Florida DUI Defense: The Law & Practice with DVD

Author: Alan S. Bernstein, James Nesci  ISBN-10: 1-933264-89-6 ISBN-13: 978-1-933264-89-9 Copyright Date Ed: September 1, 2012 Pages: 384 Binding Information: Casebound with DVD Size: 8.5 ✕ 11 Inches (US) For even the most seasoned attorney admitted to practice in the State of Florida, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Florida DUI Defense: The Law and Practice. This text and supplementary DVD contains the most important information to help you attain a successful verdict. Written by Alan S. Bernstein and James Nesci, both members of the National College for DUI Defense,Florida DUI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Florida. The authors provide the most up-to-date information available on key areas of DUI law in Florida including: DUI Investigations, Driving and Field Sobriety Testing, Drug Recognition, Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, DUI Trial Procedures, and more. Many practical tools and applications designed to streamline and simplify the complex DUI defense process have been developed along with this book. They are all included on a bonus DVD--so you can locate, review and print them out in a matter of seconds. The companion DVD contains NHTSA studies, articles and visual detection videos. Lawyers & Judges has published twenty state-specific DUI defense reference books. A practitioner in Colorado raved in the Colorado Lawyer that Colorado DUI Defense: The Law and Practice is “a must-have resource” and would make “a nice gift for the lawyers in your life who practice DUI defense.” The Wisconsin Lawyer reviewer gave Wisconsin OWI Defense: The Law and Practice a touchdown review, calling the book “the best book I have read pertaining to Wisconsin operating-while-intoxicated (OWI) law, and one of the best in dealing with the substance of OWI law.” Book Topics Include: Types of DUI Role of the Motor Vehicle Division Pre-trial investigation DWI investigations Driving behavior Field sobriety testing Drug recognition Chemical testing for alcohol and drugs Blood alcohol calculations Use of expert witnesses Pre-trial motions Plea offers Revised sentencing charts DUI jury trial information Client relations Ethics and advertising DVD topics include: USDOT "Drugs That Impair Driving" student manual and teacher manual USDOT "DWI Detection and Standardized Field Sobriety Testing" student manual and teacher manual SFST validation studies USDOT "SFST Refresher Training Course" student manual and teacher manual MVD court abstracts NHTSA "The Detection of DWI Motorcyclists" brochure NHTSA "Use of Sobriety Checkpoints for DUI" article NHTSA driving and blood alcohol concentration studies NHTSA visual detection videos And more! Table of Contents Chapter 1: Lawyer Advertising 1.1 Ethical Issues 1.2 Advertising Resources A. Phone Book Advertising B. Internet Advertising Chapter 2: Client Relations 2.1 Meeting the Prospective Client 2.2 Client Intake Questions 2.3 Client Intake Interview 2.4 Retainer Agreements 2.5 Fees 2.6 IOTA 2.7 Communication 2.8 Client File Retention Chapter 3: Driving Under the Influence 3.1 Types of DUI: Florida Statute § 316.193 3.2 DUI and Persons Under the Age of 21 3.3 Operating Commercial Motor Vehicles Chapter 4: Department of Highway Safety and Motor Vehicles (DHSMV) 4.1 Overview 4.2 The Implied Consent Form 4.3 Notice of Suspension 4.4 Administrative Suspension Under Ch. 322.2615 4.5 Informal Review 4.6 Formal Review Hearing 4.7 Witness Subpoenas 4.8 Time Computations 4.9 Financial Responsibility 4.10 Ignition Interlock Requirement for Reinstatement 4.11 Ignition Interlock Devices 4.12 Suspension of License for Persons Under 21 Years of Age 4.13 Legal Grounds to Challenge the Suspension (Defenses to Suspension) A. Recantation of Refusal B. Right to an Attorney Prior to Taking Chemical Test and Confusion Doctrine C. Stop Issues D. Seizure Issues E. Safe Harbor Doctrine F. Vehicle Inoperable G. Probable Cause to Arrest 4.14 Request for Rehearing Under Chapter 322.2615 4.15 Administrative Suspension for Florida Licensees Incurring Out-of-State Violations 4.16 Validity of Out-of-State Licenses in Florida 4.17 Appeals From DHSMV Administrative Final Order 4.18 DHSMV Driver Points System 4.19 Commercial Driver’s Licenses 4.20 Administrative Suspensions for Commercial Driver Licensees 4.21 Expungement of Driver License (DL) Record 4.22 Mandatory Revocation of Driver’s Licenses Endnotes Chapter 5: Pre-Trial Investigations 5.1 Overview 5.2 Proper Filing Techniques 5.3 Visiting the Scene 5.4 Photography and Videos 5.5 Diagrams and Aerial Photography 5.6 Accident Reconstruction 5.7 Event Data Recorders (Black Boxes) 5.8 Roadblock (a.k.a. “DUI Checkpoint”) Investigations 5.9 Pre-Trial Depositions, Emergency Personnel 5.10 Pre-Trial Depositions, Civilians Chapter 6: Pre-Trial Motions Practice 6.1 Overview 6.2 Procedural Motions 6.3 Substantive Motions 6.4 Motions in Limine 6.5 Evidentiary Hearings Chapter 7: Plea Offers 7.1 Types of Pleas 7.2 Responsibilities of Counsel and Trial Judge 7.3 Standing Mute or Pleading Evasively 7.4 Failure of Corporation to Appear 7.5 Plea of Guilty; Operation in Denial 7.6 Withdrawal of Plea of Guilty or No Contest 7.7 Vacation of Plea and Sentence Due to Defendant’s Noncompliance 7.8 Plea of Guilty to Lesser Included Offense or Lesser Degree 7.9 Plea of Guilty to an Offense Divided into Degrees; Determination of the Degree 7.10 Pleading to Other Charges 7.11 Guilty or Nolo Contendere Plea 7.12 Immigration Consequences Chapter 8: Trial 8.1 Overview 8.2 Voir Dire and Jury Selection 8.3 Jury Instructions 8.4 Opening Statements 8.5 Cross-Examination 8.6 Direct Examination 8.7 Closing Argument Chapter 9: DUI Investigations:Driving and Field Sobriety Testing 9.1 Overview: National Highway Traffic Safety Administration (NHTSA) 9.2 Driving Behavior 9.3 Standardized Field Sobriety Testing (SFST) Validation Studies 9.4 Legal Analysis and Summary of the SFST Validation Studies 9.5 Standardized Field Sobriety Test Battery 9.6 Horizontal Gaze Nystagmus (HGN) 9.7 Refusal of SFSTs and General Admissibility 9.8 Commonly Used Non-Standardized/Non-Validated Field Sobriety Tests 9.9 Videotaping the Driving and Investigation Chapter 10: Drug Recognition Evaluation 10.1 Overview 10.2 DRE Statutory Law 10.3 Per Se Statutes Comparison 10.4 Impairment Statutes Comparison 10.5 Defenses 10.6 Implied Consent Laws Comparison 10.7 DRE Case Law 10.8 The 12-Step DRE Protocol 10.9 Deconstruction and Analysis of the 12-Step DRE Protocol 10.10 Effects of Various Drugs 10.11 Drug Evaluation Classification Protocol (DECP) 10.12 Drug Evaluation Classification Training Program Chapter 11: Chemical Testing 11.1 Preliminary Breath Testing 11.2 Law 11.3 Safeguards 11.4 Commonly Used PBT Devices 11.5 Understanding Henry’s Law and the Blood to Breath Ratio 11.6 Evidential Breath Testing 11.7 Infrared Light Absorption 11.8 Basic Operation 11.9 Intoxilyzer® Printouts 11.10 Breath Testing: Methods of Attack 11.11 Calibration 11.12 Florida Administrative Code Chapter 11D-8 11.13 Statutory Requirements for Admissibility of Breath Test Results 11.14 Blood Testing: From the Vein to the Lab 11.15 Headspace Gas Chromatography 11.16 Blood Draws: Statutory Admissibility, Sample Preservation and Independent Testing (See §316.1932 Florida Statutes) 11.17 Secondary Blood Testing 11.18 Possible Errors in Blood Testing References Chapter 12: Blood Alcohol Calculations for Attorneys 12.1 Blood Alcohol Calculations for Attorneys 12.2 Determining the One-Drink Potential 12.3 Elimination and Retrograde Extrapolation 12.4 White’s Retrograde Extrapolation 12.5 Partition Ratio Conversions 12.6 Unit Conversions Chapter 13: Expert Witnesses 13.1 Overview 13.2 Pre-Trial Preparation 13.3 Direct Examination of the Defense Expert Witness 13.4 Cross of the State’s Expert Witness 13.5 Direct Examination of the State’s Expert as a Defense Witness Chapter 14: DUI Jury Trial Warpack 14.1 Actual Physical Control (APC) 14.2 Aggravation 14.3 Appellate Standard of Review 14.4 Arrest 14.5 Blood Draws 14.6 Breath Testing 14.7 Burden of Proof 14.8 Chain of Custody 14.9 Circumstantial Evidence 14.10 Closing Arguments—Ethical Considerations 14.11 Comment on Defendant’s Silence 14.12 Confrontation 14.13 Corpus 14.14 Court Rules 14.15 Credibility of Witnesses 14.16 Destruction of Evidence 14.17 Discovery 14.18 Judgment of Acquittal 14.19 Double Jeopardy 14.20 DRE: Drug Recognition Evaluation Admissibility 14.21 Due Process 14.22 Evidence 14.23 Expert Witnesses 14.24 Field Sobriety Test Admissibility 14.25 Foundation 14.26 HGN 14.27 Impeachment 14.28 Independent Test 14.29 Jurors and Jury Selection 14.30 Jury Deliberations 14.31 Jury Instructions 14.32 Jury 14.33 Motions 14.34 Miranda 14.35 DHSMV 14.36 Opinion Testimony 14.37 Plea Agreements 14.38 Probable Cause 14.39 Reasonable Suspicion 14.40 Refusal to Submit to Chemical Testing 14.41 Relation Back 14.42 Replicate Testing 14.43 Restitution 14.44 Roadblocks (a.k.a. “DUI Checkpoints”) 14.45 Speedy Trial 14.46 Searches 14.47 Sentencing 14.48 Suppression Hearings: Fellow Officer Rule 14.49 Voir Dire 14.50 Voluntariness of Statements References Appendix A: DWI—Modern Day Salem Witch Hunts Appendix B: The Aging Process and Field Sobriety Tests Appendix C: Chapter 11D-8, Implied Consent Program Appendix D: Florida Evidence Code Appendix E: DUI Penalties