A Clay Township man, accused of running over and killing a widow who was trimming her hedges, is challenging the method state police used to determine that he was under the influence of drugs.

A state certified drug recognition expert reportedly performed a 45-minute battery of tests before determining defendant Samuel Tiche Jr., 63, was under the influence of drugs following the Aug. 24, 2006, crash that killed 77-year-old Kikuko "Khris" Whann.

Tiche is charged with, among other things, vehicular homicide while DUI.

But defense attorney Michael Jewert is asking Butler County Judge Timothy McCune to prohibit drug recognition expert Trooper Ronald Vetovich Jr. from testifying at Tiche's trial.

"The tests the trooper has individuals perform are medical procedures and (Vetovich) has no medical training,"Jewert said, in a written request to the judge.

Jewert said the drug testing process is "novel scientific tests and have not been generally accepted in the medical community."

According to published reports, Drug Recognition Experts, or DREs, follow a 12-step procedure to observe psychomotor skills of individuals suspected of being under the influence of drugs.

DREs are trained to evaluate drivers based on their head and eye movements and responses to questions.

Those observations in addition to monitoring pulse, blood pressure and body temperature help DREs determine which of seven categories of drugs is affecting the person.

During Tiche's preliminary hearing, Vetovich testified that his tests showed Tiche, described as "anxious, restless and irritable," was under the influence of marijuana as well as a central nervous system stimulant, the most common being cocaine, crack, amphetamines and methamphetamine.

Vetovich noted Tiche's pulse and blood pressure were elevated and his eyes bloodshot and watery.

Additionally, other signs of drug use included the defendant's dilated pupils, and his rapid and agitated body movements.

Tiche, who refused a blood-alcohol test after the crash, allegedly claimed he swerved his Ford Escort off the road to miss another car.

According to court documents, Tiche's car left the road at about 3:40 p.m. and traveled through three front yards, running down shrubs and over stone walls before hitting Whann as she stood in her driveway.

Whann, thrown 30 feet, died instantly of head and chest injuries.

Tiche, who is free having posted $30,000 bond, is also charged with aggravated assault while DUI, homicide by vehicle, DUI and a dozen traffic violations.

He is scheduled to appear in court today, but this issue is not likely to be discussed until a later, yet undetermined court hearing.

In addition to this request, the defense is claiming that Tiche was arrested illegally at the scene of the crash and all evidence collected as a result should not be permitted in court.