Nebraska Supreme Court Rules on DRE

Posted: December 21, 2009 in Campaign to Eliminate Drunk Driving
Tags: , , ,

MADD Nebraska would like to recognize  State Operations Council Member, Marcie Hagerty, formerly a Deputy County Attorney with the Lancaster County,  she did a great job of not only winning on the motion, but of getting the right case to appeal and seeing that a good record was made. You can see that by reading the opinion.  The experts were among the best.  MADD Nebraska understands that this was a team effort involving many in and out of the state. 

Nebraska Supreme Court


  • In part, the court wrote: “A law enforcement officer with the training and experience offered by ‘drug recognition expert’ certification is sufficiently qualified to testify, based on his or her evaluation, that a suspect was under the influence of drugs.”

Thanks also goes out to the Attorney General’s staff as they did a masterful job on the appeal, and for funding through the Office of Highway Safety.
One of the greatest things about the decision is that it does not require the full foundational process to qualify the DRE for the opinion. It clearly states that the experience and training that the DRE status represents will qualify the officer to give an opinion. The opinion is unequivocal and unanimous. What a great win for the Lancaster County Attorney and Nebraska. 

Another way to ensure we eliminate impaired driving in our state – thanks to all.


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