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Mellanby Effect: A LEO's Perspective on Homeostasis & Burn Off

Tuesday, September 27, 2022

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Det. Tom Heller, Seattle Police Department

This session will explain from a law enforcement perspective the many factors to review to determine if a defendant is safely off the roadway, including specifics on the scientific phenomena at play in why alcohol impaired people choose to drive. It will explain the background behind homeostasis and burn-off, and discuss how these scientific factors come into play in a DUI case so that both prosecutors and law enforcement officers can better explain and articulate these factors in order to better investigate and prosecute DUI cases. This session is a crucial follow-up to a prior session on the Mellanby Effect conducted by Washington State TSRP Miriam Norman, which explained these factors from a prosecutor’s perspective; this session will provide both prosecutors and law enforcement officers with even more information on these factors, this time from the eyes of a law enforcement officer

DUI Report Writing: Best Practices for Completing the DUI Alcohol/Drug Influence

Tuesday, October 18, 2022

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Vin Petty, Florida Traffic Safety Resource Prosecutor

This session will provide an in-depth discussion of techniques and tips to improve the documentation of all aspects of a DUI Investigation. This presentation is taught from a prosecutor’s perspective and is designed to assist the law enforcement officer in improving his or her DUI Reports, so that a prosecutor can better use them to succeed in court. It will also serve as a way for prosecutors to better understand what needs to be included in a DUI Report so that they can work to better educate the law enforcement officers that they deal with. A variety of DUI Reports submitted from various agencies in actual DUI Prosecutions — both good and bad examples — will be discussed and serve as examples of how to better prepare and use the DUI Alcohol/Drug Influence Report in DUI cases.

DUI Cases and the HIPAA Myth

Tuesday, November 15, 2022

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Vin Petty, Florida TSRP and Ken Stecker, Michigan TSRP

This presentation will cover the basic legal principles behind the Health Insurance Portability and Accountability Act also known as HIPAA. The intent behind the law will be explained as well as some of the general provisions of the law. This will give prosecutors and law enforcement a basic understanding of the guiding legal nuances of the law. The presentation will then cover specific principles relating to criminal law and the built-in exceptions for law enforcement and prosecutors conducting investigations into criminal matters, such as DUI Cases. There will be several statutory exceptions to the general prohibition against releasing protected information including oral release of information. Lastly, the presentation will cover methods in jurisdictions to work more closely with hospitals. Attendees will learn methods to find hospital personnel to keep the lines of communication open on legal matters to better investigate DUI cases. Lastly. Attendees will receive example forms that they can use to better navigate the legal roadblocks to obtaining protected health information when investigating DUI cases.

Forensic Toxicology in DUI Cases: Bringing Out the Nerd in You

Tuesday, December 13, 2022

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Amy Miles, Director of Forensic Toxicology, Wisconsin State Laboratory of Hygiene

You have received the toxicology report back from your laboratory for your DUI case. Listed on the report are drugs that you know are not the active parent, but you observed impairment. Now what? What did the subject ingest? What drugs are there as a result of the body’s metabolism? Your lab is always a great resource, yet there is some preliminary information you can learn to help navigate the report before you must write an email or make a call to the lab. This presentation will discuss the differences between active drugs, their metabolites as well as various precursors and derivatives so that one can better understand and handle drug DUI cases using several examples of specific cases.

Marijuana & Driving in 2023: It’s Not Just Delta-9-THC Anymore

Tuesday, January 17, 2023

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Erin Karschner, Forensic Toxicologist (Armed Forces) & Rebecca Hartman, Chief Toxicologist (Monroe County, Rochester, NY)

Marijuana is the second most frequently encountered substance in driving under the influence (DUI) cases in the United States. Legalization has resulted in more drivers exposed to Delta-9-THC, the primary intoxicating component of marijuana. In states that have not yet legalized marijuana, man-made variants of Delta-9-THC are often sold in products as legal alternatives. These variants, or isomers, can be found in stores and online in infused cannabis flower, vaping oils, and in various edible forms. In particular, Delta-8-THC and Delta-10-THC isomers are now appearing in seized drug and DUI cases. This presentation will describe indicators of marijuana intoxication on the road, the most reliable methods of detecting marijuana use during a Drug Recognition Expert evaluation, and the importance of blood collection time for toxicology results. Cases involving THC isomers will be highlighted, and analysis and interpretation issues will be discussed.

DRE and the IACP 2023: Updates & Enhancements

Tuesday, February 21, 2023

12:00 PM - 1:30 PM (MST); 11:00 AM - 12:30 PM (PST)

Presenter

Joe Abrusci, Jim Maisani & Chuck Hayes - DECP Regional Project Managers, IACP

This session is intended to provide an update on projects related to and affecting the DRE program that are underway, as well as new offerings to help further ARIDE and DRE training. Additionally, it will provide updates on recent and pending Frye/Daubert Hearings regarding the DRE program. Finally, it will provide information on judicial and prosecutor training related to the DRE program.