State of New Jersey v. Olenowski, Docket No. 082253

On behalf of the Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ), Pashman Stein Walder Hayden P.C. attorney Aidan P. O’Connor filed an amicus curiae brief with the New Jersey Supreme Court on the issue of admissibility of drug recognition expert (DRE) testimony, arguing that the testimony should not be admissible as evidence. The brief states that DRE evidence is introduced by the state “under the cloak of science” as a means to prosecute DWI cases involving motorists suspected of drug impairment. Further, the science underlying DRE evidence is unsubstantiated, invalid, and unreliable, and as such has not gained general acceptance in New Jersey’s judicial opinions or within the scientific community.

The case is currently pending in the New Jersey Supreme Court, with a decision expected in 2020. It has attracted significant attention, with numerous organizations filing amicus curiae briefs.