I'm not sure what you are arguing. She may have been a trained peace officer for California. It doesn't mean she is trained in all aspects of law enforcement. She may have been given a vehicle; Colorado gives vehicles to its DOR compliance officers too. Big deal. Again, the fact she may not have been trained or have experience in DUI enforcement is a big deal and would come out for the defense. The defense would tear her up for making an arrest based upon zero experience, training or education in DUI detection or enforcement. If there is no alcohol present, then a trained Drug Recognition Expert (DRE) is called in to conduct a more thorough set of roadside maneuvers to determine if something other than alcohol may be present, especially in California, where the DRE program was started and is rigorously trained. As a former DRE officer, I can tell you that I conducted numerous investigations to assist the regular patrol officer.

Training and experience is not immaterial. An officer does not make an arrest unless there is probable cause to make the arrest. If you don't have the experience to know that someone is impaired by alcohol or drugs, you don't make the arrest, you call someone to assist you who would. The totality of the the officers training and experience in conducting DUI investigations is the bedrock of making a probable cause arrest for impairment. And frankly, attacking the experience and the probable cause is the first thing all defense attorney's do.

Quote Originally Posted by Skip View Post
She was and is a trained peace officer in the Republic of California. As ridiculous as that sounds (the link is above). She was given an unmarked car with lights to pull over the "suspect." We really don't know her training beyond that.

The training and experience is immaterial and a waste of defense resources because the evidence the DA will admit in court proves he was not impaired. He blew a 0.00. He passed two independent blood tests that found no intoxicants or drugs in his system, only caffeine.

Attacking the experience and PC is almost a disservice to the defense because the state's own blood tests work against them.

The trial will come down to if caffeine, a common food item, is an intoxicant.