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DUI Answers, Arguments, and
Tips
The enormous complexity of California drunk
driving law has created meaningful opportunities for the educated and
painful traps for the unwary. Wise guidance is essential.
The best source of
DUI wisdom has been written by
Paul Burglin,
Barry Simons, and Ed Kuwatch. Their
1,148-page
California Drunk Driving Law
is chock-full of:
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Creative defenses. Hundreds of
decision-based arguments, generated by Mr.
Burglin, Mr.
Simons, and Mr. Kuwatch in their
decades of creative DUI practice and collected from successful DUI
practitioners statewide, bring real leverage to your plea bargaining,
trials, and DMV proceedings.
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Heavily supported motions.
Crafted, tested, and polished by top DUI lawyers, these practice-proven
documents will materially raise the level of your advocacy. All of the
book’s 63 forms are provided both in print and on the free full-text CD,
and are easily accessed and modified with either Word or WordPerfect.
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Answers
and solutions. 95% of the questions that arise in day-to-day DUI
practice are addressed in California Drunk Driving Law. References
to other sources are provided for the other 5%.
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Authoritative
interpretation of the law.
1,700 cases and every relevant statute and regulation are analyzed and
cited.
Learn what
to say to your client when:
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He asks, “What is the punishment for drunk
driving?”
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Your client calls because his driver’s
license was taken at the time of arrest.
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The client refused a chemical test.
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The city or county sent your client a bill
for “arrest services.”
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Your client is worried about losing his job.
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The conviction occurred long ago, but now the
DMV won’t issue a driver’s license.
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The car was impounded.
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Your client is worried about the future cost
of insurance if he is convicted.
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You want to assure your client of your
knowledge and expertise.
Valuable Tips
Pretrial
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How to deal with threats
to punish the defendant for insisting on a trial. §356.4
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How to remind the
prosecution of the police’s potential civil liability for failure to
turn over material evidence. §552.2
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Why you may not want to
enter a general time waiver when setting trial for a defendant not in
custody, but merely consent to a date certain. §311.2
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How to avoid half-day
trials. §311.8
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How to counter a
discovery denial based on copyright infringement. §5:72
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How to overcome Lively’s
“could have been arrested for public intoxication” theory when the
arrest is for attempted drunk driving. §7:17
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How to persuade a
hospital not to disclose blood test results obtained during treatment,
with model letter. §9:25
Trial
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Four techniques for
defending against the breath-based per se charge. §9:47.5
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Suppressing Preliminary
Alcohol Screening (P.A.S.) test results at trial. §9:48.3
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Impeaching a cop’s
expert opinion on impairment by showing that the Federal NHTSA-recommended
methods were not used. §9:50.4
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Proving a cop’s method
of administering the Horizontal Gaze Nystagmus test is not generally
accepted. §9:50.5
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How to block prosecution
experts from testifying in low BAC cases that the defendant was mentally
impaired even though he or she showed no signs of physical impairment.
§1:11.10
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When to admit a prior
conviction sentence enhancement allegation. §9:72.3
Punishment
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How to circumvent the
court’s lack of authority to grant a second offender work/DUI Program
restricted license. §10:25.3
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Obtaining an ignition
interlock restricted license prior to the end of the full suspension or
revocation period. §10:54.9
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How to convince
collection agencies to drop claims for emergency response costs. §10:121
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Many attorneys
mistakenly think the DMV is requiring completion of a DUI Program prior
to reinstatement of full driving privileges after a wet reckless
conviction. §3:59.1
Radar and Speed Defenses
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How and when to assert
jurisdictional speed trap defects. §2:13.1
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What to discover when
airplanes or helicopters are used for speed enforcement. §2:14
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How to challenge
radar-based speed trap violations of prima facie speed limits. §2:15.4
DMV Proceedings
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How to block DMV hearing
continuances without good cause, with 8-page motion. §11:39.3
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What to do when the DMV
takes additional evidence in violation of Vehicle Code provisions.
§11:49.1
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Why you should always
discover form DS 393, and how to use it to block admission of
police-drafted documents, with pattern discovery request. §11:63.4
For answers
to all your client’s and your questions, turn to California Drunk Driving
Law. This two-volume book and CD provide the most complete coverage of
state DUI practice available.
Updated twice-annually. ISBN
0-9703501-3-9 Book price: $129.00
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Reader Comments
"I
have used California Drunk Driving Law not only for DUI cases but in
homicide cases, search and seizure cases, and non-alcohol related traffic
offenses. CDDL is a necessary book to anyone practicing criminal law – even
if you don’t get a lot of criminal cases."
William M. Thornbury
Office of the Public Defender
Los Angeles
“In more than 30 years
of DUI practice, I have found no more comprehensive, current or entertaining
book on California DUI law. Simply the most comprehensive, up to date
treatment of California DUI law ever written.”
J. Thomas Sherrod
Fremont
“Absolutely the best
drunk driving book in the state. With
California Drunk Driving Law and nothing else, you’ll look like an old hand even in your
first case. And you’ll still be using it in your one hundredth case.”
Grace L. Suarez
Assistant Public Defender
San Francisco
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