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Arizona DUI: A Manual for Police, Lawyers, and Judges, 2012-2013 Edition with CD-ROM

Arizona DUI: A Manual for Police, Lawyers, and Judges, 2012-2013 Edition with CD-ROM

Practical information for investigations, arrests, and testimony with a checklist for each step.


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    Special Note:Arizona DUI: A Manual for Police, Lawyers, and Judges contains even more information specific to Arizona DUI. This publication also includes the full text and all referenced cases on a newly enhanced CD-ROM.

    The Arizona manual contains practical information for peace officers' investigations, arrests, and testimony with a checklist for each step. Legal professionals will appreciate Judge Lankford's insight into the connection between officers' fieldwork and evidence collection. Definitions, testimony, challenges, experts, tests as evidence, procedures, sentencing and administrative courts are all covered.

    Some of the questions answered in Arizona DUI: A Manual for Police, Lawyers, and Judges:

  • What is the legal standard for reasonable suspicion of DUI?
  • When are roving checkpoints permissible?
  • Can a suspect be intoxicated and legally consent to a search?
  • What are the latest decisions on HGN?
  • What are an officer's options when a driver refuses a breath test?
  • When should blood tests be ordered to ensure accuracy?
  • Under what circumstances does a defendant not have the right to a second sample?
  • What issues with breath testing relate to blood-breath partition coefficient?
  • What are Sentencing Enhancements and how are they applied?

    • Introduction
    Acknowledgments
    About the Author

    Chapter 1. The Stop
    Checklist

    Chapter 2. Checkpoints
    Checklist

    Chapter 3. Searches
    Plain View
    Plain Smell
    Plain Squeeze
    Search Now or Later?
    Consent Searches
    Too Drunk to Consent?
    Who Can Consent?
    Canine Sniff Searches
    Vehicle Documents Searches
    Checklist

    Chapter 4. Observations of Intoxicated Behavior
    Behavior and Condition
    Field Sobriety Testing
    Standardized Field Sobriety Tests
    Checklist

    Chapter 5. Breath Testing
    Advice Regarding Refusal
    What Words or Acts Constitute Refusal?
    Procedure Upon Refusal
    Administering the Test
    The Breath Analyzer Device
    Breath Testing Regulations
    Checklist

    Chapter 6. Blood and Bodily Fluid Tests
    Blood, Breath, or Bodily Fluid?
    Gas Chromatography
    Enzymatic Analysis
    Rules for Blood Testing
    Obtaining a Sample
    Checklist

    Chapter 7. Defendant's Pretrial Rights
    The "Right" to Refuse Implied Consent
    Rights Upon Consent to a Test
    No Right to a Second Breath Sample
    Right to an Independent Test
    The Right to Counsel
    When Is the Right to Counsel Invoked?
    Interference With the Right to Counsel
    Right to Silence
    Remedies for Violations of Defendant's Rights: Dismissal of the Charges or Suppression of Evidence
    Checklist

    Chapter 8. Charging the Offense
    Civil Detention of Intoxicated Persons
    Other Alcohol Offenses
    The Non-DUI Alcohol and Driving Offenses
    Non-alcohol Traffic Offenses
    Other Non-alcohol Offenses
    Enhancement Allegations
    DUI Offenses
    Driving or In "Actual Physical Control"
    "Impaired to the Slightest Degree"
    Checklist

    Chapter 9. The DUI Case in Court
    The DUI Case in General
    The Section Two Case
    The Section One Case
    The Section Three Case
    Affirmative Defenses
    Extreme DUI
    Aggravated DUI
    Breath Test Evidence
    Challenges to Breath Test Evidence
    Blood Test Evidence
    Testimony about Field Sobriety Testing
    Expert Testimony
    Opinions that Defendant Was Intoxicated
    Other Proof Issues Relating to Intoxication
    Other Issues of Proof in DUI Cases
    Procedural Matters in DUI Cases
    Other Crimes
    Checklist

    Chapter 10. Sentencing
    Sentencing for DUI
    Sentencing for Aggravated DUI
    Sentencing for Extreme DUI
    Sentencing Enhancement and Reduction
    DUI Court
    Checklist

    Chapter 11. Administrative License Proceedings
    Overview
    Initiating the Proceeding
    The Hearing
    The Suspension
    Appeals

    Forms
    Table of Cases

     

    Jefferson L. Lankford


    Jefferson L. Lankford is a Judge of the Arizona Court of Appeals. Prior to his 1989 appointment to the bench, he practiced with the Phoenix law firm of Jennings, Strouss & Salmon, where he was chairman of the appellate practice group. As a lawyer and judge, has authored publications on a variety of legal topics, including trial and appellate practice, insurance, and constitutional law, and has been a regular lecturer for legal education programs. From 1990-1997, Judge Lankford was Co-Chair of the Arizona Appellate Handbook Committee. He is the former Chairman of the Editorial Board of the Arizona Attorney, the magazine of the State Bar of Arizona, and he currently chairs the Judicial Ethics Advisory Committee. Judge Lankford received his J.D. from the University of Virginia.

     

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