Strategies In Handling DUI Cases

San Diego, CA January 26, 2007






Agenda

9:00 a.m. – 10:00 a.m.

I. Developing a Theme, Pretrial Strategies and Motions in Limine

- Jon Bryant Artz

A. Exclude Evidence of Tolerance

B. Exclude PAS Test Results: Foundational Motion and Fourth Amendment Motion (1538.5)

C. Motion to Exclude FSTs and Other Creative Stuff


II. Jury Instructions

- Jon Bryant Artz

A. Memorandum of Law to Convince the Court to Give Specials

B. Instruction on Why the Court Must Tell the Jury to Disregard the Chemical Test If Foundational Facts Not Proved Beyond a Reasonable Doubt

C. The Presumptions Disappear When Contrary Evidence is Introduced Under New Cal.Crim.

D. Other Nifty Instructions

E. Instructions on Refusal


10:00 a.m. – 10:15 a.m.

Break


10:15 a.m. – 11:15 a.m.

III. Cross-Examination of the Arresting Officer

- Felipe Plascencia

A. The Expert

B. Tactics vs. Strategy

C. Field Sobriety Tests (Including Nystagmus)

D. How to Discredit the Officer in 10 Easy Steps


11:15 a.m. – 12:15 p.m.

IV. 15 Tricks in 60 Minutes

- Donald Bartell

A. an Insider's Guide to the Tips That Actually Work in the Real World


12:15 p.m. – 1:15 p.m.

Lunch (On Your Own)


1:15 p.m. – 2:15 p.m.

V. How to Attack the Blood Test and the High Blood Alcohol Reading (0.15 to 0.40)

- Charles J. Unger

A. The High Blood Alcohol Case

1. Why They Are Often Easier

2. How to Use the Reading

B. Blood Test

1. It Is More Attackable Than Breath

2. How to Attack


2:15 p.m. – 3:15 p.m.

VI. Discovery

- Mary Frances Prevost

A. Discovery From the Prosecution

1. The Informal Request

2. What Must Be Provided

3. What Need Not Be Provided

4. Discovery Beyond Penal Code Section 1054

5. The Discovery Motion (Substance and Timing)

B. Public Records Discovery Under Government Code Section 6250 et seq.

C. Tort Claim Discovery

D. Police Officer Discovery

E. Subpoenas

1. Fighting Motions to Quash

2. Protecting Your Work Product


3:15 p.m. – 3:30 p.m.

Break


3:30 p.m. – 4:30 p.m.

VII. Administrative Per Se (APS) Hearings

- Rick Mueller

A. Strategies and Tactics at the DMV Hearing

1. Objections, Arguments and Contentions

2. Attacking Blood Test Evidence

3. Attacking Breath Test Evidence

4. Under 21/Zero Tolerance Cases

5. Refusals

B. Handing Writs From A to Z

1. Making a Winnable Administrative Record

2. Filing the Writ

3. Exparte Stay/Alternative Writ

4. Points and Authorities

5. Dealing With DMV Legal and Attorney General's Office


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