Symposium on Traffic Safety June 26-29, 2023

DUI/Traffic Enforcement Topics

• DUI: Harder to Prove than Murder? (John Cullen)

  - Det. John Cullen, Jacksonville (FL) Sheriff's Office

  Detective Cullen will compare his experience as a DUI officer to his time as a homicide investigator. While homicide investigations are very complex and time consuming, the technical aspects of an impaired driving investigation are seemingly more difficult to prove in court. As DUI officers are often challenged in a variety of court hearings, Detective Cullen will discuss how we can provide our best evidence in court, as well as how to avoid or overcome common defense tactics.

• DUI Cases and the HIPAA Myth (Vin Petty & Ken Stecker)

  - Vin Petty, IPTM Instructor, Florida TSRP, Florida Traffic Safety Resource Prosecutor Program
  - Ken Stecker, Michigan TSRP, Prosecuting Attorney's Association of Michigan

  This presentation will cover the basic legal principles behind the Health Insurance Portability and Accountability Act also known as HIPAA. The intent behind the law will be explained as well as some of its general provisions. This will give prosecutors and law enforcement a basic understanding of the guiding legal nuances of the law. We will also cover specific principles relating to criminal law and the built-in exceptions for law enforcement and prosecutors conducting investigations into criminal matters, such as DUI cases. Lastly, the presentation will cover methods to work more closely with hospital personnel to keep the lines of communication open on legal matters to better investigate DUI cases.

• DW-High: Driving While High (Yancy Green)

  - Yancy Green, Founder, Exceeding the Limit, LLC

  This course is designed to train officers on different indicators a person may display while administering SFSTs. Yancy Green will cover topics including three categories of Cannabis, how cannabis affects the human body, indicators of impairment, and indicators that are often overlooked while conducting an investigation.

• How Do We Prove It? A Case Study of DUI Investigation and Conviction after Narcan (Nathaniel Grimm)

  - Ofc. Nathaniel Grimm, DRE Instructor, Lincoln Police Department

  In early 2020, a Lincoln Police Officer responded to a call of an unconscious driver, who fire and medical personnel ultimately revived with Naloxone. The officer requested the assistance of a Drug Recognition Expert, and despite the driver now being sober, officers were able to establish probable cause to cite the driver for DUI. Through cooperation between the officers and the County Attorney's office, many defense challenges were overcome and a conviction was obtained at a jury trial in a case where the evidence of impairment was little more than "Narcan worked."

• Impaired Driving with Designer Benzos (Nicholas Tiscione)

  - Nicholas Tiscione, Toxicology Unit Manager, Palm Beach County Sheriff's Office

  This presentation will provide background and current trends with what has become the largest category of novel psychoactive substances (NPS), so that law enforcement officers can better deal with such issues while investigating Drug-DUI cases. We will discuss the challenges with toxicology testing for novel benzodiazepines and the impairment they may produce.

• Nystagmus Review: Causes, Myths and Why It Matters (Tim Cornelius)

  - Tim Cornelius, Florida DECP Coordinator, Impaired Driving Coordinator, IPTM

  In this session, Tim Cornelius will discuss some of the known and lesser known forms of nystagmus that could raise their ugly heads in your impaired driving cases. Definitions and causes of the types of nystagmus will be discussed and attendees will gain an understanding of how to defeat defense claims that your nystagmus was not HGN and unreliable. Additionally, attendees will understand how nystagmus can impact driving and ways to get this point across to their jury members.

• Roadside Interviewing and Reestablishing Rapport Post Arrest (Dave Kopenhaver)

  - Dave Kopenhaver, President, Integrated Impaired Driving Solutions

  Building rapport during the roadside interview and post arrest are crucial pieces of the process. This presentation will give you the instruction you need to obtain voluntary toxicology samples and make a strong DUI case.

• Totality of the Circumstances (Daniel Darren)

  - Cpl. Daniel Darren, IPTM Instructor, DRE Instructor, Collier County (FL) Sheriff's Office

  "Totality of the Circumstances" is probably the most used "buzz" phrase in DUI and DRE Cases, but if asked, would you be able to clearly explain what is meant by that? This session is designed to take the attendee through the three-degree levels of DUI Enforcement training and pick out key steps and indicators that are often overlooked in testimony that will aid the testifying officer in presenting a complete and descriptive case to a jury.

DRE Topics

• Conducting an Administrative Drug Influence Evaluation (Allan Kolak)

  - Lt. Allan Kolak, Cape Coral (FL) Police Department

  There is a critical need to maintain a drug-free working environment for the safety of fellow co-workers and the community they serve. This session will explain the process to conduct a thorough and impartial drug influence evaluation on an employee suspected of being impaired. It will also include procedures that should be followed and best practices.

• Developing Your DWI/DRE Expertise (Chuck Matson)

  - Chuck Matson, DRE, DRE Instructor, Former IACP DRE Section Chair

  Created by a DRE for DREs and DWI law enforcement officers, this session will provide participants with a better understanding of the importance of recognizing and documenting more than just the standardized clues and average DRE expected ranges. Attendees will take another step in understanding human physiology and why drug related changes to the eyes, and other areas of the central nervous system, are evidence of impairment.

• DRE Case Review (Joe Abrusci)

  - Joe Abrusci, Project Manager - DECP Eastern Region, International Association of Chiefs of Police (IACP)

  Joe Abrusci will discuss issues from an actual DRE case and the successes and challenges faced. You will gain some insight from an experienced DRE on what can create issues for DREs and how to bring the case, hopefully, to a successful conclusion.

• DRE Field Certification Evaluations

  - Florida Drug Recognition Experts

  Certified Florida DREs can take advantage of this session to perform evaluations in front an instructor for recertification and complete the proper paperwork or turn in recertification forms. In addition, veteran DRE instructors will be available to answer your questions.

• The DRE Outside of the DUI Enforcement Role (Brian Kibbe)

  - Sgt. Brian Kibbe, DRE Instructor, Orange City (FL) Police Department

  Where else can our DREs be utilized? Can we use them to identify those with potential drug addiction problems? Can we use them to teach in the communities and schools to educate the public and our youth on the dangers of drug usage? We will engage the audience and look at DREs as not only DUI enforcement experts, but assets to their agencies in different areas as well.

• New and Novel or Tried and True? How Science and the Courts Support the DRE Assessment (Beth Barnes & Matthew Myers)

  - Beth Barnes, Arizona TSRP, Arizona Governor's Office of Highway Safety
  - Matthew Myers, MS, MPA, Peachtree City (GA) Police Department

  This presentation seeks to compare DRE drug symptomatology and evaluation techniques to toxic syndromes in medical literature and conventional approaches to a poisoned or intoxicated patient. Additional references are provided on areas of more specific interest to the law enforcement investigation. You will leave the class able to explain how the "drug symptomatology matrix" is a teaching construct not unique to law enforcement and provide appropriate references to support their methodology in evaluating persons suspected of drug impairment.

Florida Topics

• Florida DUI Case Law Update (Ben Fox)

  - Ben Fox, Asst. Misdemeanor Division Chief, Training Attorney, Brevard County (FL) State Attorney's Office, 18th Circuit

  Ben Fox will give you a comprehensive update on the past two years of DUI case law in Florida and what you need to know as a law enforcement officer. He’ll explore Florida's appellate court decisions and how they impact the actions law enforcement can – and cannot – take in their DUI investigations. Topics include traffic stops, Miranda, accident (crash) report privilege, corpus delicti, legal medical blood draws, and the applicability of search warrants relating to such blood draws.

• Florida Legislative Update (Garett Berman)

  - Garett M. Berman, Esq., Executive Director, Florida Prosecuting Attorneys Association

  Garett Berman will discuss the new traffic laws passed during Florida’s recent legislative session and provide an update on the ones that did not pass.

• FDOT’s HVE Subgrant Funding and Impaired Driving Program Overview (Ernie Bradley)

  - Ernie Bradley, Traffic Safety Program Manager, Florida Department of Transportation

  This session will provide information on the FDOT State Safety Office’s (SSO) Impaired Driving High Visibility Enforcement (HVE) Overtime Subgrant process. Officers will get an overview of the Subgrant development process, from application to the end of a funding cycle. This process is the same for all traffic safety program areas funded by the SSO. Then a more detailed overview of the Impaired Driving HVE Subgrant will be provided, including enforcement requirements, information on the types of items allowable for purchase with Impaired Driving funds, and examples of previously awarded Impaired Driving HVE Subgrants. This session will provide officers with the information on additional funding that can be used to assist their agency in addressing traffic crashes, injuries, and fatalities.

• Florida's Medical Marijuana Program and Office of Medical Marijuana Use (Carmen Dixon & Todd Schimpf)

  - Carmon Dixon, Nurse Consultant, Florida Office of Medical Marijuana Use (OMMU)
  - Todd Schimpf, Communications Manager, Florida Office of Medical Marijuana Use (OMMU)

  This presentation provides an in-depth overview of Florida’s Medical Marijuana Use Program. It will include updates to the program, law enforcements interaction with the Medical Marijuana Use Registry, and a look at the Office of Medical Marijuana Use.

Program/Leadership Development

• Leadership and Motivation of a DUI/DRE Unit (Allan Kolak)

  - Lt. Allan Kolak, Cape Coral (FL) Police Department

  This session will assist leaders to inspire and evoke the best in their personnel to work toward a common goal. Topics covered include qualities of a motivational leader, motivational techniques for a specialized unit, training, and team building. It also includes making decisions, setting clear goals, providing training, and giving them empowerment and tools to achieve success.

• Impaired Driving Curriculum Updates (Kyle Clark)

  - Kyle Clark, National DEC Program Project Manager, International Association of Chiefs of Police

  The National Highway Traffic Safety Administration and the International Association of Chiefs of Police strive to ensure impaired driving enforcement training contains the most up-to-date information and tactics to enhance traffic safety. This session will provide participants with the significant changes made in the 2022 SFST, ARIDE, and DRE curricula, along with some of the basis for these changes. We will conclude by discussing how to recommend changes for future revisions.

• Officer Wellness - Please Place the Oxygen Mask on Yourself First (Dawn Roig Roberson)

  - Ofc. Dawn Roig Roberson, Crisis Intervention Team (CIT) Coordinator, Miami Shores (FL) Police Department

  Good mental and psychological health is just as essential as good physical health for law enforcement officers to be effective in keeping our country and our communities safe from crime and violence. In 2022, 331 officers were shot, and 156 officers died by suicide. Taught by officers for officers, learn tips, strategies, and resources for coping with the job.

• Supervising the DUI/Traffic Enforcement Units: Challenges, Solutions and Management (Mark Eastty)

  - Sgt. Mark Eastty, IPTM Instructor, DRE Instructor, Pinellas County (FL) Sheriff's Office

  This course will tackle the challenges related to supervising the DUI/Traffic Units in a COVID/Defund the Police era. Solutions will be provided that a new or current supervisor can apply to supervise the DUI/Traffic Units effectively and efficiently, including DREs. The course will deliver strategies for budget constraints linked to training, equipment, etc. You will learn management techniques for personnel issues, policy updates and development, training and selecting members for your DUI/Traffic Units.