Nebraska DUI Defense: The Law and Practice with DVD-ROM

Author: Bell Island, James Nesci ISBN 10: 1-936360-26-8 ISBN 13: 978-1-936360-26-0 Copyright Date Ed: May 13, 2016 Pages: 416 pages Binding Information: Casebound plus DVD-ROM Size: 8.5 ✕ 11 Inches (US) For even the most seasoned attorney admitted to practice in the State of Nebraska, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Nebraska 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 Bell Island and James Nesci, both members of the National College for DUI Defense, Nebraska 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 Nebraska. The authors provide the most up-to-date information available on key areas of DUI law in Nebraska 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, DRE manuals, example forms, and more. 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.” Topics Include: Lawyer Advertising Client Relations & Representing Clients with Special Circumstances DUI and the Department of Motor Vehicles Pre-trial Investigations Pre-trial Motions Practice Plea Offers and Agreements DUI Trial Procedures DUI Investigations, Driving & Field Sobriety Testing Drug Recognition Evaluation Chemical Testing Blood Alcohol Calculations Expert Witnesses Resources Nebraska Case Law DVD-ROM topics include: USDOT “Drugs That Impair Driving” manual USDOT “DWI Detection and Standardized Field Sobriety Testing” manual USDOT “SFST Refresher Training Course” manual Nebraska rules Jury instructions NHTSA “The Detection of DWI Motorcyclists” brochure NHTSA visual detection (videos) Table of Contents Tables of Cases Preface Chapter 1: Lawyer Advertising 1.1 Ethical Issues in Advertising 3-507.1-Communications concerning a lawyer’s services 3-507.2-Advertising 3-507.3-Direct contact with prospective clients 3-507.4-Communication of fields of practice 3-508.5-Firm names and letterheads 1.2 Advertising Resources A. Phone Book Advertising B. Internet Advertising C. Giveaways D. Television E. Print 1.3 Social Media A. Ethical Concerns B. Confidentiality vs. Privilege C. The 3 Tenets of Social Media: Timeliness, Honesty, and Transparency D. Facebook E. Twitter F. Social Media as a Research Tool G. Final Thoughts on Social Media Chapter 2: Basic Client Relations & Representing Clients with Special Circumstances 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 IOLTA 2.7 Communication 2.8 Client File Retention 2.9 Representing the Military Client for DUI 2.10 Pilots and Merchant Marines 2.11 Non U. S. Citizens—Immigration Consequences 2.12 Canadian Travel Chapter 3: Driving and Boating Under the Influence 3.1 Driving Under the Influence: Constant Change 3.2 Refusal of a Chemical Test 3.3 Penalties 3.4 High BAC DUI 3.5 Preliminary Breath Tests 3.6 Enhancement 3.7 Ignition Interlock Devices 3.8 Homicide 3.9 Reckless Driving 3.10 Minor Driving with Alcohol in the Body 3.11 Boating Under the Influence 3.12 Restitution 3.13 Probation Appendix 3.1 Chapter 4: Department of Motor Vehicles 4.1 Overview 4.2 The Admin per se/Implied Consent Form 4.3 Order of Revocation: Notice 4.4 Administrative Revocation Hearing, Neb. Rev. Stat. §60-498.01 4.5 Right to Attorney Prior to Taking Chemical Test 4.6 Hearing on Order of Administrative per se License Revocation 4.7 Time to Conduct the Hearing 4.8 Reinstatement 4.9 Minors 4.10 Juveniles 4.11 Suspension for Out-Of-State Violations 4.12 Validity of Out-of-State Licenses 4.13 Out-of-State Licensees 4.14 Appeals from the DMV 4.15 DMV Driver Points System 4.16 Commercial Driver License Disqualifications 4.17 Commercial Driver License Notification Requirements 4.18 Ignition Interlock Devices (IID) 4.19 Mandatory Revocation of Driver’s Licenses 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 Depositions 5.10 Depositions/Interviews, Emergency Personnel 5.11 Depositions/Interviews, Civilians 5.12 Prior Offenses 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 Appendix 6.1: Notice of Discovery Received Chapter 7: Plea Offers 7.1 Overview: Plea Offers 7.2 Waiver of Rights 7.3 Collateral Consequences 7.4 Immigration Consequences 7.5 Exposure of Prior Offenses 7.6 Subsequent Offenses 7.7 Out of State, Timing and Juvenile Prior Offenses 7.8 Misdemeanor Plea Offers 7.9 Felony Plea Offers 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 8.8 Sentencing 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 Analysis and Summary of the SFST Validation Studies 9.5 Standardized Field Sobriety Test Battery 9.6 Horizontal Gaze Nystagmus (HGN) 9.7 Walk and Turn 9.8 One-Leg-Stand 9.9 Commonly Used Non-Standardized/Non-Validated Field Sobriety Tests 9.10 Advanced Roadside Impaired Driving Enforcement (ARIDE) 9.11 Videotaping the Driving and Investigation References 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 Nebraska DRE Laws 10.6 Defenses 10.7 Implied Consent Laws Comparison 10.8 DRE Case Law 10.9 The 12-Step DRE Protocol 10.10 Deconstruction and Analysis of the 12-Step DRE Protocol 10.11 Effects of Various Drugs 10.12 Drug Evaluation Classification Protocol (DECP) 10.13 Drug Evaluation Classification Training Program Chapter 11: Chemical Testing 11.1 Preliminary Breath Testing 11.2 Statutory Law on Preliminary Breath Testing 11.3 Safeguards 11.4 PBT Devices 11.5 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 DataMaster® Printouts 11.10 Breath Testing: Methods of Attack 11.11 Calibration 11.12 Nebraska Administrative Code Title 177, Chapter 1 11.13 Requirements for Admissibility of Breath Test Results 11.14 Blood Testing: From the Vein to the Lab 11.15 Headspace Gas Chromatography 11.16 Uncertainty of Measurement 11.17 Blood Testing for Drugs 11.18 Blood Draws: Statutory Admissibility, Sample Preservation and Independent Testing 11.19 Secondary 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 Pretrial 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/Seizure 14.5 Authentication 14.6 Blood Draws 14.7 Breath Testing 14.8 Burden of Proof 14.9 Chain of Custody 14.10 Circumstantial Evidence 14.11 Closing Arguments—Ethical Considerations 14.12 Collateral Estoppel in DUI Cases 14.13 Comment of Defendant’s Silence 14.14 Confrontation 14.15 Corpus 14.16 Court Rules 14.17 Credibility of Witnesses 14.18 Destruction of Evidence 14.19 Discovery 14.20 Directed Verdict 14.21 Double Jeopardy 14.22 DRE: Drug Recognition Evaluation Admissibility 14.23 Due Process 14.24 Evidence 14.25 Expert Witnesses 14.26 Field Sobriety Test Admissibility 14.27 Foundation 14.28 HGN 14.29 Impeachment 14.30 Independent Test 14.31 Jurors and Jury Selection 14.32 Jury Deliberations 14.33 Jury Instructions 14.34 Jury Trial Right 14.35 Motions 14.36 Miranda 14.37 Necessity Defense (Choice of Lesser Harm) 14.38 Department of Motor Vehicles (DMV) 14.39 Opinion Testimony 14.40 Plea Agreements 14.41 Prior Convictions 14.42 Probable Cause 14.43 Reasonable Suspicion 14.44 Record Preservation for Appeal 14.45 Refusal to Submit to Chemical Testing 14.46 Relation Back 14.47 Replicate Testing 14.48 Restitution 14.49 Right to Counsel 14.50 Roadblocks (a.k.a. “DUI Checkpoints”) 14.51 Speedy Trial/Motion for Absolute Discharge 14.52 Searches 14.53 Sentencing 14.54 Subpoena 14.55 Voir dire 14.56 Voluntariness of Statements 14.57 Warrants Appendix A: Nebraska Rules of Evidence Appendix B: Nebraska Constitution—Statement of Rights Appendix C: Sample Forms Appendix D: ALR Regulations Appendix E: The Aging Process and Field Sobriety Tests by Mimi Coffey, Esq. Appendix F: DWI—Modern Day Salem Witch Hunts by Mimi Coffey, Esq. Appendix G: DWI—Fear and the DWI Field Sobriety Tests by Mimi Coffey, Esq. About the Author Index