NCJ Number
168769
Journal
The Advocate Volume: 18 Issue: 1 Dated: (January 1996) Pages: 62-68
Date Published
1996
Length
7 pages
Annotation
This article focuses on the use of experts in driving under the influence (DUI) and controlled substance cases in Kentucky, the use of experts relative to such pretrial issues as suppressing a confession, and the influence of drugs on behavior as a defense to the crime and as mitigation of punishment.
Abstract
Experts can be used in various ways to serve defense needs: investigation, evaluation and testing, testifying to advance a defense or mitigation, testifying to rebut a prosecution expert or to rebut aggravation, and consultation in the cross- examination of prosecution experts. These experts can provide assistance at different stages of DUI and controlled substance case proceedings--pretrial, trial penalty, and sentencing. The reasonable necessity for funds for defense expert resources in drug cases should be proven, and persuasive themes that demonstrate the need for expert assistance to competently represent the defendant should be articulated. In Kentucky and most other jurisdictions, the defendant is entitled to access the material evidence in possession of the prosecution. Defense counsel should employ its own expert to evaluate and test the substance in question and should adhere to established standards. Because of the potential for error, courts understand that indigent defendants are entitled to funds to hire experts to test and analyze the particular substance. DUI cases involve several aspects that frequently require expert assistance to aid the defense: independent testing of the defendant's blood or urine; analyzing consumption, ingestion, and absorption; determining the effects of alcohol on the body; analyzing medical ailments that explain behavior; and assessing the reliability and validity of breath-testing machines. Commonly used experts in DUI cases include physicians, pharmacists, pharmacologists, analytical chemists, ophthalmologists or optometrists, and auto mechanics. Intoxication is a complete defense to any crime in Kentucky if it negates an element of that crime. Further, intoxication that does not reach the level of a defense is nonetheless statutory mitigation in capital sentencing proceedings. A table of authorities for funds for drug and alcohol experts is included.