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This post will be the first of many posts concerning Driving While Stoned because there are so many issues related to the topic. First, I want to thank my law school friend and colleague, G. Troy Pickett, for posting this article on Facebook so that I could share it with all of you. One of the main reasons I find this to be a good topic for discussion is that I just became certified to perform the Standardized Field Sobriety Tests (SFSTs) just like any other law enforcement officer. However, the SFSTs are not valid and reliable when it comes to detecting intoxication caused by marijuana. The offense charged will be Driving While Intoxicated and the statute includes the loss of normal mental and/or physical faculties due to the introduction of a drug such as marijuana. Law enforcement trained to detect whether a person is under the influence of a drug and therefore intoxicated are referred to as a Drug Recognition Expert (DRE). The DRE is supposed to follow a 12 step process where the last step is a chemical test, thus in effect nullifying the use for an “expert” to give his guess...

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