Defending Drinking Drivers

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 38 HIGHLIGHTS

Defending Drinking Drivers offers court-tested strategies, practice tips, arguments, forms, and recent cases to keep you on the cutting edge of drunk driving law.

In this edition:

LARGE LANGUAGE MODEL GENERATIVE ARTIFICIAL INTELLIGENCE—NEW CHAPTER 9:

• New Chapter 9 discusses this paradigm shifting technology: how it works, the benefits of using it in your practice, ethical issues, and advanced techniques for engineering prompts.

THE INTOXILYZER 9000—§231.8

• Distinguishing Ethanol from other Compounds in the Breath
• Slope Detection to Flag Mouth Alcohol
• Histograms
• Use of Reference Standards
• Availability of Historical Data

ADVANCED AUTOMOTIVE TECHNOLOGIES FOR DETECTING IMPAIRED DRIVING—§265

• Photoplethysmography, Smart Steering Systems, Facial Temperature, and Bioimpedance of Body Tissues
• Limitations of Existing and Emerging Technologies for Passive Alcohol Monitoring in Cars

INTERVIEWING AND WORKING WITH THE CLIENT—§§302, 309

• Importance of Obtaining the Client’s Personal History, Background, and Life Circumstances
• Navigating Treatment Options for Clients

THE MARIJUANA DUI—§590

• The Precariousness of Legal Limits for Marijuana
• Ineffectiveness of Field Sobriety Tests for Marijuana
• Sample Motion to Dismiss or Suppress FST and Blood Test Evidence

PRE-SENTENCING MEMORANDUMS AND CHARACTER LETTERS—§§713, 714

• Drafting Persuasive Pre-Sentencing Memorandums and Character Letters
• Leveraging Character Letters and Avoiding Common Mistakes

AND MORE!