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Articles Posted in Rule 702 Expert Testimony

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Auto-Brewery Syndrome DWI North Carolina

The Limits of Chemical Certainty: The Auto-Brewery Syndrome & DWI Charges  Auto-Brewery Syndrome (ABS) remains a bit of a theoretical curiosity. It represents a measurable biochemical anomaly during which yeast or bacteria residing in the gastrointestinal tract convert carbohydrates into ethanol within the human body. Though somewhat rare, it is…

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Eyelid Tremor Cannabis DRE: Unreliable Under Rule 702

Should Eyelid Tremor Be Used to Prove Cannabis Impairment in North Carolina? For years, the Drug Recognition Evaluator (DRE) protocol has relied on a structured set of physical observations to evaluate suspected drug impairment. Among these, the presence of eyelid tremor has been taught as a supposed sign of recent…

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Marijuana Identification in North Carolina: State v. Ruffin and Rule 702 Expert Testimony

The North Carolina Court of Appeals’ recent decision in State v. Ruffin, ___ N.C. App. ___ (Mar. 5, 2025), provides guidance on marijuana identification in the post-hemp era. The defendant in Ruffin was convicted of multiple drug offenses, including the sale and delivery of marijuana, arising from a controlled buy…

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