"The Nebraska DRE"

 

News for Drug Recognition Experts

Volume 3-98                                                                                   March, 1998

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Guilty as Charged
By
Sergeant Thomas E. Page
Los Angeles Police Department

On February 19, 1998, after deliberating for approximately six hours, a San Diego County, California, jury returned a verdict of Guilty of Murder in the Second Degree in the case of People versus Michael Ramos. Ramos is expected to be sentenced to a prison term of 15 years to life.

Ramos had been arrested in the afternoon of May 16, 1997, after his vehicle veered off the roadway of a Vista, California street. Ramos' vehicle fatally struck an eleven year old girl who was walking home from school. San Diego Sheriff's Department DRE Matt Stevens, who was certified in 1997, subsequent to completing the 1996 Palomar Community College DRE school (presented by Detective Pat Conahan of the Oceanside Police Department, and supervised by the LAPD), conducted a DRE evaluation and determined Ramos was under the influence of a narcotic analgesic. Blood and urine samples were taken from Ramos. Lab analysis, including quantification, found morphine, codeine, and methadone.

During trial, Deputy District Attorney Greg Walden, through witnesses which included Deputy Stevens and Sergeant Tom Page (LAPD), presented the prosecution's theory that Ramos knowingly and deliberately ingested heroin, knew the effects of heroin, knew that he couldn't safely drive while taking heroin, but did so anyway.

The defense's theory, which the jury rejected, was that a long-term heroin addict could and would tolerate the dose of heroin to prevent withdrawal effects, but not become impaired. Ramos testified he lost control of his truck while reaching for a tape cassette. The jury agreed that this killing of an innocent girl resulted from Ramos' intentional doing of an act with express or implied malice.

Although most of the signs and symptoms documented by Deputy Stevens pointed toward narcotic analgesics, Ramos' pulse and temperature were elevated. Sergeant Page testified that elevated pulse and temperature were consistent with the anxiety produced as the suspect became aware that he was going to remain in custody, and would soon experience narcotic analgesic withdrawal. Sergeant Page identified this effect as pre-withdrawal panic syndrome.

I guess this discounts the old myth that "hypes don't drive."

Thanks Tom

The Nebraska DRE appreciates the contribution of Sergeant Tom Page, of the Los Angeles Police Department, to this months newsletter. Sergeant Page will provide us with additional information on pre-withdrawal panic syndrome in next month's issue.

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DECP Training

The training calendar for Nebraska Drug Recognition Experts has been full. Lets highlight some of the schools that have been held and look at some future training opportunities.

Eight Hour Drug Block

As noted in last months issue, Columbus DRE Greg Sampson held a drug block training session for law enforcement officers in his area of the state. The NHTSA training program is designed to give the student some basic information on the effects of drugs and to encourage the use of DRE's. If your agency is interested in sponsoring a school in your area contact a DRE instructor or call Becky Stinson at the Nebraska Office of Highway Safety.

DRE Instructors School

The Highway Safety Offices of Iowa, Kansas, Missouri and Nebraska combined resources for a IACP DRE Instructors school. The course was held February 16-20 in Independence Missouri. The following law enforcement officers took part in the course.

Course Administrator
Sgt. Dave Hughes Missouri State Highway Patrol
Instructors
Master Trooper Dave Corp Kansas State Highway Patrol
Master Trooper Charlie Kohler Kansas State Highway Patrol
Trooper Martin Berneking Kansas State Highway Patrol
Lieutenant Darrell Fisher Nebraska State Highway Patrol
Officer C. Matson Omaha Nebraska Police
DRE Instructor Candidates
Illinois
Tony Lebron Illinois State Highway Patrol
Iowa
Richard Glade Des Moines Police Department
Russ Belz Story County Sheriff's Office
Kansas
Steve Kenney Wichita Police Department
Jimmy Queen Derby Police Department
David Cohrs Wichita Police Department
Patrick Turner Sedgwick County Sheriff's Office
Jeffrey Collier Kansas State Highway Patrol
Missouri
Scott Meyer Missouri State Highway Patrol
Rod Land Missouri State Highway Patrol
Ralph Stewart Kansas City Police Department
Craig Schultz Kansas City Police Department
Cory Stoff Independence Police Department
James Edwards Independence Police Department
Becky Edwards Independence Police Department
Kevin Reeves Lee's Summit Police Department
Nebraska
Lance Mooney Nebraska State Highway Patrol
Dave Carlson Omaha Police Department
Greg Cody Lincoln Police Department

Future Regional Efforts

Representatives of the NHTSA Region VII office were impressed with the combined endeavor of Iowa, Kansas, Missouri and Nebraska in the DRE Instructors Course. They discussed several future projects. The possibilities include, but are not limited to, additional instructor schools and even a regional seminar similar to the National DRE/SFST Impaired Driving Conference.

1998 DRE Refresher Course

The Nebraska Office of Highway Safety will present "The 1998 DRE Refresher Course" in Omaha on July 14, and in Grand Island on July 28, 1998. All Nebraska Drug Recognition Experts are requested to attend this annual training course. The eight hour school is counted as part of the classroom criteria needed for re-certification.

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National Conference

"The 4th IACP DRE Drugs, Alcohol and Impaired Driving Conference" will be held this year in Portland, Oregon, on June 28-30, 1998. The topics for the three days of training will include the latest SFST/DRE studies and court cases, over-the-counter and prescription drugs, methamphetamine use, information on new drugs and more.

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Lower the Limit

Washington (AP) - On March 3rd, 1998, the President wielded his support behind a proposal in Congress under which states would be asked to lower to 0.08 percent, the blood-alcohol level at which a driver is declared legally drunk, or risk losing certain federal highway funds.

Sen. Frank Lautenberg, D-N.J., is the prime sponsor of the proposal, which would be affixed as an amendment to a pending federal highway spending bill. Currently, 35 states, including Nebraska, define drunkenness as a blood-alcohol level of 0.10 percent.

Highway safety advocates point to a recent MADD survey that indicated nearly seventy percent of Americans said they favored a lower blood-alcohol limit. Of the more than 17,100 people who died in alcohol-related vehicle crashes nationwide in 1996, about 9 percent, (more than 3,700) involved drivers with blood-alcohol below the 0.10 percent limit.

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This page was updated 3-10-98
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