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Drunk Driving and Related Vehicular Offenses

Drunk Driving and Related Vehicular Offenses

This one-volume, bound publication shows the DUI practitioner how to sell himself to the client, select a jury, cross-examine the arresting officer, and deliver a strong closing argument. Subjects discussed include chemical and field sobriety testing, DUI and drug recognition, double jeopardy, administrative driver's license hearings, expert witnesses, defenses, jury instructions, sentencing, and non-DUI vehicular offenses, including murder, manslaughter, vehicular homicide, and reckless driving. The Fifth Edition, published in 2010, is updated with new case law and practical advice and includes a new Trial Notebook for use in organizing and preparing for trial. Practical materials include the author's Top Twenty Tips for Defending DUI Cases and a large assortment of sample forms for pleadings, motions, correspondence, and other uses.


Availability: In Stock
Publisher :LexisNexis Electronic Publications
Format: mobi , eBook

ISBN: 9781579111144

2012
 
$195.00
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    In today's courts, there is no crime more aggressively legislated, prosecuted, or adjudicated than driving while under the influence of alcohol or drugs. This one-stop resource demystifies a complex area of law, analyzing exhaustively the many available avenues of prosecution and lines of defense. Noted DUI expert Robert S. Reiff, rated the most effective DUI advocate in South Florida in a 1991 Miami Herald study, shows you how to sell yourself to your client, select a jury, cross-examine the arresting officer, and deliver a strong closing argument. He offers his "Top Twenty Tips for Defending DUI Cases" and provides a large assortment of proven forms for pleadings, motions, correspondence, and other uses. Learn from the Master DUI Practitioner, who has taught thousands of attorneys how to better manage their practices, win their cases, and increase their profits.

    Covers numerous topics relevant to DUI and other driving offenses, including:



    •Physical sobriety exercises
    •Breath, urine, and blood tests
    •Double jeopardy limitations on prosecutions
    •Administrative driver's license hearings
    •Entrapment and necessity defenses
    •Jury instructions
    •Expert witness preparation and examination
    •Sentencing
    •Accident investigation and reconstruction
    •DUI and drug recognition
    •Boating under the influence
    •Murder, manslaughter, vehicular homicide, reckless driving, and other serious vehicular offenses

    A new "Trial Notebook" has been added to assist you in trial preparation. The Appendices include dozens of sample forms and motions to streamline your practice, along with sample questions for jurors and witnesses, and a wealth of other helpful materials for the DUI practitioner.

    CHAPTER 1 FOREWORD
    CHAPTER 2 THE BASICS
    CHAPTER 3 THE INITIAL CLIENT MEETING: HOW TO SELL YOURSELF TO THE CLIENT
    CHAPTER 4 THE STOP AND ARREST
    CHAPTER 5 PHYSICAL SOBRIETY EXERCISES
    CHAPTER 6 ROADBLOCKS
    CHAPTER 7 BREATH AND URINE TESTING
    CHAPTER 8 REFUSAL TO SUBMIT TO THE BREATH TEST
    CHAPTER 9 BLOOD TESTS
    CHAPTER 10 ADMINISTRATIVE DRIVER'S LICENSE HEARINGS
    CHAPTER 11 LIMITATIONS ON PROSECUTIONS: THE DOUBLE JEOPARDY CLAUSE AND THE STATUTE OF LIMITATIONS
    CHAPTER 12 JURY SELECTION
    CHAPTER 13 CROSS-EXAMINATION OF THE ARRESTING OFFICER
    CHAPTER 14 DUI AND THE ENTRAPMENT, NECESSITY, AND SLEEP DISORDER DEFENSES
    CHAPTER 15 EXPERT WITNESSES
    CHAPTER 16 THE CLOSING ARGUMENT
    CHAPTER 17 JURY INSTRUCTIONS
    CHAPTER 18 MURDER, MANSLAUGHTER, VEHICULAR HOMICIDE, DUI WITH SERIOUS BODILY INJURY AND FELONY DUI
    CHAPTER 19 DUI AND DRUG RECOGNITION
    CHAPTER 20 SENTENCING
    CHAPTER 21 ACCIDENT INVESTIGATION AND RECONSTRUCTION
    CHAPTER 22 MY TOP TWENTY TIPS FOR DEFENDING DUI CASES (OR ... IF YOU READ NOTHING ELSE IN THIS BOOK, READ THIS CHAPTER!)
    CHAPTER 23 SOME OTHER SERIOUS VEHICULAR OFFENSES
    CHAPTER 24 DUI IN A CIVIL CONTEXT
    CHAPTER 25 BOATING UNDER THE INFLUENCE
    CHAPTER 26 THE LIGHTER SIDE OF DRUNK DRIVING ...
    CHAPTER 27 THE TRIAL NOTEBOOK
    Appendix A    COMMONLY ASKED QUESTIONS
    Appendix B    ADMINISTRATIVE HEARING CHECKLIST
    Appendix C    DUI RETAINER AGREEMENT
    Appendix D    INITIAL CASE FILE CHECKLIST
    Appendix E    VIDEOTAPE REVIEW FORM
    Appendix F    DUI CLIENT INTERVIEW SHEET
    Appendix G    SAMPLE DUI JURY SELECTION QUESTIONS
    Appendix H    EXPERT WITNESS LETTER
    Appendix I    THE FIRM BROCHURE
    Appendix J    WRITTEN PLEA OF NOT GUILTY
    Appendix K    NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY AND DEMAND FOR VIEW OF EVIDENCE
    Appendix L    NOTICE TO STATE AND DEFENDANT'S MOTION FOR PRESERVATION AND PRODUCTION OF BLOOD SAMPLE FOR INDEPENDENT CHEMICAL ANALYSIS
    Appendix M    GLOSSARY OF CHEMICAL TERMINOLOGY
    Appendix N    BREATH TESTING "HOUSE OF CARDS"
    Appendix O    SOME SAMPLE QUESTIONS FOR THE BLOOD/URINE LABORATORY DIRECTOR
    Appendix P    SOME SAMPLE QUESTIONS FOR THE PERSON WHO DREW THE DEFENDANT'S BLOOD
    Appendix Q    DEFENDANT'S MOTION IN LIMINE TO PRECLUDE USE OF THE WORD TEST AND OTHER RELATED TERMS IN REGARDS TO THE PHYSICAL SOBRIETY EXERCISES
    Appendix R    DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF CIVIL PENALTIES FOR ALLEGEDLY REFUSING TO SUBMIT TO A BREATH TEST AND INCORPORATED MEMORANDUM OF LAW
    Appendix S    DRIVING UNDER THE INFLUENCE: ADMINISTRATIVE HEARING VS. CRIMINAL CASE EXPLANATION CHART
    Appendix T    FIELD SOBRIETY TEST PERFORMANCE REPORT
    Appendix U    LETTER TO INSURANCE COMPANY
    Appendix V    WEATHER DOCUMENTS REQUEST LETTER
    Appendix W    PUBLIC RECORDS REQUEST SAMPLE LETTER
    Appendix X    DEFENDANT'S MOTION TO SUPPRESS STATEMENTS MADE IN REFUSING THE BREATH TEST AND INCORPORATED MEMORANDUM OF LAW
    Appendix Y    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE: LACK OF PROBABLE CAUSE FOR DUI ARREST
    Appendix Z    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE: LACK OF PROBABLE CAUSE FOR DUI ARREST
    Appendix AA    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DUE TO AN UNLAWFUL SEARCH OF A VEHICLE AND INCORPORATED MEMORANDUM OF LAW
    Appendix BB    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE: LACK OF REASONABLE SUSPICION FOR STOP
    Appendix CC    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DUE TO AN IMPROPER TRAFFIC STOP BASED ON AN ANONYMOUS TIP
    Appendix DD    DEFENDANT'S MOTION IN LIMINE TO PRECLUDE THE STATE'S WITNESSES FROM RENDERING THEIR OPINION AS TO THE DEFENDANT'S ALLEGED IMPAIRMENT
    Appendix EE    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE DUE TO UNREASONABLE DELAY TO ARREST AND INCORPORATED MEMORANDUM OF LAW
    Appendix FF    DEFENDANT'S MOTION TO DISMISS FOR "LEGAL JUSTIFICATION"/ENTRAPMENT AND INCORPORATED MEMORANDUM OF LAW
    Appendix GG    DEFENDANT'S MOTION FOR A JUDGMENT OF ACQUITTAL FOR LACK OF CREDIBLE, DIRECT EVIDENCE OF GUILT AS TO THE CHARGE OF DRIVING UNDER THE INFLUENCE
    Appendix HH    BEER ALCOHOL CONTENT
    Appendix II    STATE-BY-STATE LISTING OF DEPARTMENT OF PUBLIC SAFETY/MOTOR VEHICLES OFFICES
    Appendix JJ    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE FOR LACK OF PROBABLE CAUSE TO ARREST, AND TO EXCLUDE AT TRIAL THE RESULTS AND THE CONDUCT OF THE PERFORMANCE OF THE FIELD SOBRIETY EXERCISES AND INCORPORATED MEMORANDUM OF LAW
    Appendix KK    ALCOHOLICS ANONYMOUS ATTENDANCE SHEET
    Appendix LL    DEFENDANT'S PLEA OF NOLO CONTENDERE IN ABSENTIA TO THE AMENDED CHARGE OF RECKLESS DRIVING
    Appendix MM    DEFENDANT'S PLEA OF NOLO CONTENDERE IN ABSENTIA
    Appendix NN    EXPERT WITNESS LIST
    Appendix OO    THE DUI PENALTIES LETTER
    Appendix PP    BUI INTERVIEW SHEET
    Appendix QQ    SAMPLE LETTER REQUESTING LABORATORY TESTING METHODS
    Appendix RR    DEFENDANT'S MOTION TO SUPPRESS EVIDENCE OF PERFORMANCE OF PHYSICAL SOBRIETY EXERCISES AND OTHER EVIDENCE DUE TO AN UNLAWFUL SEARCH AND INCORPORATED MEMORANDUM OF LAW
    Appendix SS    LETTER TO CLIENT CONCERNING HARDSHIP LICENSE
    Appendix TT    SAMPLE LETTER TO TREATING PSYCHOLOGISTS
    Appendix UU    REQUEST FOR OFFICER PERSONNEL RECORDS
    Appendix VV    POST REPRESENTATION FEEDBACK LETTER
    Appendix WW    MISCELLANEOUS FLORIDA STATUTES
    Appendix XX    FLORIDA ADMINISTRATIVE CODE: BREATH AND BLOOD TESTING
    Appendix YY    SAMPLE LETTER REQUESTING BREATH ALCOHOL TESTING MAINTENANCE DOCUMENTS, ROOM LOGS, AND RUNNING LOGS FOR INTOXILYZER 80-00
    Appendix ZZ   JUROR QUESTIONNAIRE
    Appendix AAA   SUPPLEMENTAL JURY QUESTIONNAIRE
    Appendix BBB   DEFENDANT'S RESPONSE TO RECIPROCAL DISCOVERY DEMAND: DEFENSE WITNESS LIST
    Appendix CCC   DEFENSE REQUESTED JURY INSTRUCTION: LEAVING THE SCENE OF AN ACCIDENT WHERE THERE IS NO DAMAGE TO THE VEHICLES
    Appendix DDD   MIRANDA & THE DUI DEFENDANT
    Appendix EEE   LEVELS OF PROOF
    Appendix FFF   AFFIDAVIT IN SUPPORT OF MOTION TO STRIKE VEHICLE IMPOUNDMENT
    Appendix GGG   DEFENDANT'S MOTION TO PRECLUDE IMMOBILIZATION OF MOTOR VEHICLE
    Appendix HHH   ORDER STRIKING IMPOUNDMENT

     

     

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