Hardcover

Drunk Driving Defense, Seventh Edition

0735592977

Drunk Driving Defense, Seventh Edition

Contributor(s)
By (author) Lawrence E. Taylor
By (author) Steven Oberman
Update Frequency
Updated annually
Last Update
06/25/2014
Available formats
$365.00
Quantity pricing available

Details

For even the most seasoned attorneys, defending DUI cases has always presented special challenges. Today—due to legislative developments, the introduction of incredibly sophisticated blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate—mounting a successful defense is more difficult than ever.

The new Seventh Edition of Drunk Driving Defense is updated to reflect recent developments which includes a new section on Sentencing of Non-Citizens; detailed information about the SCRAM® ( Secure Continuous Remote Alcohol Monitor) device; updated state-by-state listing of DMV contacts; and expanded discussions on the offense of DUI by marijuana, the source code issue in breath testing devices, and how recent U.S. Supreme Court cases impact the admissibility of chemical test evidence in a DUI case.

Drunk Driving Defense provides hard-hitting tactics every step of the way, from the administrative license suspension hearing, to the pretrial investigation, to cross-examination of police and expert witnesses, and finally to the jury summation itself. You’ll be fully briefed on the statutory and case law, evidentiary issues and procedures applied in federal and state courts nationwide.

With Drunk Driving Defense, you’ll discover practice-proven DUI defense strategies and techniques on:

  • Increasing the odds of success at the administrative license suspension hearing
  • Using pretrial discovery and suppression motions to weaken a case or get it dismissed
  • Discrediting field sobriety tests using leading-edge techniques
  • Using newly-developed voir dire strategies to help lay the foundation for a solid defense and a powerful jury summation
  • Strengthening your case using recent developments in breath, blood and urine analysis

You’ll also find clear explanations of key scientific and technological issues, and practical tools to streamline case preparation and presentation

Written by Lawrence Taylor and Steven Oberman, Drunk Driving Defense is generally considered to be the standard-bearing reference in the field.

View video of Lawrence Taylor: "How to Defend The DUI Client"

Drunk Driving Defense, Lawrence Taylor Video

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ISBN: 9780735592971
Pages: 256
SKU: 0735592977
ETA: Available: Item ships in 3-5 Business Days

PART I CRIME AND PUNISHMENT

Chapter 1 THE OFFENSE

  • §1.01 The Nature of the Crime
  • §1.02 The Corpus
  • §1.03 What Constitutes “Driving”?
  • §1.04 Under the Influence of Alcohol
  • §1.05 The “Per Se” Violation
  • §1.06 Under the Influence of Drugs
  • §1.07 Felony Drunk Driving
  • §1.08 Civil Liability
  • §1.09 Inchoate and Accomplice Liability
  • §1.10 Affirmative Defenses

Chapter 2 THE SENTENCE

  • §2.01 Sentencing in the DUI Case
  • §2.02 Statutory Enhancements: Refusal, Speed, and Other Factors
  • §2.03 Alternative Sentencing
  • §2.04 Multiple Punishment
  • §2.05 Probation Violation Hearings

Chapter 3 THE ADMINISTRATIVE LICENSE SUSPENSION

  • §3.01 Implied Consent
  • §3.02 The Administrative Hearing
  • §3.03 The “Per Se” Suspension (.08 percent)
  • §3.04 The Refusal Suspension
  • §3.05 The FAA and Pilot License Suspensions
  • §3.06 Interstate Driver's License Compact

Chapter 4 DUI AS A FEDERAL CRIME

  • §4.01 Introduction
  • §4.02 DUI on Land Administered by the National Park Service
  • §4.03 DUI on Other Federally Owned Land
  • §4.04 Issues Applicable to All Federal Lands

PART II EVIDENCE

Chapter 5 FIELD EVIDENCE

  • §5.01 Field Evidence and the Arresting Officer
  • §5.02 Driving Symptoms
  • §5.03 Appearance and Behavior of Defendant
  • §5.04 Field Sobriety Tests
  • §5.05 Drug (Recognition) Evaluation and Classification
  • §5.06 Preliminary Breath Tests
  • §5.07 Audiotapes and Videotapes

Chapter 6 INTRODUCTION TO BLOOD-ALCOHOL ANALYSIS

  • §6.01 Forensic Alcohol Analysis
  • §6.02 Alcohol and the Human Body
  • §6.03 Retrograde Extrapolation: Projecting Test Levels Back to Time of Driving
  • §6.04 General Sources of Error

Chapter 7 BREATH ANALYSIS

  • §7.01 The Reliability of Breath-Alcohol Analysis
  • §7.02 Nonspecific Analysis
  • §7.03 Mouth Alcohol
  • §7.04 Additional Sources of Error
  • §7.05 The Machines

Chapter 8 BLOOD AND URINE ANALYSIS

  • §8.01 Blood Analysis
  • §8.02 Urinalysis

PART III PRE-TRIAL

Chapter 9 ANALYSIS AND ARRAIGNMENT

  • §9.01 Initial Client Contact
  • §9.02 Case Investigation
  • §9.03 Analysis of the Case
  • §9.04 The Arraignment
  • §9.05 Plea Bargaining Considerations

Chapter 10 PRIOR CONVICTIONS

  • §10.01 The Prior DUI Conviction
  • §10.02 Prosecutorial Burden
  • §10.03 Bifurcation of Trial

Chapter 11 DISCOVERY

  • §11.01 Discovery of DUI Evidence
  • §11.02 Preservation and Production of Blood/Urine Sample
  • §11.03 Preservation and Production of the Breath Sample: Trombetta
  • §11.04 The Discovery Motion
  • §11.05 The Subpoena Duces Tecum

Chapter 12 SUPPRESSION OF EVIDENCE

  • §12.01 Probable Cause to Stop, Detain, and Arrest
  • §12.02 The Fallibility of Radar Devices
  • §12.03 Sobriety Checkpoints: Sitz
  • §12.04 Unlawful Arrest
  • §12.05 Incriminating Statements
  • §12.06 Refusal Evidence
  • §12.07 Field Evidence
  • §12.08 Blood-Alcohol Evidence
  • §12.09 Other Evidence
  • §12.10 The Suppression Motion

PART IV TRIAL

Chapter 13 SETTING THE STAGE

  • §13.01 Jury Selection
  • §13.02 The Opening Statement
  • §13.03 Using Demonstrative Evidence
  • §13.04 Keeping the Prosecution in Line

Chapter 14 CROSS EXAMINATION

  • §14.01 The Arresting Officer
  • §14.02 Techniques for Cross-Examination of the Officer
  • §14.03 Cross-Examination of Arresting Officer
  • §14.04 The Breath Operator and/or Blood-Alcohol Expert: Strategy and Techniques
  • §14.05 Illustrative Cross-Examination of Operator/Expert
  • §14.06 Illustrative Cross-Examination of the Percipient Witness

Chapter 15 THE DEFENSE

  • §15.01 The Sobriety Witness
  • §15.02 The Defense Blood-Alcohol Expert
  • §15.03 The Defense Police Expert
  • §15.04 Should the Defendant Testify?

Chapter 16 CLOSING

  • §16.01 Summation: Strategy and Illustration
  • §16.02 Jury Instructions Resources

Table of Cases

Index

Contributor(s)

A former Marine and graduate of the University of California at Berkeley (1966) and the UCLA School of Law (1969), Lawrence Eric Taylor served as deputy public defender and deputy district attorney in Los Angeles before entering private practice. He was the trial judge's legal advisor in People vs Charles Manson, was Supreme Court counsel in the Onion Field murder case and was retained by the Attorney General of Montana as an independent Special Prosecutor to conduct a one-year grand jury probe of governmental corruption.

Turning to teaching, Mr. Taylor served on the faculty of Gonzaga University School of Law, where he was voted Professor of the Year, was invited to be Visiting Professor at Pepperdine University Law School, and was finally appointed Fulbright Professor of Law at Osaka University in Japan.

With over 33 years of experience, Lawrence Taylor is the author of over thirty articles and 13 books, including the standard text on DUI / DWI litigation, Drunk Driving Defense, 6th edition (N.Y.: Aspen Law and Business) and California Drunk Driving Defense, 3rd edition (St. Paul, MN: West Publishing). He is one of only 4 DUI attorneys in California who is Board-certified as a DUI defense specialist.

Over the past twenty-five years Mr. Taylor has proven a popular lecturer on DUI trial techniques and constitutional issues at over 200 CLE seminars in 38 states, including those sponsored by the American Bar Association, Association of Trial Lawyers of America, National Association of Criminal Defense Lawyers and numerous state bar associations including the California State Bar. He was one of the original thirteen founders of the National College for DUI Defense, served on the Board of Regents and was elected Dean for 1995-1996. On July 25, 2002, at Harvard Law School, Mr. Taylor was presented with the National College's Richard Erwin Lifetime Achievement Award.

Since graduating from the University of Tennessee Law School in 1980, Mr. Oberman has established himself nationally as an authority on the intricacies of DUI law. Early in his practice, Mr. Oberman developed an extensive knowledge of defending those charged with the crime of driving under the influence. This knowledge, combined with his background in the sciences, gave Mr. Oberman a unique perspective in defending those accused of DUI. As a Tennessee DUI attorney, Mr. Oberman has successfully represented over two thousand clients charged with DUI. In 2006, Mr. Oberman became the first DUI lawyer in Tennessee to be recognized by the Tennessee Commission on Continuing Legal Education and Specialization as a certified specialist in the area of DUI Defense law.

Mr. Oberman has handled cases from the General Sessions Court all the way to the Tennessee Supreme Court. In 2008, Mr. Oberman argued a DUI case before the Tennessee Supreme Court. The Court unanimously agreed with Mr. Oberman's legal analysis and dismissed the case. Mr. Oberman has been an adjunct professor at the University of Tennessee Law School since 1993 and has received prestigious awards for his faculty contributions. Mr. Oberman maintains the highest rating from the renown Martindale-Hubbell™ rating system. He has been chair or co-chair of the National Association of Criminal Defense Lawyers' DUI Committee since 1995.

Tennessee DUI lawyer Steve Oberman is a popular speaker at seminars throughout the United States on various topics relating to DUI defense. His audiences have included seminar attendees of the National College for DUI Defense, Inc., the American Bar Association, and the National Association of Criminal Defense Lawyers. Mr. Oberman has spoken to various bar associations and organizations in more than fifteen states in addition to Tennessee, and a Court Clerks Meeting in Cambridge, England.

Mr. Oberman not only educates defense lawyers and the judiciary, but also the prosecution, having lectured in training seminars for The Great Smoky Mountain National Park Rangers, and for the Tennessee District Attorney Generals Conference. He has also had the honor of lecturing at the FBI Academy in Quantico, VA on the topic of courtroom testimony. Furthermore, Mr. Oberman was the only private practitioner in the country to participate in a NHTSA sponsored symposium of the Feasibility of Per Se Laws for Drugged Driving which was held in Washington, D.C.

He is a graduate of the DUI and Traffic Safety Faculty Development Workshop, developed by NHTSA and taught at the National Judicial College in Reno, Nevada. He is periodically designated as Special Judge for the Knox County, Tennessee Sessions Court. Mr. Oberman's practice, however, is not limited to DUI defense. He handles other types of cases as well.

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