Drug Recognition Expert Case Law: DRE used as toxicologist

In this reckless driving causing death case, although the appeal itself is not particularly noteworthy, a DRE was permitted to testify as an expert regarding general drug use. As the Court states in its opinion:

 

"Texas Department of Public Safety trooper John Hamilton testified he is certified as a drug recognition expert. He stated he reviewed appellant's medical records in this case and they "indicate stimulant use." According to Hamilton, the introduction of methamphetamine into a person's body, even if it "does not rise to the level of intoxication," can affect their ability to safely operate a motor vehicle. Further, he stated the same is true for several of appellant's prescribed medications. Additionally, Hamilton stated that the use of a depressant, stimulant, or narcotic prior to operating a motor vehicle could be reckless, even if it does not rise to the level of intoxication."

 

I find it incredible that a police officer can have unfettered access to a person's medical records, and I find it even more incredible that a DRE can make this sort of broad, generic claim. DREs are not toxicologists; they are cops with a little extra training. 

 

The court was not asked to rule upon the issue of the DRE's testimony in this case, which I believe could have been excluded through a motion in limine. 

 

Cason v. State

Tex: Court of Appeals, 5th Dist., 2017
… Texas Department of Public Safety trooper John Hamilton testified he is certified as
a drug recognition expert. He stated he reviewed appellant's medical records in this
case and they "indicate stimulant use." According to Hamilton …