- Revision 31
- 2 volumes
- Over 60 custom-drafted forms
- Access to digital forms on Jamesforms.com
- ISBN: 0-938065-11-4
Defending Drinking Drivers
by Patrick T. Barone
- Revision 31
“Whether you handle an occasional DWI and you’d like to do something more creative than plead out, or you can count your DWI cases in the hundreds, you’ll find much of interest here and much that you can use in your next case. … it’s the best book on DWI defense that I’ve seen.”
— Excerpted from the Vermont Bar Journal & Law Digest
Many attorneys see the drunk driving case as a no-win situation.
Yet, nationally, about half of the drinking driving cases brought before a jury conclude with the defendant’s acquittal. Twenty years ago one of the country’s pre-eminent attorneys in the field, John A. Tarantino, wrote a comprehensive 2-volume set, Defending Drinking Drivers, to teach trial lawyers how to win. He continued to update it annually until Michigan attorney Patrick T. Barone was selected as the new author in 2006. Mr. Barone brings new insight and enthusiasm to this essential trial manual. Defending Drinking Drivers begins with the “nuts & bolts” of drunk driving defense, then focuses on teaching how to create “reasonable doubt.” The books offer court-tested strategy, practice tips, sample arguments and the most up-to-date case law and statutory changes to keep you on the cutting edge of drunk driving law.
- Identify sources of error in BAC calculations.
- Successfully attack damaging chemical test results.
- Effectively cross-examine the prosecution’s key witnesses.
- Find weaknesses in the use of field sobriety tests.
- Suppress audiovisual evidence.
- Know when and how to use experts cost-effectively.
The book offers practical, step-by-step guidance to handling every phase of a drinking driving trial. Discover thorough analyses of all the chemical and field sobriety tests in use.
Challenge the Test Results
Defending Drinking Drivers explores in detail all current testing procedures, shows you how to turn them into “understandable science” for the judge or jury and, most importantly, outlines the weaknesses of each method. You will find the tools to attack the validity of the tests’ underlying scientific assumptions, effectively move for the dismissal of chemical test results and challenge field sobriety tests.
Defending Drinking Drivers is filled with thought-provoking sample cross-examinations of arresting officers, machine operators and expert witnesses. You will also find practice tips, strategies and current case law to help you demystify the scientific procedures used in testing and weaken the prosecution’s case.
This comprehensive resource will guide you in deciding whether an expert is essential, selecting an expert and using your expert to the full extent. You will also discover tips on turning the prosecution’s expert into a defense witness.
Critical Trial Preparation Tactics
To challenge probable cause, keep the prosecution’s evidence out or file effective motions, you must have a well-prepared case. From the initial client contact to sentencing, Defending Drinking Drivers will guide you through every phase of the case to help ensure that no stone is left unturned.
This 2-volume set is filled with the tactics, motions, case law and sample examinations you need to help your client prevail. Particular attention is given to analyzing specific testing methods and handling expert witnesses. Includes Digital Access to forms, which will expedite your DWI case preparation by putting more than 50 easy-to-use forms from the book at your fingertips.
This new edition provides new text and case analysis in over 30 sections on a broad variety of topics including:
Chapter 1 The Offense
- Physical control of a vehicle (§121.1.1)
- Proof of awareness and malice needed to support murder charges in fatal accidents (§§154.5.1, 154.5.2)
- Evidence required to establish that defendant was “under the influence of a drug of abuse”
Chapter 2 Chemical Evidence
- Extrapolation not needed when BAC is above legal limit (§203.9)
- The “One for Road” defense (§204.1)
- The drinking after driving defense (§204.2)
- Scientific limitations to deriving a valid uncertainty budget specific to breath testing (§210.3.1)
- Difficulties in challenging state’s lack of adherence to minimum standards for breath testing (§221.1)
- Microbial contamination during blood draws (§243.2.1.2)
- Emerging technologies to detect and apprehend intoxicated drivers (§264)
- Eye and head tracking technology (§264.1)
- Police laser gun for detecting drunk drivers from roadside (§264.2)
Chapter 3 Pre-Trial Preparation
- Determining when jeopardy attaches for purposes of guilty pleas (§314.9)
- Defense counsel ineffective for not hiring competent expert (§342.3)
- Immunity of expert witnesses from sequestration orders (§343.1)
Chapter 5 Pre-Trial Motions
- When an anonymous tip justifies a traffic stop (§536.1)
- Effect of officer’s mistake of law on validity of traffic stop (§536.8.9)
- Officers exceeded the scope of defendant’s husband’s consent to search home he shared with defendant (§5126.96.36.199)
- “Emergency assistance” exception to the Fourth Amendment (§5188.8.131.52)
- Consent to search vehicle did not extend to passenger’s purse (§536.12)
- Search incident to arrest invalid when arrest has not yet occurred (§536.13)
- Two warrants required; one to draw and one to test blood (§538.2)
- Impact of McNeely on state warrantless blood draw statutes and procedures (§§538.6, 538.7)
- Ohio Supreme Court upholds exclusion of breath test results as sanction for city’s refusal to produce “COBRA” data (§546.1)
- U-turn to avoid roadblock did not give police reasonable articulable suspicion for stop (§556.9)
Chapter 6 Trial Practice
- Using Facebook and other electronic social media to investigate jurors before and during trial (§603.1)
Chapter 8 Administrative Hearings
- Petitioner’s due process right to meaningful cross-examination at administrative hearing (§810)
- Defendant’s confusion about right to attorney before testing (§825.1)
- Admissibility of refusal (§830)
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
Table of Cases
Patrick T. Barone is the principal and founding member of The Barone Defense Firm, whose practice is limited exclusively to zealously defending citizens accused of drunk or drugged driving. The Firm is headquartered in Birmingham, Michigan, and also maintains offices in Grand Rapids, Michigan.
Patrick T. Barone is an adjunct professor at the Thomas M. Cooley Law School where he teaches “Drunk Driving Law and Practice” at their Auburn Hills campus, and he served on the Faculty Advisory Board for BAC-Tracker International, Inc. Mr. Barone frequently lectures at national and state seminars attended by lawyers, judges and scientists, and he has provided expert commentary in newspapers, on television and on radio.
Patrick T. Barone has also served as the executive editor of The DWI Journal: Law & Science (Whitaker Newsletters, Inc.), a nationally circulated legal periodical dedicated to improving the knowledge and success rate of defense attorneys in drunk driving cases. In addition to “Defending Drinking Drivers,” Mr. Barone is also the author of “Michigan DUI Law: A Citizen’s Guide.”
Patrick T. Barone authors a monthly DUI defense column for the Criminal Defense Newsletter, published by the State of Michigan’s State Appellate Defender’s Office. Mr. Barone has authored or co-authored more than 100 articles on trial practice and drunk driving defense tactics for various legal journals and periodicals.
Patrick T. Barone is a graduate of the Gerry Spence Trial Lawyer’s College, and has served on the faculty of the Criminal Defense Attorneys of Michigan’s Trial Practice College, where he provided trial skills training to Michigan’s criminal defense practitioners.
Patrick T. Barone has received much recognition and numerous awards including an “AV” (highest) rating from Martindale-Hubbell, and “Superb” and 10/10 by AVVO.com. Mr. Barone is included in the book “Best Lawyers in America,” and has been consistently named a “Michigan SuperLawyer” and “Best Lawyers in Metro Detroit” by DBusiness and Crain’s Detroit Business magazines and has recently been rated as among the top 5% of Michigan’s lawyers by “Leading Lawyers” magazine where he serves on the publication’s advisory board.
Patrick T. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests in accordance with the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). Partly as a result of this training, Mr. Barone has been judicially qualified as a court expert allowing him to give opinion testimony before a jury regarding issues relating to DUI investigations and police officers’ field sobriety testing protocols. He is believed to be the only attorney in Michigan who has been so qualified.
Patrick T. Barone has also attended a 24-hour certification course at National Patent Analytical Corporation (the manufacturer of the DataMaster) and has thereby been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the BAC DataMaster.
Patrick T. Barone is the founding president of the Michigan Association of OWI Attorneys, assists in moderating their listserve, and participates in a national listserve of DUI practitioners, allowing him to exchange and share information about new and existing DUI laws, national and local trends in the law, and trial tactics.
Patrick T. Barone is a member of the Michigan and Illinois Bar Associations. He is a Sustaining Member of the National College for DUI Defense, and a member of the Criminal Defense Association of Michigan, the National Association of Criminal Defense Lawyers, and the American Society of Group Psychotherapy and Psychodrama.
John Tarantino has been involved in many civil and criminal cases dealing with drunk driving, liquor liability and other alcohol related issues and has written and lectured widely on these subjects. He is the author of DWI Defense Forms (2d ed. James Publishing), Strategic Use of Scientific Evidence (Wiley Law Publications), is the Executive Editor of DWI Journal: Law & Science (Whitaker Newsletters), served as author of “The .10% Solution,” a monthly column featured in The Champion (National Association of Criminal Defense Lawyers), dealing with issues of drunk driving, from 1984 through 1990, is the author of the public informational brochure, “What Happens When Drunk Drivers Get Caught?” (Rhode Island Bar Association), and has written more than 200 articles on related topics.
A popular speaker and lecturer, John Tarantino has conducted drunk driving and forensic science seminars for the ABA, ATLA, American Law Institute, Rhode Island Bar Association, Rhode Island Trial Lawyers Association, Massachusetts Bar Association, Rhode Island Law Institute, Ohio Trial Lawyers Association, Capitol University Law School, Connecticut Bar Association, Vermont Trial Lawyers Association, Illinois Public Defenders, Illinois Attorneys for Criminal Justice, Prosecuting Attorneys Council of Georgia, Florida Criminal Defense Lawyers Association, National Association of Criminal Defense Lawyers, National College for DUI Defense, Law Education Institute, and many other state and local trial lawyer groups.
John Tarantino is also the author of the ATLA Audiotape, Legal and Scientific Challenges to Chemical Tests; the ALI-ABA Audiotape, How to Use Demonstrative Evidence to Defend a Drunk Driving Case; and the Whitaker Newsletter Videotape, Winning at Both Ends: Effective Opening and Closing Statements.
John Tarantino has served as a member of the ABA Criminal Justice Sections, National Committee on Drunk Driving and its Commission on Sanctions and Enforcement Techniques in Alcohol Related Offenses. He has served as a Vice Chairman of the ABA Science and Technology Sections Committee on Scientific Evidence. He is also a Regent and Treasurer for the National College for DUI Defense.
He is a member of the Rhode Island, Massachusetts and United States Supreme Court bars. From 1983 through 1992, he served as Chairman of Public Relations for the Rhode Island Bar Association. He served as Chairman of that Association’s Ethics and Professionalism Committee, in 1997-98, served as President of the Rhode Island Bar and in 2002-2003 served as President of the New England Bar Association.
John Tarantino is a member of DRI, an associate (defense) member of ATLA, a member of Defense Counsel of Rhode Island (where he served as president from 2003-2004 and was awarded the Exceptional Performance Citation), the Massachusetts Bar Association, the National Association of Criminal Defense Lawyers, the American Judicature Society, the ABA Section on Science and Technology, and is a provisional member of the American Academy of Forensic Science. He is a fellow of the American College of Trial Lawyers and a fellow of the International Academy of Trial Lawyers. He is listed in Best Lawyers in America® in the areas of Business Litigation, Criminal Defense and Personal Injury.
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