DRUG RECOGNITION EXPERTS - A COURT OF APPEAL CONFIRMS THAT THEY ARE EXPERTS

Mr. Bingley’s appeal concerned the admissibility of opinion evidence given by a Drug Recognition Expert (“DRE”) on whether a person’s ability to operate a motor vehicle is impaired by a drug. Mr. Bingley said that such DRE evidence is not admissible.  The Crown said it is. The Ontario Court of Appeal agreed with the Crown:

Based on a plain reading of s. 254(3.1) of the Criminal Code, it is my view that DRE opinion evidence is admissible to prove the offence of drug-impaired driving, without the necessity of a Mohan voir dire, so long as it is established that the witness is a certified DRE as specified in the Regulations. R. v. Bingley, 2015 ONCA 439