DRE Opinion Result in Under Influence of Drugs Conviction State v. Reiter (UNP)

The UNPUBLISHED Appellate Division opinion in State v. Reiter involves an under the influence of drugs prosecution where both the municipal court judge and Law Division judge ( Hon. Judge Cantor, of recent State v. Chun fame) based their conviction of the defendant upon the opinion given by a police department Drug Recognition Expert (DRE). This case contain an excellent review and analysis of the proofs that are necessary in this type of prosecution and the areas of testimony that are appropriate for a DRE.

Note that the Appellate Division’s reliance on State v. Bealor as cited at length in the opinion should be regarded with some measure of caution as this case is currently before the New Jersey Supreme Court. This is probably why this otherwise important opinion has not been approved for publication.

Download copy of State v. Reiter, an UNPUBLISHED decision.

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