How to Beat a Dui

by Nesci, James

Edition: 1st

ISBN13: 9781933264486

ISBN10: 1933264489

Format: Paperback

Pub. Date: 2008-04-01

Publisher(s): Lawyers & Judges Pub Co

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Summary

This book is a guide in helping you understand what DUI is, with important information on what to do during your DUI stop, during the field sobriety tests, and after your arrest. It is meant to foster a dialogue between you and your attorney, so that your attorney can best defend you. You'll be prepared with what questions to ask and what information may be important to your case. DUI is a serious charge that can leave you with a permanent criminal record. DUI is a charge worth fighting. Education is your best defense against a DUI charge. This book is not a license to drive drunk. People who drive drunk can hurt or kill themselves and others. Never take the risk. If you feel that you have had too much to drink to drive safely, don't drive.

Author Biography

James Nesci is a graduate of the University of Arizona College of Law and was a solo practitioner from January 1, 1995, to January 1, 2005 in Tucson, Arizona. He is now a partner in the firm Nesci, St. Louis & West, P.L.L.C. He is an honorably discharged veteran of the U.S. Navy.In 1999 Mr. Nesci became a Sustaining Member of the National College for DUI Defense. In 2001, Mr. Nesci passed all examinations and requirements for Board Certification from the National College for DUI Defense. In the Summer of 2001 he was officially Board Certified and is currently one of only two Board Certified attorneys in the state of Arizona.His firm's practice is devoted entirely to criminal defense. At any time, he typically defends about 30 DUI cases in several jurisdictions while other members of the firm defend capital murder, rape, armed robbery, possession and varied federal offenses as well as DUI. In addition to being a regular speaker at the Arizona Attorneys for Criminal Justice's annual Aggressive Defense of the Accused Impaired Driver seminar, Mr. Nesci has lectured at several national seminars including the National College for DUI Defense 2001, 2003, and 2006 Summer Sessions, the California Attorneys for Criminal Justice Seminar Rules of the Road V, the NACDL DWI Means Defend With Ingenuity¬ Seminar in Las Vegas in 2001 and 2005, The Las Vegas Bar Association Seminar Killer Cross, and the New York State Bar Association's 2nd, 3rd, and 6th Annual Big Apple DUI Seminars. He has lectured for the University of Arizona James E. Rogers College of Law as well as the University of Mississippi's Ol' Miss DUI CLE. He has taught seminars on the subjects of cross-examination, trial tactics, field sobriety testing, blood alcohol calculations, opening and closing arguments, ethics, blood and breath testing.

Glossary of DUI Terms	p. ix
Foreword	p. xix
DUI Laws	p. 1
Chapter Overview	p. 1
DUI Impairment Laws	p. 1
Driver vs. Driving	p. 1
Per Se Laws	p. 2
Breath, Blood or Urine as a Chemical Test	p. 3
Time of Driving vs. Time of Test	p. 3
Enhancements	p. 4
Drugged Driving Laws	p. 5
Impairment	p. 5
Per Se	p. 5
Boating Under the Influence	p. 6
Flying Under the Influence	p. 7
DUI Stop and Arrest Procedures	p. 9
Chapter Overview	p. 9
Driving Behaviors that Attract Attention	p. 9
Problems Maintaining Proper Lane Position	p. 11
Speed and Braking Problems	p. 12
Vigilance Problems	p. 12
Judgment Problems	p. 13
Detecting Impaired Motorcyclists	p. 15
Roadblocks	p. 17
Safe Harbor Laws	p. 18
DUI on Private Property	p. 19
The DUI Traffic Stop	p. 20
What to Expect and What to Do	p. 20
Field Sobriety Testing	p. 25
What are Field Sobriety Tests?	p. 25
Standardized Field Sobriety Test Battery	p. 38
Horizontal Gaze Nystagmus (HGN)	p. 38
Walk-and-Turn	p. 41
One Leg Stand	p. 44
Commonly Used Non-Standardized/Validated Field Sobriety Tests	p. 46
Vertical Gaze Nystagmus (VGN)	p. 47
Romberg Modified	p. 47
Finger-to-Nose	p. 48
Finger Count	p. 48
Chemical Testing	p. 49
Chapter Overview	p. 49
Breath Testing Basics	p. 49
Evidential Breath Testing	p. 49
Infrared Light Absorption	p. 50
Basic Operation of an Infrared Breath Tester	p. 51
Breath Testing: Methods of Attack	p. 52
Preliminary Breath Testing	p. 58
Safeguards	p. 58
Blood Testing Basics	p. 59
Who May Draw Blood?	p. 59
The Forensic Blood Kit	p. 59
Site cleansing	p. 60
The blood draw	p. 61
Tube inversion	p. 61
Chain of custody and proper specimen handling	p. 62
Laboratory Preparation of the Blood Sample	p. 62
Headspace Gas Chromatography	p. 63
Should I Have My Blood Re-tested or Have My Own Test Done?	p. 67
Independent test versus referee sample	p. 67
Independent Testing	p. 67
Referee Sample	p. 67
Driver License Issues	p. 69
Chapter Overview	p. 69
Implied Consent Laws	p. 69
The Implied Consent Form	p. 71
Order of Suspension: Notice	p. 71
Recantation of Refusal	p. 71
Right to Attorney Prior to Taking Chemical Test	p. 71
Time Computations	p. 71
Reinstatement	p. 72
SR-22 Insurance	p. 72
Minors	p. 72
Out-of-State Licensees	p. 72
Driver License Compact	p. 73
Driving Under the Influence of Drugs	p. 77
Chapter Overview	p. 77
Driving Under the Influence of Drugs While Impaired	p. 77
Driving with an Illegal Drug in Your System	p. 77
Driving with a Metabolite in Your System	p. 78
The Drug Recognition Evaluation (DRE)	p. 78
Drug Evaluation Classification Program (DECP)	p. 78
The Three-Step DRE Process	p. 79
The 12-Step DRE Protocol	p. 81
Deconstruction and Analysis of the 12-Step DRE Protocol	p. 84
Nationwide DRE Laws	p. 86
The Court Process	p. 89
Chapter Overview	p. 89
How Should I Act?	p. 89
How Should I Dress?	p. 90
Initial Appearance	p. 91
Pretrial Motions	p. 91
Procedural Motions	p. 91
Substantive Motions	p. 92
Motions in Limine	p. 101
Pretrial Hearings	p. 101
Trial	p. 102
Sentencing	p. 105
Mitigation	p. 105
Substance Abuse Counseling	p. 105
Home-Monitoring	p. 106
Secure Continuous Real-time Alcohol Monitoring (SCRAM)	p. 107
Ignition Interlock Devices	p. 107
Letters to the Judge	p. 107
Plea Bargains	p. 108
Guilty vs. No Contest	p. 109
Waiver of Rights	p. 109
Collateral Consequences	p. 110
Exposure of Prior Offenses	p. 110
Immigration Consequences	p. 110
Appeals	p. 111
Expungement	p. 111
Blood Alcohol Calculations	p. 113
Chapter Overview	p. 113
Determining the One-Drink Potential	p. 113
Elimination and Retrograde Extrapolation	p. 114
White's Retrograde Extrapolation	p. 115
Choosing an Attorney	p. 117
Chapter Overview	p. 117
Should I Represent Myself?	p. 117
Resources-How Do I Find a DUI Attorney?	p. 118
Attorney Interview	p. 119
Attorney-Client Relationship	p. 119
Fees	p. 120
Checklist of Issues to Discuss With Your Attorney	p. 122
The Traffic Stop	p. 122
Facts of the Investigation and Arrest	p. 122
The Police Officer(s)	p. 124
Physical Health and Status at the Time of the Traffic Stop	p. 124
Medications	p. 125
Witnesses	p. 126
Passengers	p. 126
Drivers License Status	p. 126
Prior Criminal History	p. 126
Collateral Issues	p. 126
Costs of the Representation	p. 127
Index	p. 129
Table of Contents provided by Ingram. All Rights Reserved.