“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.
REVISION 32 HIGHLIGHTS
In the latest revision of Defending Drinking Drivers, Mr. Barone provides indispensable current information designed to keep you on the cutting edge of drunk driving law. This edition provides new text and case analysis in over 40 sections on numerous topics such as:
- Can a passenger be convicted of DUI?
- Is a disabled vehicle still a vehicle?
- Attacking per se statutes by arguing that they create an irrebuttable presumption of guilt.
- Sleep driving as an adverse reaction to Ambien.
- The perfect case in which to raise the raising blood alcohol defense.
- Emerging issues in source code litigation.
- Suppression of blood test results because of non-compliance with legal requirements.
- Tips for finding an appropriate expert witness.
- Imposing sanctions on the prosecution for failure to produce video or audio taped evidence.
- Testimony of person who actually tested blood not required to satisfy right of confrontation.
- Slow driving is insufficient for reasonable suspicion.
- The community caretaker exception as a justification for stopping a moving vehicle.
- Odor of marijuana does not establish probable cause.
- Warrantless entry of a home to make a DUI arrest.
- Dissipation of alcohol as exigent circumstances.
- Warrantless blood draws and implied consent statutes.
- Constitutionality of roadblocks.
- When a warrant may be necessary to administer field sobriety tests.
- When evidence of test refusal may be inadmissible as more prejudicial than probative.