume.” The legal speed limit at 35 mph? This could involve pedestrian crosswalks, and approaching traffic table below lists the legislated the town engineer or highway engineer, or an control signs and intersections. Clearly, the maximum levels for a number of outside roadway design expert to explain to design guidelines showed that at the speed the countries given in milligrams of the jury the design considerations involved defendant was operating the situations were with the determination of a safe speed limit not safe for other drivers operating prudently. ethanol per milliliter of blood (mg/ for any road. If the road is posted with a speed In fact, based on the defendant’s speed being ml). (Last updated February 2007) limit of 35 mph it should be understandable so far in excess of the safe design speed for that operating at a speed of 65 mph on that the road, the jury could clearly see that it was road might create situations that are not safe, almost a certainty that the defendant driver STANDARD COUNTRY BAC (in mg/ml) and that might endanger other people using would eventually cause a crash. Albania 0.1 the road. Algeria 0.1 A site map could be used to show potentially Argentina 0.5 For example, in the design of a new condo- dangerous situations where the defendant’s Armenia 0 minium complex the planners had to look at speed created a potential for disaster. The local Australia 0.5 how much sight distance would be afforded engineer could tell the jury why each situation Austria 0.5 to people in the complex who wanted to exit was so dangerous based on the guidelines Azerbaijan 0 the driveway and enter the roadway safely. A used to design the road and determine what Belarus 0.5 sight assessment was conducted, and then a the speed limit should be. The jury should Belgium 0.5 Bolivia 0.7 determination was made of the safe operating be able to see why they themselves would be Bosnia and Herzegovina 0.5 speed consistent with that sight distance. Per- in danger if they had been on that road at Botswana 0.8 haps changes were made to the road environ- the time the defendant’s crash occurred. If Brazil 0.6 ment to provide the needed sight distance. If it looks, walks, and sounds like recklessness Bulgaria 0.5 there were insufficient sight distances it may be sure the jury can connect the defendant’s Cambodia 0.5 have been necessary to post signs on the road reckless actions with the legal definition they Canada 0.8 Columbia 0 Costa Rica 0.49 China 0.3 Croatia (Republic of) 0 Czech Republic 0 Denmark 0.5 Ecuador 0.7 El Salvador 0.5 Estonia 0.2 Ethiopia 0 Finland 0.5 France 0.5 Georgia 0.3 Germany 0.5 Greece 0.5 Guatemala 0.8 Honduras 0.7

continued > Photo Courtesy: National Highway Traffic Safety Administration (www.nhtsa.gov)

Georgia Traffic Prosecutor 5 Emerging Technology in Alcohol Hungary 0 Iceland 0.5 Measurement Devices India 0.3 Reprinted with permission from Jim McNally, Ph.D., President and CEO, TruTouch Technologies, Inc. Ireland 0.8 Israel 0.5 Technology is always Italy 0.5 advancing and TruTouch Japan 0.3 1100 is just one more Kenya 0.8 example of the progres- Kyrgyzstan 0.5 sion of alcohol testing Latvia 0.49 devices. Although we Lithuania 0.4 Luxembourg 0.8 never know exactly how Macedonia 0.5 a new machine may be Malaysia 0.8 utilized in DUI prose- Malta 0.8 cution or defense in each Mauritius 0.5 State, it is important for prosecutors and law the absorbance spectrum of each molecular Mexico 0.8 enforcement officers to know what machines species is unique, which allows the spectrum Moldova 0.3 exist and how they operate. of alcohol to be discriminated from those Mongolia 0.2 of other molecules, such as water, that are Nepal 0 How It Works commonly present in the body. In addition, The Netherlands 0.5 The TruTouch 1100 employs near infrared Beer’s Law states that the magnitude of the New Zealand 0.8 spectroscopy to measure alcohol and verify absorbance signal for a given substance (e.g. Nicaragua 0.8 identity. The measurement involves transmit- alcohol) is proportional to its concentration. Norway 0.2 ting light into the skin via contact with an Consequently, NIR spectroscopy provides Panama 0 optical fiber sensor. The reflected light is ana- noninvasive tissue measurements that are Paraguay 0.8 Peru 0.5 lyzed to determine the alcohol concentration both sensitive and selective for alcohol. Philippines 0.5 and to verify the subject’s identity. Poland 0.2 Biometric Identity Verification Portugal 0.5 TruTouch has conducted numerous human The skin is primarily comprised of the epider- Romania 0 alcohol dosing studies including ones spon- mis, dermis, and subcutaneous layers. Each Russian Federation 0.2-0.5 sored by the National Institutes of Heath that layer has different characteristics that influ- Singapore 0.8 confirmed measurement accuracy comparable ence its relative contribution to the TruTouch Slovak Republic 0 to today’s breath technology. spectroscopic measurement. For example, Slovenia 0.5 the subcutaneous layer is largely comprised South Africa 0.5 Noninvasive Technology As Compared To of lipids (fats) while the dermal layer is com- South Korea, Rep of 0.52 Other Testing Methods posed primarily of water and collagen. The Spain 0.5 Presently there are many technologies used TruTouch measurement inherently contains Sweden 0.2 for alcohol testing, and all of them require: contributions from each layer, which provides Switzerland 0.5 Thailand 0.5 a sample of a bodily fluid, the use of a dis- insight into both the chemical composition Turkey 0.5 and structure of the tissue. Because all people posable, and close supervision. Most testing Turkmenistan 0.3 have different tissue properties (dermal hydra- methods are cumbersome, require test subject Uganda 0.8 cooperation, and are not capable of produc- tion, collagen density, and layer thicknesses), United Kingdom 0.8 ing simple, minimally supervised screening the TruTouch measurement captures these United States 0.8 with fast turnaround of test results. None can inter-personal differences and uses them as Uruguay 0.8 provide identity verification as an integral part the basis for its unique biometric identity Venezuela 0.5 of the test. These limitations have hampered verification feature. Zimbabwe 0.8

widespread alcohol testing from penetrating For additional information regarding TruTouch many opportunities outside of law enforce- 1100, please visit TruTouch Technologies at -Courtesy: International Center ment. The result is that the markets are un- (www.TruTouchTechnologies.com) for Alcohol Policies derserved. There is no lengthy observation period (as with breath devices due to “mouth alcohol” concerns) or waiting for results (as with blood and urine tests).

Noninvasive Technology The TruTouch technology is a 100% - non invasive, touch-based alcohol measurement that offers significant improvements in safety and ease-of-use relative to existing measure- ment approaches. The noninvasive technol- ogy employs near-infrared (NIR) absorption spectroscopy to measure the concentration of alcohol by introducing NIR light into the skin and collecting the light that returns to the tissue surface (often referred to as diffuse reflectance).

Alcohol Sensitivity and Selectivity

An advantage of NIR spectroscopy is that the T. Ridder, S. Hendee, and C. Brown, “Noninvasive Alcohol Testing Using Diffuse Reflectance Near-infrared Spectroscopy”, APPLIED structure of a molecule dictates the specific SPECTROSCOPY, v 59, no 2, pp. 181-188 (2005). Confidential and Proprietary Information. Any reproduction, disclosure manner in which it absorbs NIR light. Thus, or use is prohibited. ©2006 TruTouch Technologies, Inc.

6 Georgia Traffic Prosecutor Click It or Ticket more to come Law enforcement agencies across the State of Georgia are This issue of the Georgia Traffic participating in an aggressive national “Click It or Ticket” Prosecutor has explored the mobilization. The mobilization will be conducted May 21 role of the Drug Recognition through June 3 to identify seat belt law violators in an effort to Expert (DRE) and serves as in reduce fatalities and serious injuries on Georgia roadways. introduction to the DRE Program. Congratulations In the publications to follow, each to Georgia Law will feature articles regarding the Enforcement! seven of the drug categories. On March 23, 2007, a Georgia Chapter of Mothers Against Drunk Driving honored 2007 Candlelight Vigil police officers from across the state of Geor- gia for their dedication to the reduction of Each year hundreds of people gather to impaired driving deaths and injuries. remember loved ones who have been killed or injured in a drunk driving crash. Mothers Against Drunk Driving (MADD) Georgia invites you to attend a special candlelight vigil in honor of those victims on Saturday, April 28, 2007 in Macon, Georgia. For more information regarding this special event, please contact Cynthia Hagain at cchagain@maddga. org or (404) 223-3331.

Please visit www.maddga.org for further details and to R.S.V.P.

MADD Georgia State Office 100 Edgewood Avenue, Suite 810 Atlanta, GA 30303-3070

Current Georgia DREs

Thomas Patrick Adams Gwinnett Co. PD Corey Goble Baldwin Co SO Chad Nichols Rabun Co SO Robert Adair Cobb PD Patrick Gray Cobb Co PD Chris Niehus Richmond Co SO Patrick Alexander Houston Co SO Tommy Grier Fulton Co PD Stephen Nolan Cobb Co PD Sean Alexander Houston Co SO Paul Guhl Albany PD Jeffrey Owen Henry Co PD Brenan Baird Athens-Clarke Co PD James Harper Henry Co PD Tony Palacios Georgia Police Academy Courtney Beal Forsyth Co SO Jason Harper Alpharetta PD Ken Parker Baldwin Co SO Mario Benito Marietta PD James Harrell Bibb Co SO Mark Perry GSP Dan Blythe Henry Co PD John Head Fulton Co PD Eric Phillips Perry PD Anthony Bobbitt Sumter Co SO Rob Heagerty Forsyth Co SO Gregg Phillips Forsyth PD Joseph Boggus Dawson Co SO Blake Hitchcock Carrollton PD Jason Poole Cobb Co PD Michael Bowen Dalton PD Tre Howard GSP, Post 44 Forsyth Chris Quattrochi Milledgeville PD Matt Boyd Powder Springs PD Stephen Hutchins Duluth PD Chris Ralston Lawrenceville PD Shannon Brock St. Mary’s PD Glen Ishoy Cobb Co PD William Reid Bibb Co SO Shaun Browder GSP, Post 46 Conyers Daniel Jett Griffin PD Tommy Ross Winder PD Stanley Bryant Roswell PD Eric Johnson Dawson Co SO Tracy Rucker DeKalb Co PD Michael Burns Warner Robins PD Damon Jones Union City PD Scott Santille Rockdale Co SO Mark Cabe GSP, Post 33 Milledgeville Buford Jones Cobb Co PD Tim Scott Athens-Clarke Co PD Casey Caswell Waycross PD Levon Kitchens GSP, Atlanta Steve Shelton GSP, Thomson John Clayton Marietta PD Pete Lamb Richmond Co SO Jeff Shoemaker Hall Co SO Scott Cole Paulding Co SO Daniel Lambert Alpharetta PD Slate Simons Houston Co SO Bryan Conley Gwinnett Co PD David Lankford Whitfield Co SO Anthony Snow Putnam Co SO George Cotton GSP, Lagrange David Lapides Sandy Springs PD Scotty Spriggs Forsyth Co SO Chad Cowart College Park PD Kris Lawler Gwinnett Co PD Bruce Stanford Georgia Police Academy Brian Cuendet GSP, Post 46 Conyers Jonathan Long Lawrenceville PD Ed Starling GSP, Post 46 Conyers James Dahlquist Cobb Co PD Bill Loring Forsyth Co SO Justin Tabor GSP, Perry Jeffrey Daniel Marietta PD Mark Lyles Tift Co SO Kyle Tanner GSP, Atlanta Bodie Dickerson Lawrenceville PD A.J. Lyons Columbia Co SO Richard Thompson Forsyth Co SO James Dixon Henry Co PD David Martin Douglas Co SO Matthew Turner Camden Co SO Danny Doyle Fulton Co PD Kevin McBurnett Emerson PD Jim Van Alstine Acworth PD Brian Dunn Henry Co PD Harry McCann Conyers PD Lee Wade Carrollton PD Jarrod Eason Leslie PD Ted McCarthy Thomasville PD Griggs Wall Gainesville PD Thomas Elledge Cobb Co PD Matthew McClung Monroe PD Lee Weaver GSP, Post 20 Dublin Michael Ellison Paulding Co SO Ken McClure Cobb PD Robert Wex Georgia State University PD Eddie Emory Paulding Co SO Kevin McNeese GSP, Post 30 Cordele Donald Williams Sumter Co SO Charles ‘Randy’ Evans Warner Robins PD Rick Meehan Morrow PD Justin Wilson Alpharetta PD Garrett Fiveash GSP, Post 46 Conyers Forrest Miller DeKalb Co PD Brad Wolfe Bibb Co SO Jonathan Fuss Georgia Police Academy Larry Mooney Butts Co SO Mark Wynne GSP, Post 1 Griffin Todd Gillespie East Ellijay PD Ryan Morgan Lawrenceville PD David Gilliam Dougherty Co PD W.D. Nesbit Smyrna PD

Georgia Traffic Prosecutor 7 traffic GEORGIA

PROSECUTORProsecuting Attorneys’ Council of Georgia Traffic Safety Program 104 Marietta Street, NW Suite 400 Atlanta, Georgia 30303

traffic safety program staff

fact:

Drunk driving is the nation’s most frequently committed violent crime,

killing someone every 31 minutes. Because drunk driving is so prevalent, about three in every ten Americans will be involved in an alcohol-related crash at some time in their lives. In 2003, an estimated 17,013 people died in alcohol- related traffic crashes in the USA. These deaths constituted 40 percent of the nation’s 42,643 total traffic fatalities. Fay McCormack Patricia Hull Traffic Safety Coordinator Traffic Safety Prosecutor -Statistics courtesy MADD 404-969-4001 (Atlanta) 478-751-6645 (Macon) [email protected] [email protected]

The Georgia“ Traffic Prosecutor” addresses a variety of matters affecting prosecution of traffic-related cases and is available to prosecutors and others involved in traffic safety. Upcoming issues will provide information on a variety of matters, such as ideas for presenting a DUI/Vehicular Homicide case, new strategies being used by the DUI defense bar, case law alerts and other traffic-related matters. If you have suggestions or comments, please contact Editors Fay McCormack or Patricia Hull at PAC.

8 Georgia Traffic Prosecutor