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Defending Drinking Drivers

Publisher: James Publishing

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ISBN: 9781945421877
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Defending Drinking Drivers offers court-tested strategy, practice tips, arguments, and recent cases to keep you on the cutting edge of drunk driving law. Get the tactics, motions, case law, and sample examinations you need to help your client prevail.

This edition provides new text, tips, and case analysis on dozens of topics including:

  • Miranda and drug recognition evaluations – the right to consult with attorney. §163.4
  • Don’t let prosecutors mislead jurors about alcohol tolerance in a disconnect case. §209.1
  • SCRAM report admissible for probation revocation hearing. §261.6
  • Double jeopardy precluded conviction and sentence for both DUI and DUI causing death. §531.3.2
  • Victim’s death did not provide basis for second prosecution. §531.14
  • New/additional counts violated speedy trial rights. §533.4
  • Pre-arrest silence was not substantive proof of guilt. §535.11
  • Dog sniff alert was not specific enough to support search of auto. §536.6.5
  • Prolonged traffic stop results in dismissal of DUI. §536.8.10
  • Unconscious driver deemed to consent to blood draw. §538.9.1
  • Immediate arrest created a coercive unlawful warrantless blood draw. §538.14
  • Equal protection claim based on lack of non-English SFST instructions fails. §547.15
  • Officer may not testify regarding degree of intoxication, that defendant’s behavior was consistent with intoxication, or that defendant had excessive blood alcohol content. §631.3
  • Officer’s opinion as to who was driving was admissible. §631.4
  • Right to present mental illness defense. §652.4
  • Defendant’s request to have testimony in first trial admitted in second trial denied. §652.5
  • Evidence of chemical test refusal and of death inadmissible in trial on non-DUI charges. §661.2
  • Veteran’s court participation leads to dismissal. §721.1
  • Attorney’s guide to the DSM-5 for substance use disorders. §727
  • Refusing breath test was obstruction of justice. §822.10

Plus two new forms in Digital Access:
  • Brief in Support of Motion in Limine to Preclude References to Assumed Alcohol Tolerance (includes primer on alcohol metabolism).
  • SCRAM Discovery Demand.

Table of Contents

CHAPTER 1 THE OFFENSE
CHAPTER 2 CHEMICAL EVIDENCE
CHAPTER 3 PRE-TRIAL PREPARATION
CHAPTER 4 PRE-TRIAL DISCOVERY
CHAPTER 5 PRE-TRIAL MOTIONS
CHAPTER 6 TRIAL PRACTICE
CHAPTER 7 POST-TRIAL
CHAPTER 8 ADMINISTRATIVE HEARINGS
BIBLIOGRAPHY
INDEX