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Barry Simons
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Barry Simons is a nationally known expert in DUI Defense who has spent the last 30 years fighting for driver's rights in Orange County's Courts. He is one of the Founding Members of the National College for DUI Defense and currently serves on that organizations 15 member Board of Regents. He is one of only 3 attorneys in the State of California to hold Board Certification in DUI Defense. In 2001, he was selected to serve as Vice-Chair of the DUI Advocacy Comm. of the National Assn. of Criminal Defense Attorneys. He is currently on the Bd. Of Directors of the California Deuce (DUI) Defenders and has qualified as a Specialist Member. He is rated "Preeminent" by Martindale-Hubble and has been selected to "Who's Who In American Law".
In 1998 he established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin) In 1999 he forced the D.M.V. to announce that they would cancel 4,700 drunk driving suspensions after exposing the OC Crime Lab's use of unapproved breath testing machines. (Trautman v DMV) In 2002 he exposed the O.C. Crime Lab's use of unapproved Blood Testing methods between 1996 - 2002 (Bite v Gourley) invalidating blood test suspensions for all of his clients during that entire period.
He followed in 2003 with Baker v Gourley which established the rule that DMV can't rely on police opinions of intoxication to suspend driver's license. His class action suit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood/breath and urine tests resulted in the decision in Nelson v. City or Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case he established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances.
His most recent case is currently before the United States Supreme Court in a challenge to "Roadblocks". Barry has presented his cases and lectured at seminars for DUI attorneys throughout the US on subjects including scientific evidence, legal motions, DMV practice and procedure and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. He is a "Contributing Editor" to "California Drunk Driving Law" the "Bible" of DUI Defense.
Website: Dui Lawyer Orange County
E-Mail: info@simonslaw.com
Telephone: 949-497-1729
