California Drunk Driving Law

Hundreds of creative decision-based defenses, dozens of artfully drafted and heavily supported motions, answers to 95% of the questions arising in day-to-day DUI practice, and authoritative interpretation of 1,700 cases.

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2023 Edition
ISBN: 9781580123402
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2023 Edition
ISBN: 9781580123402
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The 2023 revision of California Drunk Driving Law by Paul Burglin and Barry Simons discusses important developments in California case law and statutes. Updates were made and additional insights were added to the following sections: Updates were made and additional insights were added to the following sections:

CHAPTER 1 DRUNK DRIVING OFFENSES

  • §1:11.12 Multiple Charges From Same Act or Course of Conduct
  • §1:15.2 VC §23550.5: Felony-Punished Drunk Driving With Separate Offense Within 10 Years
  • §1:34 Drunk Driving Murder (Watson)

CHAPTER 2 ADDITIONAL CHARGES

  • §2:84.3 V.C. 2800.3 (Evading Causing Serious Injury or Death)
  • §2:84.4 V.C. 2800.4 (Evading On Wrong Side of Road)
  • §2:84.5 Punishment And Jury Instructions For Evading

CHAPTER 3 ARRAIGNMENT AND PRETRIAL MATTERS

  • §3:22.3 Bail, O.R. Release, And Factors To Be Considered
  • §3:92 Withdrawal Of Counsel / Preservation of Client Confidences

CHAPTER 5 DISCOVERY

  • §5:100.8 False Statements By Peace Officer a Crime

CHAPTER 7 SEARCH AND SEIZURE

  • §7:11.2 Detention vs. Consensual Contact
  • §7:11.3 Informing Arrestee of Reason for Detention and/or Arrest
  • §7:20.33 Nervous and Evasive Behavior; Ordering Driver Out of Car
  • §7:38 Probable Cause to Believe 0.08% or More or Under The Influence
  • §7:62 Probation and Parole Searches In General
  • §7:63.1 Pat-Down Search Prior To Arrest
  • §7:67 Place and Manner of Drawing Blood Must Be Medically Reasonable
  • §7:84.4 Continuance of Hearing

CHAPTER 9 TRIAL DEFENSE OF DUI IN CALIFORNIA

  • §9:05 Batson/Wheeler Challenges: Unlawful Discrimination in Jury Selection
  • §9:23.1 Continuance Based On Defendant’s Non-Appearance
  • §9:25.1 Necessity To Renew Pretrial Motions To Exclude Evidence Or Argument
  • §9:28.13 Exclusion of Witnesses; Exception for Investigator and Possibly Expert Witness

CHAPTER 10 PUNISHMENT

  • §10:26.16 Staying Out of Places Where Alcohol Is Primary Item of Sale
  • §10:26.17 Search & Seizure Waiver Condition
  • §10:27.18 Requiring Approval of Residence or Leaving Stat

AND MORE!

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