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Defense of Drunk Driving Cases: Criminal - Civil

Comprehensive coverage of all aspects of drunk driving defense...
Publisher: Matthew Bender
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ISBN: 9781579114190
Publisher: Matthew Bender
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Book Edition: 106

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Defense of Drunk Driving Cases is a four-volume resource providing comprehensive coverage of the legal and technical issues that arise in defending a drunk driving case, including up to date guidance on relevant statutes, case law, and scientific facts. Topics discussed include:

• Illegal per se laws;
• statutory presumptions;
• implied consent laws;
• constitutional objections;
• liquor liability issues;
• motions to suppress and to strike prior convictions;
• affirmative defenses;
• field sobriety testing;
• roadblocks and sobriety checkpoints; and
• chemical testing, including physiology, pharmacology, analytical techniques, and the admissibility of chemical test evidence.

Extensive scientific material is included on the effects of alcohol on the body and the chemical testing methods and devices used to determine alcohol concentration. Volume 4 is a comprehensive Practice Guide, authored by prominent drunk driving defense attorney Richard Essen that provides step-by-step guidance for maintaining a drunk driving practice and handling a case, from pretrial preparation through trial. Included in the set is a Statutory Appendix of drunk driving-related provisions from all 50 states, the District of Columbia, and the Uniform Vehicle Code.

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Table of Contents

VOLUME 1
Chapter 1 The Elements of Drunk Driving and Related Offenses
Chapter 2 Illegal Per Se Laws
Chapter 3 Statutory Presumptions
Chapter 4 Implied Consent Legislation
Chapter 5 Constitutional and Statutory Right of Defendant to a Chemical Test
Chapter 6 Constitutional Objections
Chapter 7 Double Jeopardy and Rules Prohibiting Multiple Punishments and Prosecutions for a Single Act
Chapter 8 Penalties
Chapter 9 Theories of Liquor Liability
Chapter 10 Field Sobriety Tests (FSTs)
Chapter 11 Conditions That May Simulate Alcohol Intoxication

VOLUME 2
Chapter 12 Driving Under the Influence of Drugs
Chapter 13 [Reserved]
Chapter 14 Driving Impairment
Chapter 15 Scientific and Mathematical Foundations of Chemical Testing
Chapter 16 [Reserved]
Chapter 17 Blood-Alcohol Analysis
Chapter 18 Breath Analysis Generally
Chapter 18A Infrared Breath-Alcohol Analysis
Chapter 19 Intoximeters
Chapter 19A Alcotest Breath-Alcohol Analyzers
Chapter 20 The BAC Verifier and BAC DataMaster
Chapter 21 Intoxilyzers

VOLUME 3
Chapter 22 The Breathalyzer
Chapter 23 Gas Chromatography
Chapter 23A Fuel Cell Devices for Alcohol Analysis
Chapter 24 Breath Alcohol Screening Tests
Chapter 24A Breath Alcohol Ignition Interlock Devices (BAIIDs)
Chapter 25 Alcohol Analysis of Urine and Other Body Fluids
Chapter 26 Application of Scientific Facts to Actual Case
Chapter 27 Chain of Custody
Chapter 28 Admissibility of Chemical Test Results
Chapter 29 Admissibility of Evidence of Defendant's Refusal to Submit to Testing
Chapter 30 Physician-Patient Privilege
Chapter 31 Photographs, Videotapes, and Audio Recordings of Defendant
Chapter 32 Prior Convictions and Prior Misconduct
Chapter 33 Right of Defendant to a Trial by Jury
Chapters 34-40 [Reserved]

VOLUME 4
PRACTICE GUIDE

Chapter 41 The DUI Practice
Chapter 42 Case Evaluation and Preparation
Chapter 43 Pretrial Discovery
Chapter 44 Affirmative Defenses
Chapter 45 Motions to Suppress
Chapter 46 Jury Selection
Chapter 47 Opening Statement
Chapter 48 Cross-Examination of Arresting Officer
Chapter 49 Cross-Examination of State's Witnesses Regarding Chemical Testing
Chapter 50 Closing Argument
Chapter 51 Jury Instructions
Chapter 52 Appeals
Statutory Appendix Drunk Driving Laws of the Fifty States and the District of Columbia and Uniform Vehicle Code
Index
Table of Cases