Utah DUI Defense: The Law and Practice

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Lawyers & Judges Publishing Company, 2011 - Law - 458 pages
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For even the most seasoned attorney admitted to practice in the State of Utah, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Utah DUI Defense: The Law and Practice. This text and supplementary DVD contains the most important information to help you attain a successful verdict.Written by Glen Neeley, James Nesci, and Jason Schatz, all board-certified members of the National College for DUI Defense,Utah 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 Utah. The authors provide the most up-to-date information available on key areas of DUI law in Utah 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, DWI Trial Procedures, and more.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 contains NHTSA studies, articles and visual detection videos, as well as expanded sections on Utah law and procedure.Book Topics Include: * Types of DUI * Role of the Motor Vehicle Division * Pre-trial investigation * DWI investigations * Driving behavior * Field sobriety testing * Drug recognition * Chemical testing for alcohol and drugs * Blood alcohol calculations * Use of expert witnesses * Pre-trial motions * Plea offers * Revised sentencing charts * DUI jury trial information * Client relations * Ethics and advertising * Utah Rules of Evidence DVD topics include: * USDOT "Drugs That Impair Driving" student manual and teacher manual * USDOT "DWI Detection and Standardized Field Sobriety Testing" student manual and teacher manual * SFST validation studies * USDOT "SFST Refresher Training Course" student manual and teacher manual * MVD court abstracts * NHTSA "The Detection of DWI Motorcyclists" brochure * NHTSA "Use of Sobriety Checkpoints for DUI" article * NHTSA driving and blood alcohol concentration studies * NHTSA visual detection videos * And more!
 

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Contents

Client Relations
9
Driving Under the Influence
17
Drivers License Division
55
PreTrial Investigations
99
PreTrial Motions Practice
105
Plea Offers
127
DUI Investigations Driving and Field Sobriety Testing
157
Drug Recognition Evaluation
187
DUI Jury Trial Warpack
265
Utah Rules of Professional Conduct
353
Utah Rules of Criminal Procedure
359
Utah Rules of Evidence
391
Modern Day Salem Witch Hunts
429
The Aging Process and Field Sobriety
435
About the Authors
447
Copyright

Attorneys
241

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About the author (2011)

Glen Neeley is a graduate of Oklahoma City University College of Law and has been a solo practitioner since being admitted to the Utah State bar in 1998. He is an honorably discharged veteran from the United States Air Force Reserves. In 2001, Mr. Neeley became a Member of the National College for DUI Defense. In 2009, Mr. Neeley passed all examinations and requirements for Board Certification from the National College for DUI Defense. In the Summer of 2009, he was officially Board Certified in DUI Defense, which was presented at the Harvard Law School, Cambridge, Massachusetts. He is currently one of only two Board Certified attorneys in the State of Utah. His practice is devoted entirely to criminal defense with an emphasis in defending those accused of DUI and drug-related offenses. At any time, he typically defends about 30 DUI cases in several jurisdictions including the Utah Federal District Court. Mr. Neeley often defends cases with high blood/breath alcohol levels. Mr. Neeley is known for his relentless attention to detail and investigation of any given case. He was the attorney that argued the Utah Court of Appeals Case State v. Kinne, in which Mr. Kinne's felony DUI case was dismissed at the preliminary hearing stage of the case. The prosecutor appealed the ruling to the Utah Court of Appeals. The ruling was affirmed. The ruling that came from the case required foundational evidence to be presented before a PBT or an Intoxilyer result can be admitted, even at the preliminary hearing stage. Mr. Neeley presents at seminars for the Utah Association of Criminal Defense Lawyers once or twice a year on any number of DUI defense subjects. His opinion is sought by DUI attorneys across the nation on various issues. He is one of only a handful of attorneys in the State of Utah who owns his own Intoxilyzer and his own Preliminary Breath Test (PBT) Device. Mr. Neeley is a graduate of the Trial Lawyers College held in Dubois, Wyoming. This is a twenty-one day course that is taught and sponsored by the well-renowned lawyer, Gerry Spence. The entire twenty-one days is focused on trial presentation skills. The course helped Mr. Neeley obtain priceless skills in telling his client's stories to the jury. Mr. Neeley has the highest rating of superb on Avvo.com. He was named on Utah Business Magazine's list of “Legal Elites” (January, 2006). He regularly attends national conferences and seminars with specific and advanced training in DUI defense. He has been interviewed by local and national news media for his opinion on cases and law involving DUI-related offenses. Mr. Neeley served an LDS Mission in Canada for two years when he was 19 years old. He is married with three daughters. His interests are traveling, spending time with his family, mountain biking, and studying.James Nesci is a 1994 graduate of the University of Arizona College of Law and is a partner in the firm Nesci & St. Louis, P.L.L.C. where, in addition to writing books on DUI defense, he works on large-scale challenges to DUI laws and investigatory techniques. Mr. Nesci is AV-Rated® by Martindale-Hubbell and has been named one of The Best Lawyers in America® for 2010. 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. He is the only Board Certified attorney in the State of Arizona and one of less than fifty in the nation (as of January 2011). Board Certification is recognized by the American Bar Association. In 2006, he was appointed Regent of the National College for DUI Defense. He was formerly 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 the author of Arizona DUI Defense: The Law & Practice, Second Edition, a legal treatise written for DUI defense attorneys and published by Lawyers & Judges Publishing Company. He is a contributing author for the Fifth Edition of the treatise Medicolegal Aspects of Alcohol, which is a text used by forensic toxicologists across the world and serves as the text for the Borkenstein School at Indiana University. His firm's practice is devoted almost entirely to defense of vehicular crimes. At any one time, he typically defends between fifteen and twenty DUI cases in several jurisdictions. He is one of only a handful of attorneys in the nation who is well-versed in Driving Under the Influence of Drugs cases. 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 pre-trial 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 suppression of breath tests in over 7,000 cases and the removal of the RBT-IV from the streets of Arizona. He also spear-headed the effort to obtain the manufacturer's source code and software for the CMI Intoxilyzer 8000. Although the source code was never obtained, he almost single-handedly ground 90 percent of all DUI prosecutions within the City of Tucson to a halt for nearly three years and obtained breath test suppressions and dismissals in hundreds of DUI cases. He has 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 testing. His opinion is sought by DUI attorneys across the nation on various issues. He is one of only a handful of attorneys in the country who holds a DOT-Compliant Permit to operate an Intoxilyzer® 8000. He owns both an Intoxilyzer® 5000 and 8000 which are used for in-court demonstrations and for research purposes. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. Mr. Nesci has lectured from coast-to-coast for such organizations as The University of Arizona James E. Rogers College of Law, Arizona State University College of Law Alumni Association, the University of Mississippi CLE Department, South Texas College of Law CLE Department, Arkansas Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, Arizona Public Defenders Association, California Attorneys for Criminal Justice, City of Phoenix and Maricopa County Public Defender's Offices, Florida Association of Criminal Defense Lawyers, Indiana Public Defender's Council, Louisiana Association of Criminal Defense Lawyers, Maricopa County Bar Association, Maryland Criminal Defense Attorneys Association, the Mexican-American Bar Association at Loyola, National Association of Criminal Defense Lawyers, the National College for DUI Defense, the Nevada State Bar Association, New York State Bar Association, the Ohio Association of Criminal Defense Lawyers, Pima County Bar Association, Pima County Bar Association Young Lawyer's Division, Texas Criminal Defense Lawyers Association, Tucson City Public Defender's Office and the Washington Foundation for Criminal Justice. He has taught seminars on the subjects of Ethics, Fourth Amendment Law, Drug Recognition Evaluations (DUI-Drugs/DRE), Cross-Examination, Trial Tactics, Jury Selection, Field Sobriety Testing, Blood Alcohol Calculations, Opening and Closing Arguments, Source Code Litigation, Frye and Daubert Challenges, Intoxilyzer 8000 Operator's Course, Headspace Gas Chromatography, Blood and Breath Testing. He is a frequent guest of the John C. Scott radio program in Tucson. The Tucson Weekly named Mr. Nesci “King of the DUI Defense” (December 19, 2002). He has appeared on CNN, Inside Edition, Celebrity Justice, Fox News, Access Hollywood, Court TV and National Public Radio. Mr. Nesci is married with twin daughters. He is an honorably discharged veteran of the U.S. Navy. His interests are traveling, fine wines, port and fast cars. He is an amateur race car driver, mechanic, and a Corvette fanatic.Jason A. Schatz Mr. Schatz is a graduate of the University of Utah S.J. Quinney School of Law. He obtained his first not guilty verdict in a DUI jury trial before he even graduated from law school while participating in a third year internship at the local public defenders office. Immediately upon graduation from law school, Mr. Schatz formed the private practice of Schatz & Anderson with his partner Steve Anderson and focused solely on criminal and DUI defense. Mr. Schatz is currently the managing partner of the Salt Lake City law firm of Schatz, Anderson & Uday, one of the State's largest law firms focused entirely on DUI and criminal defense. Mr. Schatz's practice is limited almost exclusively to DUI defense and he has handled over 1,000 DUI cases in the past 7 years. Since entering private practice, he has continued to study the art of DUI defense, having completed both the National Highway Traffic Safety Administration's (NHTSA) Standard Field Sobriety Test (SFST) Student Course as well as the NHTSA SFST Instructor Course. Mr. Schatz has also attended an Intoxilyzer Operator's course and an Intoxilyzer Technician's course to learn more about breath testing. Mr. Schatz is a member of the Utah State Bar, Salt Lake County Bar, Utah Association of Criminal Defense Lawyers, and the National Association of Criminal Defense Lawyers. He is also proud to be a member of the National College of DUI Defense (NCDD) and in 2008 he became the first attorney in the State of Utah, and one of the youngest attorneys ever, to be awarded Board Certification in DUI Defense by the NCDD. Mr. Schatz is also a member of the NACDL Stand9781606150795\Dana Grubb is a writer, speaker, and women's Bible study leader who seeks to lead women to the Word of God. Educated as an architect, she now devotes her energies to teaching, using both published studies and her own material. Dana Grubb is married and a mother of two children. She lives in Texas. This is her first published Bible study.

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