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The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

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Distribution - the movement of the drug throughout the body<br />

Metabolism - the body’s way of breaking down a complex substance into smaller pieces<br />

in an ef<strong>for</strong>t to get rid of it<br />

Elimination - getting the drug or its smaller pieces out of the body through urine, feces,<br />

sweat, saliva, or breath<br />

PRACTICE POINT<br />

PLAIN LANGUAGE<br />

<strong>The</strong> polysyllabic words used in toxicology have the potential to become mind-numbing to the<br />

non-toxicologist audience (pharmacokinetics, pharmacodynamics, epidemiological studies,<br />

methylenedioxymethamphetamine, tetrahydrocannabinol, etc.) This is not to suggest you can<br />

never use these words. However, when you use them, immediately explain their meanings in<br />

common, everyday language—and then try to limit repeating the words and substitute as<br />

much as possible common language to convey your message. Refrain from using several of<br />

these terms within a short statement:<br />

Scientific<br />

Studies conducted by some of our most renowned <strong>for</strong>ensic toxicologists demonstrate the<br />

pharmacokinetics of methylenedioxymethamphetamine to be typically excreted 65%<br />

unchanged, with the principal metabolite being methylenedioxyamphetamine. Our<br />

epidemiological studies further show that the driving population and others are adversely<br />

affected by ingestion of MDMA, with symptoms including ataxia and diaphoresis,<br />

accompanied by psychomotor and memory dysfunction.<br />

Plain Language<br />

Scientific studies done by experts show that MDMA, a relatively common street drug—<br />

you may have heard of it as “ecstasy”—seems to make people feel more alert, even hyper. In<br />

reality, someone on MDMA will frequently be uncoordinated, restless, sweat heavily, have<br />

trouble controlling their movements, and be unable to think clearly. Obviously, a person in<br />

this condition is a risk to himself and others when driving.<br />

Having thus painted a “word picture” of what a person on MDMA looks like, the toxicologist<br />

can now compare the picture of this uncoordinated individual to what a person should look<br />

and act like when driving.<br />

<strong>The</strong> Science of Toxicology<br />

“Alcohol is a drug, but not all drugs are alcohol.”<br />

When testifying about the effects of alcohol and/or other drugs on a person’s<br />

ability to drive, it will be necessary to go into some detail about the physical and mental<br />

effects of the substance(s) involved. You may be asked about retrograde extrapolation,<br />

zero order kinetics, first order kinetics, pharmacodynamics, and a host of other complex<br />

(to the lay person) topics. It is safe to assume the average juror has no knowledge<br />

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