Description
“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
“In two thorough yet easily accessible volumes, Patrick Barone lays out the factors involved in representing individuals with driving under the influence. As a criminal defense lawyer for (well) over twenty years, I can tell you that driving under the influence cases can be more demanding than even most felonies…That being said, this is an excellent resource and more than worth the nominal investment required to purchase it.”
— Steve Reina
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.
Cross-Examining Witnesses
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.
Expert Witnesses
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 37 HIGHLIGHTS
Defending Drinking Drivers offers court-tested strategies, practice tips, arguments, and recent cases to keep you on the cutting edge of drunk driving law. Get the tactics, motions, case law, and sample examinations you need to help your client prevail.
New in this edition:
VEHICULAR HOMICIDE:
- Causation in Vehicular Homicide Cases. §152
- When Is a Victim-Driver’s Intoxication a Supervening Intervening Event? §152
- Failure to Request Involuntary Manslaughter Instruction as Ineffective Assistance of Counsel §154.7
SCIENTIFIC AND TECHNICAL ASPECTS OF CHEMICAL TESTING:
- Inherent Variability in Chemical Test Measurements. §211.1
- Why Breath Alcohol Tests Can Be Significantly Higher than Venous Blood Tests. §229
• Alcohol Absorption. §229.1
• Alcohol Distribution. §229.2
• Alcohol Elimination. §229.3
• Breath vs. Blood-Alcohol Testing. §229.4
• How Is This Science Relevant to the Defense of Allegedly Intoxicated Drivers? §229.5
• How to Use This Information in Your Next DUI Trial. §229.6
BREATH TEST EVIDENCE
- What to Look for When Reviewing the Breath Test Video. §312.6
- Breath Test Logs: Are They Testimonial? §516.6
DOUBLE JEOPARDY
- Conviction of Misdemeanor Failure to Yield Precluded Prosecution for Felony DUI Causing Death. §531.7
TRIAL TACTICS
- The ABT Method for Preparing Opening Statements. §620
AND MORE!
Steve Reina –
In two thorough yet easily accesible volumes, Patrick Barone lays out the factors involved in representing individuals with driving under the influence.
As a criminal defense lawyer for (well) over twenty years, I can tell you that driving under the influence cases can be more demanding than even most felonies.
An honest provider of legal services, I tell my incoming driving under the influence clients that they face a steeper challenge to obtaining victory than in most other cases. This is because either by blood or breath testing it is so easy for the police to secure incriminating evidence against the alleged violators. Also, more routinely now than ever before, police squad cars are equipped with video surveillance equipment to prove that the person in question was both driving and driving (usually) very poorly.
Accordingly, the cases where I have either prevailed at jury trial on these matters or more frequently on pre trial motion have been among the most hard won victories in my entire career. In this regard, I’m proud to say that in this area where the evidence has shown someone to be wrongfully accused, the system has recognized it and provided that individual with exoneration. This is not a product particularly of my skills but rather the inherent fairness of a process that has taken now over two centuries to refine…our American legal tradition.
That being said, this is an excellent resource and more than worth the nominal investment required to purchase it.
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Robert Malleis –
very informative and detailed…
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