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 18 HIGHLIGHTS

The 2023 revision of California Drunk Driving Law by Paul Burglin and Barry Simons discusses important developments in California case law and statutes. Updates were made and additional insights were added to the following sections: Updates were made and additional insights were added to the following sections:

CHAPTER 1 DRUNK DRIVING OFFENSES

• §1:11.12 Multiple Charges From Same Act or Course of Conduct
• §1:15.2 VC §23550.5: Felony-Punished Drunk Driving With Separate Offense Within 10 Years
• §1:34 Drunk Driving Murder (Watson)

CHAPTER 2 ADDITIONAL CHARGES

• §2:84.3 V.C. 2800.3 (Evading Causing Serious Injury or Death)
• §2:84.4 V.C. 2800.4 (Evading On Wrong Side of Road)
• §2:84.5 Punishment And Jury Instructions For Evading

CHAPTER 3 ARRAIGNMENT AND PRETRIAL MATTERS

• §3:22.3 Bail, O.R. Release, And Factors To Be Considered
• §3:92 Withdrawal Of Counsel / Preservation of Client Confidences

CHAPTER 5 DISCOVERY

• §5:100.8 False Statements By Peace Officer a Crime

CHAPTER 7 SEARCH AND SEIZURE

• §7:11.2 Detention vs. Consensual Contact
• §7:11.3 Informing Arrestee of Reason for Detention and/or Arrest
• §7:20.33 Nervous and Evasive Behavior; Ordering Driver Out of Car
• §7:38 Probable Cause to Believe 0.08% or More or Under The Influence
• §7:62 Probation and Parole Searches In General
• §7:63.1 Pat-Down Search Prior To Arrest
• §7:67 Place and Manner of Drawing Blood Must Be Medically Reasonable
• §7:84.4 Continuance of Hearing

CHAPTER 9 TRIAL DEFENSE OF DUI IN CALIFORNIA

• §9:05 Batson/Wheeler Challenges: Unlawful Discrimination in Jury Selection
• §9:23.1 Continuance Based On Defendant’s Non-Appearance
• §9:25.1 Necessity To Renew Pretrial Motions To Exclude Evidence Or Argument
• §9:28.13 Exclusion of Witnesses; Exception for Investigator and Possibly Expert Witness

CHAPTER 10 PUNISHMENT

• §10:26.16 Staying Out of Places Where Alcohol Is Primary Item of Sale
• §10:26.17 Search & Seizure Waiver Condition
• §10:27.18 Requiring Approval of Residence or Leaving Stat

AND MORE!