Arizona DUI Defense: The Law and the Practice

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Lawyers & Judges Publishing Company, 2006 - Law - 297 pages
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For even the most seasoned Arizona Attorney, defending DUI cases has always presented special challenges. Today, due to legislative developments, the introduction of blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate, mounting a successful defense is more difficult than ever. That's why Arizona attorneys will come to rely on Arizona DUI Defense: The Law and Practice. 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 ensures that you understand the chemical, biological and technological concepts and issues underlying DUI prosecution and defense in the State of Arizona. You may rely on James Nesci for up-to-date information on key areas including: DUI Investigations, Driving & Field Sobriety Testing, Drug Recognition Evaluation and Chemical Testing, Blood Alcohol Calculations, Pre-trial Investigations and Motions, Practice, Plea Offers and Agreements, and DUI Trial Procedures. 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 CD-ROM - so you can locate, review and print them out in a matter of seconds. Book Topics Include: Types of DUI
 

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Contents

Lawyer Advertising
1
12 Advertising Resources
2
Client Relations
5
23 Fees
7
24 IOLTA
8
26 Client Interview
9
Driving Under the Influence
11
32 Extreme DUI
13
113 Safeguards
142
115 Evidential Breath Testing
143
116 Infrared Light Absorption
144
118 Intoxilyzer Printouts
145
Methods of Attack
146
1110 Calibration
150
Title 9 Ch 14
152
From the Vein to the Lab
154

33 Prior Offenses in Misdemeanor Cases
15
34 Aggravated DUI
16
35 Pleas to Endangerment
19
36 Homicide
20
37 Reckless Driving
21
38 Minor Driving With Alcohol in the Body
22
39 Costs of Incarceration
28
311 Restitution
29
Motor Vehicle Division
33
Notice
34
44 Administrative per se Suspension ARS 281385
35
46 Implied Consent Suspension Refusal ARS 281321
38
410 Summary Review
40
411 Hearing on Order of Administrative per se License Suspension
42
412 Time Computations
44
415 OutofState Licensees
45
416 Request for MVD Rehearing
47
417 Appeals from MVD
48
418 MVD Driver Points System
49
419 Commercial Driver License Disqualifications
51
421 Validity of OutofState Licenses
52
PreTrial Investigations
53
55 Pretrial Interviews
54
PreTrial Motions Practice
59
63 Substantive Motions
64
64 Motions in Limine
74
65 Evidentiary Hearings
77
Plea Offers
79
73 Collateral Consequences
80
77 Felony Plea Offers
81
Trial
83
83 Jury Instructions
85
84 Opening Statements
86
85 CrossExamination
87
86 Direct Examination
102
87 Closing Argument
103
88 Sentencing
105
DUI Investigations Driving and Field Sobriety Testing
107
93 Standardized Field Sobriety Testing SFST Validation Studies
113
94 Legal Analysis and Summary of the SFST Validation Studies
114
95 Standardized Field Sobriety Test Battery
121
97 OneLegStand
127
98 Correlation Between BAC and HGN or FSTs
129
910 Videotaping the Driving and Investigation
131
Drug Recognition Evaluation
133
102 DRE Law
134
103 The 12Step DRE Protocol
135
104 Deconstruction and Analysis of the 12Step DRE Protocol
137
105 Effects of Various Drugs
139
Chemical Testing
141
1114 Headspace Gas Chromatography
157
Statutory Admissibility Sample Preservation and Independent Testing
159
Blood Alcohol Calculations for Attorneys
161
124 Whites Retrograde Extrapolation
162
Expert Witnesses
163
133 Cross of the States Expert Witness
164
DUI Jury Trial Warpack
177
142 Actual Physical Control APC
178
143 Appellate Standard of Review
180
145 Authentication
182
146 Blood Draws
183
147 Breath Testing
184
148 Burden of Proof
186
1411 Closing ArgumentsEthical Considerations
187
1412 Collateral Estoppel in DUI Cases
188
1415 Corpus
189
1416 Court Rules
190
1419 Discovery and Rule 15
191
1420 Directed VerdictRule 20
193
1421 Double Jeopardy
194
1423 Due Process
195
1424 Evidence
196
1425 Expert Witnesses
200
1427 Foundation
201
1429 Impeachment
202
1430 Independent Test
203
1431 Jurors
204
1432 Jury Deliberations
205
1434 Jury Trial Right
206
1435 Motions
207
1437 Necessity Defense
208
1439 Opinion Testimony
209
1440 Plea Agreements
210
1442 Probable Cause
211
1443 Reasonable Suspicion
213
1444 Record Preservation for Appeal
214
1445 Refusal
215
1447 Replicate Testing
216
1448 Restitution
217
1450 Rule 8
219
1453 Subpoena
220
1456 Warrants
221
Arizona Rules of Evidence
223
Determination of Alcohol Concentration
235
NOTICES OF PROPOSED RULEMAKING
241
UNDER THE INFLUENCE MANDATORY SENTENCING CHART
279
About the Author
287
Index
289
Copyright

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About the author (2006)

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. n 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 IngenuityŠ 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.

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