California Drunk Driving Law

Description

“In more than 30 years of DUI practice, I have found no more comprehensive, current or entertaining book on California DUI law. Simply the most comprehensive, up to date treatment of California DUI law ever written.”

— J. Thomas Sherrod, Fremont

“Absolutely the best drunk driving book in the state. With California Drunk Driving Law and nothing else, you’ll look like an old hand even in your first case. And you’ll still be using it in your one hundredth case.”

— Grace L. Suarez, Assistant Public Defender, San Francisco

California Drunk Driving Law has long been referred to as “the bible of DUI defense,” and for good reason. This two-volume treatise remains indispensable for both newer attorneys seeking fundamental information about such things as charges, sentencing, and license suspension actions, and veteran attorneys looking for more detailed analysis on scientific issues, trial tips, and writs and appeals.

Most attorneys do not realize how many solid DUI defenses exist, and so plead instead of fight their cases. The enormous complexity of California DUI law has created painful traps for the unwary, so wise guidance is essential.

California Drunk Driving Law is the number one book in its field. From arrest to punishment, and additional charges to DMV hearings, this practical work overflows with cutting-edge tactics, analysis, and tools for mounting a successful defense. The best source of DUI wisdom has been written by Paul Burglin, Barry Simons, and Ed Kuwatch. The book is chock-full of:

• Creative defenses. Hundreds of decision-based arguments, generated by the authors in their decades of creative DUI practice and collected from successful DUI practitioners statewide, bring real leverage to your plea bargaining, trials, and DMV proceedings.
• Heavily supported motions. Crafted, tested, and polished by top DUI lawyers, these practice-proven documents will materially raise the level of your advocacy. The book has over 120 forms that can be accessed digitally and modified to your case.
• Answers and solutions. 95% of the questions that arise in day-to-day DUI practice are addressed. References to other sources are provided for the other 5%.
• Authoritative interpretation of the law. Over 1,700 cases and every relevant statute and regulation are analyzed and cited.

For answers to all your client’s questions (and yours), turn to California Drunk Driving Law. This invaluable book provides the most complete coverage of state DUI practice available.

Learn what to say to your client when:

• He asks, “What is the punishment for drunk driving?”
• Your client calls because his driver’s license was taken at the time of arrest.
• The client refused a chemical test.
• The city or county sent your client a bill for “arrest services.”
• Your client is worried about losing his job.
• The conviction occurred long ago, but now the DMV won’t issue a driver’s license.
• The car was impounded.
• Your client is worried about the future cost of insurance if he is convicted.
• You want to assure your client of your knowledge and expertise.

Valuable Tips

Pretrial

• How to deal with threats to punish the defendant for insisting on a trial.
• How to remind the prosecution of the police’s potential civil liability for failure to turn over material evidence.
• Why you may not want to enter a general time waiver when setting trial for a defendant not in custody, but merely consent to a date certain.
• How to avoid half-day trials.
• How to counter a discovery denial based on copyright infringement.
• How to overcome Lively’s “could have been arrested for public intoxication” theory when the arrest is for attempted drunk driving.
• How to persuade a hospital not to disclose blood test results obtained during treatment, with model letter.

Trial

• Four techniques for defending against the breath-based per se charge.
• Suppressing Preliminary Alcohol Screening (P.A.S.) test results at trial.
• Impeaching a cop’s expert opinion on impairment by showing that the Federal NHTSA-recommended methods were not used.
• Proving a cop’s method of administering the Horizontal Gaze Nystagmus test is not generally accepted.
• How to block prosecution experts from testifying in low BAC cases that the defendant was mentally impaired even though he or she showed no signs of physical impairment.
• When to admit a prior conviction sentence enhancement allegation.

Punishment

• How to circumvent the court’s lack of authority to grant a second offender work/DUI Program restricted license.
• Obtaining an ignition interlock restricted license prior to the end of the full suspension or revocation period.
• How to convince collection agencies to drop claims for emergency response costs.
• Many attorneys mistakenly think the DMV is requiring completion of a DUI Program prior to reinstatement of full driving privileges after a wet reckless conviction.

Radar and Speed Defenses

• How and when to assert jurisdictional speed trap defects.
• What to discover when airplanes or helicopters are used for speed enforcement.
• How to challenge radar-based speed trap violations of prima facie speed limits.

DMV Proceedings

• How to block DMV hearing continuances without good cause, with 8-page motion.
• What to do when the DMV takes additional evidence in violation of Vehicle Code provisions.
• Why you should always discover form DS 393, and how to use it to block admission of police-drafted documents, with pattern discovery request.

REVISION 19 HIGHLIGHTS

The 2024 revision of California Drunk Driving Law discusses important developments in California case law and statutes. Updates were made and additional insights were added to the following sections::

CHAPTER 1 DRUNK DRIVING OFFENSES

• §1:37 Prosecutorial Shell Game Pleadings and Offers
• §1:54 Boating Under the Influence
• §1:54.1 Operating A Vessel, Aquaplane, or Similar Device Under the Influence

CHAPTER 2 ADDITIONAL CHARGES

• §2:15.10 Speed Trap Law Applies Where Defendant Exceeds the Maximum Speed Limit in a Prima Facie Speed Zone
• §2:16.4 Duty To Report Accident (SR1 Form); License Suspension And Restricted License Eligibility

CHAPTER 3 ARRAIGNMENT AND PRETRIAL MATTERS

• §3:58.6 Inviting Judge to Dismiss (Pen. C. §1385)

CHAPTER 5 DISCOVERY

• §5:100 Discovery Of Officer’s Personnel File And Citizen Complaints (Pitchess And Johnson Motions)

CHAPTER 6 OTHER PRETRIAL MOTIONS

• §6:11.9.1 Appealing Improper Denial of Challenge
• §6:100 Motion For Relief Under Racial Justice Act

CHAPTER 7 SEARCH AND SEIZURE

• §7:20.44 Ordering Driver or Passenger Out of Vehicle
• §7:61.2 Involuntary Consent to Search

CHAPTER 8 DIVERSION AND THE SUSPENSION OF PROCEEDINGS

• §8:20.1 Exception for Mentally Incompetent Defendants

CHAPTER 9 TRIAL DEFENSE OF DUI IN CALIFORNIA

• §9:18 Mask Wearing — Coronavirus Pandemic
• §9:91.13 Appeals to Passion, Victimization, or Public Condemnation of Acquittal

CHAPTER 10 PUNISHMENT

• §10:121 Criminal Record Clearance by Either Petition or by Department of Justice
• §10:127 Sealing Juvenile Records

CHAPTER 11 DMV PROCEEDINGS

• §11:61.2 Judicial Review of Continuance Denial

AND MORE!