Arizona DUI Defense: The Law and Practice

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Lawyers & Judges Publishing Company, 2009 - Law - 380 pages
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For even the most seasoned Arizona attorney, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Arizona DUI Defense: The Law and Practice, Second Edition. This newly revised and expanded text and DVD contain more information than ever to help you attain a successful verdict.Written by James Nesci, Board Certified by the National College for DUI Defense and Arizona DUI law expert, Arizona 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 Arizona. Mr. Nesci provides the most up-to-date information available on key areas of DUI law in the state of Arizona 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. This second edition is 20 percent larger than the previous one, and includes a revised and expanded Warpack chapter. It now includes Arizona Rules of Criminal Procedure Sections I-VII and revised sentencing charts, making this text the most important book to have with you in all phases of a DUI case, from investigation to trial.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 for the second edition has been revised and expanded and includes more NHTSA studies, articles and visual detection videos than before, as well as expanded sections on Arizona law and procedure.
 

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Contents

Client Relations
5
Driving Under the Influence
11
Motor Vehicle Division
49
PreTrial Investigations
83
PreTrial Motions Practice
89
Plea Offers
109
Trial
113
Driving and Field
137
Drug Recognition Evaluation
163
Chemical Testing
171
Blood Alcohol Calculations
207
DUI Jury Trial Warpack
223
Appendix A Arizona Rules of Evidence
285
Arizona Department of Public Safety
337
About the Author
371
Copyright

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About the author (2009)

James Nesci is a 1994 graduate of the University of Arizona College of Law. He is AV-Rated® by Martindale-Hubbell.In 1999 Mr. Nesci became a Sustaining Member of the National College for DUI Defense. In 2001, he was Board Certified by the National College for DUI Defense, Inc. and is one of only two Board Certified attorneys in the State of Arizona and one of thirty-nine in the nation (as of January, 2008). In 2006, he was appointed Regent of the National College for DUI Defense, Inc. He currently serves as the chair of the Curriculum Committee for the NCDD, is a member of the Long-Range Planning Committee and often serves as an oral argument judge for the Board Certification Committee. He is a contributing author to the Fifth Edition of the treatise Medicolegal Aspects of Alcohol (©2008, Lawyers & Judges Publishing, Editor James Garriott, www.lawyersandjudges.com) which is a text used by forensic toxicologists across the world and serves as the text for the Borkenstein School at Indiana University. He also co-authored a scientific article: The Slope Detector Does Not Always Detect the Presence of Mouth Alcohol, The Champion, Vol. XXX, No. 2, March 2006, Authors: Michael P. Hlastala, Wayne J. Lamm, and James Nesci. Publisher: NACDL. His other publications include: How to Beat a DUI (©2008, Authentic Anatomical Publishing) which was written for the consumer, and Oklahoma DUI Defense: The Law and Practice (©2008, Lawyers & Judges Publishing Co. Authors: Bruce Edge, John Hunsucker and James Nesci. www.lawyersandjudges.com). His firm's practice is devoted entirely to criminal defense. At any one time, he typically defends about fifteen DUI cases in several jurisdictions while other members of the firm defend DUI, capital murder, rape, armed robbery, possession and varied federal cases. Both of his partners are death-penalty qualified. Mr. Nesci often defends cases well into the .30 blood-alcohol range. He has caught more than one police officer lying during cross-examination and some police officers have even refused to grant pretrial interviews to him without a prosecutor or their own counsel present. He was one of the lead attorneys on the Intoximeters® RBT-IV breath-testing issue in Southern Arizona which resulted in the immediate suppression of breath tests in over 3,000 cases and the removal of the RBT-IV from the streets of Arizona. He represented former Supremes lead singer Diana Ross and Tampa Bay Buccaneers' Tight-End Jerramy Stevens on Extreme DUI charges and fitness guru Richard Simmons on an assault charge. Mr. Nesci is a team-player within the Southern Arizona DUI Defense Community. He is often involved in large-scale challenges to DUI investigative methods and chemical

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