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DUI Answers, Arguments, and Tips
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.
Comprehensive and practical
For answers to all your client's and your questions, turn to Ed Kuwatch's California Drunk Driving Law. This two-volume treatise, now authored by California DUI defense lawyers Barry T. Simons and Paul Burglin, provides the most complete coverage of statewide DUI practices and defenses.
Its content focuses on the issues that arise in daily practice. You will find detailed forms, defenses, strategies, and solutions for:
- License suspensions and DMV hearings
- Vehicle impoundment
- Priors motion and trial
- Felony prosecutions based on priors
- Chemical test: discovery and evidence
- Injury and death offenses
- Motions to suppress evidence
- Plea bargaining
- Multiple pending charges
- Trial evidence
- Jury instructions
- P.A.S. and H.G.N.
- Alternative sentencing options
- Appeals and writs
Loaded with valuable tips
For decades Mr. Kuwatch had gathered solutions to the challenges facing DUI practitioners. This tradition has passed to California DUI defense attorneys Barry T. Simons and Paul Burglin. From arrest to punishment, and additional charges to DMV hearings, the authors have filled the treatise, California Drunk Driving Law, with practice-tested strategies and arguments like these:
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 should not enter a general time waiver when setting trial for a defendant not in custody, but instead should 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.
Use this defense to violation of the 55 mph maximum speed limit where appropriate signs are not posted, and this second defense if the highway has three lanes.
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.
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.
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.
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.
For more details regarding DUI defense and/or ordering information may be found at: http://www.jamespublishing.com/books/cddl.htm