Innovative DUI Trial Tools

ebook

By Jonathan Dichter

cover image of Innovative DUI Trial Tools

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CHAPTER 1 PRE-TRIAL DISCOVERY AND MOTION PRACTICE

Three new motions to suppress FST evidence:

  • Motion to Suppress FST Evidence – Lack of Relevance, §1:82
  • Motion to Suppress FST Evidence – Lack of Strict Compliance with NHTSA Standardization, §1:83
  • Motion to Suppress Refusal of FSTs, §1:84

    NEW CHAPTER 2A JURY SELECTION: A STORYTELLER'S APPROACH

    This method of "collaborative" jury selection offers a way to find the jurors who are on your side and inspire other jurors to move to your side, right from the start. With it, you can get jurors to:

  • Internalize the presumption of innocence. §2A:21
  • Agree to be unfair and partial. §2A:22
  • Internalize proof beyond a reasonable doubt. §2A:23
  • Understand the meaning of beyond a reasonable doubt. §2A:24
  • Like you and willingly reveal their biases. §2A:25
  • Understand why the Defendant is not testifying and not hold it against her. §2A:26
  • Describe good driving so you can later connect their descriptions with your client's driving. §2A:27
  • Doubt breath/blood testing accuracy. §2A:28

    CHAPTER 4 CROSS-EXAMINATION

  • "Baby stepping" a cop into saying your client is sober. Here's an outline with sample questions for tying an officer to the police report. The goal is to establish right away that if it happened, it's in the report. If it's not in there, it didn't happen. §4:04
  • A strategy for winning refusal cases without the defendant's testimony. Common wisdom is that when your client refuses to provide a breath sample, the jury needs to hear from him. Instead, try this refusal strategy that has worked so well for the author that he has lost only two refusal trials in 10 years. §4:49

    CHAPTER 7 CLOSING ARGUMENTS

  • Seven slides for combining the "baby stepping" portion of the officer's cross examination with burden of proof arguments, §7:114
  • Eleven slides on burden of proof and reasonable doubt. §7:01

    CHAPTER 9 DRIVING UNDER THE INFLUENCE OF DRUGS

  • Marijuana DUIs. Focusing on the pre-arrest investigation portions of a marijuana DUI, the author shows you how to use the NHSTA manuals and the lack of quality studies correlating marijuana consumption with driving impairment to challenge the prosecutor's case. §§9:60-9:64
  • Innovative DUI Trial Tools