Utah DUI Defense: The Law & Practice with DVD, Second Edition

Authors: Glen Neeley, James Nesci, Jason Schatz ISBN-10: 1-936360-19-5 ISBN-13: 978-1-936360-19-2 Copyright Date Ed: December 2, 2013 Pages: 480 pages Binding Information: Casebound plus DVD Size: 8.5 x 11 inches (US) For even the most seasoned attorney admitted to practice in the State of Utah, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Utah DUI Defense: The Law and Practice, Second Edition. This text and supplementary DVD contains the most important information to help you attain a successful verdict. Written by Glenn Neeley, James Nesci and Jason Schatz, all members of the National College for DUI Defense, Utah DUI Defense: The Law and Practice, Second Edition ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Utah. The authors provide the most up-to-date information available on key areas of DUI law in Utah 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.” Table of Contents Table of Cases How to Use This Book Foreword Chapter 1: Lawyer Advertising 1.1 Ethical Issues 1.2 Advertising Resources 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 IOLTA 2.7 Communication 2.8 Client Interview Chapter 3: Driving Under the Influence 3.1 Misdemeanor DUI: The Ever-Changing Statute 3.2 Penalties for DUI 3.3 Prior Offenses in Misdemeanor and Felony Cases 3.4 Metabolite DUI 3.5 Ignition Interlock Device (IID) 3.6 Alcohol Restricted Driver 3.7 Homicide 3.8 Reckless Driving 3.9 Minor Driving with Alcohol in the Body 3.10 Sentencing: Statutory Scheme 3.11 Costs of Incarceration, Transportation, and Restitution Chapter 4: Driver’s License Division 4.1 Overview 4.2 Implied Consent to Take a Chemical Test 4.3 Order of Suspension: Notice 4.4 DLD Hearings and Review 4.5 DLD Informal License Hearings 4.6 Revocation Hearing for Refusal 4.7 Borderline Refusal Cases (Inability to Give a Test) 4.8 Right to Attorney Prior to Taking Chemical Test 4.9 Implied Consent Suspension Utah Code 41-6a-520 4.10 Independent Test 4.11 Time Computations 4.12 Reinstatement 4.13 Minors and Juveniles 4.14 Suspension for Out-Of-State Violations 4.15 Validity of Out-of-State Licenses 4.16 Out-of-State Licensees 4.17 Appeals from District Court Decision 4.18 DLD Driver Points System 4.19 Commercial Driver License Disqualifications 4.20 Commercial Driver License Notification Requirements 4.21 Certified Ignition Interlock Devices (IID) 4.22 Expungement of DriverLicense Record (DLD) 4.23 Mandatory Revocation of Driver Licenses Chapter 5: Pre-Trial Investigations 5.1 Overview 5.2 Visiting the Scene 5.3 Photography and Videos 5.4 Diagrams and Aerial Photography 5.5 Accident Reconstruction 5.6 Event Data Recorders (Black Boxes) 5.7 Roadblock (a.k.a. "DUI Checkpoint") Investigations 5.8 Pre-Trial Interviews 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 Overview 7.2 Waiver of Rights 7.3 Collateral Consequences 7.4 Exposure of Prior Offenses 7.5 Immigration Consequences 7.6 Misdemeanor Plea Offers 7.7 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 Legal Analysis and Summary of the SFST Validation Studies 9.5 Standardized Field Sobriety Test Battery 9.6 Horizontal Gaze Nystagmus (HGN) 9.7 Correlation Between BAC and HGN or FSTs 9.8 One-Leg-Stand 9.9 Correlation Between BAC and HGN or FSTs 9.10 Commonly Used Non-Standardized/Validated Field Sobriety Tests 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 Utah 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 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 Utah Administrative Code R714-500 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 11.17 Secondary Blood Testing 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 Should I Hire an Expert? 13.2 What Type of Expert Do I Need? 13.3 Utilizing an Expert Witness Before Trial 13.4 Do I Need to Advise the Prosecutor I am Calling an Expert Witness? 13.5 Pre-Trial Preparation 13.6 Direct Examination of the Defense Expert Witness 13.7 Cross of the State’s Expert Witness 13.8 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 Felony DUI 14.3 Appeals 14.4 Arrest 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 Delicti Rule Overuled 14.16 Amending the Information on the Day of Trial 14.17 Credibility of Witnesses 14.18 Destruction of Evidence 14.19 Discovery and Rules 14, 16 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 Suppression of FST 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 14.38 DLD 14.39 Opinion Testimony 14.40 Entry of Plea to Lesser Offense 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 Rule 25 of the Utah Rules of Criminal Procedure 14.52 Searches 14.53 Sentencing 14.54 Subpoena 14.55 Voir Dire 14.56 Voluntariness of Statements and Trustworthiness 14.57 Warrants Appendix A: Utah Rules of Professional Conduct Rule 1.5 Fees Appendix B: Utah Rules of Professional Conduct Rule 1.15 Safekeeping Property Appendix C: Utah Rules of Criminal Procedure Appendix D: Utah Rules of Evidence Appendix E: Modern Day Salem Witch Hunts Appendix F: The Aging Process and Field Sobriety Tests Appendix G: Fear and DWI Field Sobriety Tests