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Arizona DUI Defense: The Law and Practice Book

Arizona DUI Defense: The Law and Practice
Arizona DUI Defense: The Law and Practice, 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 Ed, Arizona DUI Defense: The Law and Practice has a rating of 4 stars
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Arizona DUI Defense: The Law and Practice, 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 Ed, Arizona DUI Defense: The Law and Practice
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  • Arizona DUI Defense: The Law and Practice
  • Written by author James Nesci
  • Published by Lawyers & Judges Publishing Company, Inc., June 2009
  • 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 Ed
  • 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 Ed
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Book Categories

Authors

Table of Cases
How to Use This Book
Foreword

Chapter 1. Lawyer Advertising
1.1 Ethical Issues
1.2 Advertising Resources

Chapter 2. Client Relations
2.1 Meeting the Prospective Client
2.2 Retainer Agreements
2.3 Fees
2.4 IOLTA
2.5 Communication
2.6 Client Interview

Chapter 3. Driving Under the Influence
3.1 Misdemeanor DUI: Many Changes
3.2 Extreme DUI
3.3 Prior Offenses in Misdemeanor Cases
3.4 Aggravated DUI
3.5 Pleas to Endangerment
3.6 Homicide
3.7 Reckless Driving
3.8 Minor Driving With Alcohol in the Body
3.9 Sentencing: Statutory Scheme
3.10 Costs of Incarceration
3.11 Reimbursement for Emergency Response
3.12 Restitution

Chapter 4. Motor Vehicle Division
4.1 Overview
4.2 The Admin per se/Implied Consent Form
4.3 Order of Suspension: Notice
4.4 Administrative per se Suspension A.R.S. n28-1385 52
4.5 Administrative per se Suspension A.R.S. n28-1385 Text
4.6 Implied Consent Suspension (Refusal) A.R.S. n28-1321
4.7 Recantation of Refusal
4.8 Right to Attorney Prior to Taking Chemical Test
4.9 Implied Consent Suspension A.R.S. n28-1321
4.10 Summary Review
4.11 Hearing on Order of Administrative per se License Suspension
4.12 Time Computations
4.13 Reinstatement
4.14 Minors
4.15 Juveniles
4.16 Suspension for Out-Of-State Violations
4.17 Validity of Out-of-State Licenses
4.18 Out-of-State Licensees
4.19 Request for MVD Rehearing
4.20 Appeals from MVD
4.21 MVD Driver Points System
4.22 Commercial Driver License Disqualifications
4.23 Commercial Driver License Notification Requirements
4.24 Certified Ignition InterlockDevices (IID)
4.25 Expungement of Motor Vehicle Record (MVR)
4.26 Mandatory Revocation of Driver Licenses

Chapter 5. Pre-Trial Investigations
5.1 Overview
5.2 Visiting the Scene
5.3 Photography and Videos
5.4 Diagrams and Aerial Photography
5.5 Pretrial Interviews

Chapter 6. Pre-Trial Motions Practice
6.1 Overview
6.2 Procedural Motions
6.3 Substantive Motions
6.4 Motions in Limine
6.5 Evidentiary Hearings

Chapter 7. Plea Offers
7.1 Overview
7.2 Waiver of Rights
7.3 Collateral Consequences
7.4 Exposure of Prior Offenses
7.5 Immigration Consequences
7.6 Misdemeanor Plea Offers
7.7 Felony Plea Offers
7.8 The "Donald" Hearing

Chapter 8. Trial
8.1 Overview
8.2 Voir Dire and Jury Selection
8.3 Jury Instructions
8.4 Opening Statements
8.5 Cross-Examination
8.6 Direct Examination
8.7 Closing Argument
8.8 Sentencing

Chapter 9. DUI Investigations: Driving and Field Sobriety Testing
9.1 Overview: National Highway Traffic Safety Administration (NHTSA)
9.2 Driving Behavior
9.3 Standardized Field Sobriety Testing (SFST) Validation Studies
9.4 Legal Analysis and Summary of the SFST Validation Studies
9.5 Standardized Field Sobriety Test Battery
9.6 Horizontal Gaze Nystagmus (HGN)
9.7 One-Leg-Stand
9.8 Correlation Between BAC and HGN or FSTs
9.9 Commonly Used Non-Standardized/Validated Field Sobriety Tests
9.10 Videotaping the Driving and Investigation

Chapter 10. Drug Recognition Evaluation
10.1 Overview
10.2 DRE Law
10.3 The 12-Step DRE Protocol
10.4 Deconstruction and Analysis of the 12-Step DRE Protocol
10.5 Effects of Various Drugs
10.6 Drug Evaluation Classification Protocol (DECP)

Chapter 11. Chemical Testing
11.1 Preliminary Breath Testing
11.2 Law
11.3 Safeguards
11.4 Commonly Used PBT Devices
11.5 Evidential Breath Testing
11.6 Infrared Light Absorption
11.7 Basic Operation
11.8 Intoxilyzer Printouts
11.9 Breath Testing: Methods of Attack
11.10 Calibration
11.12 Statutory Requirements for Admissibility of Breath Test Results
11.13 Blood Testing: From the Vein to the Lab
11.14 Headspace Gas Chromatography
11.15 Blood Draws: Statutory Admissibility, Sample Preservation and Independent Testing
11.16 Secondary Blood Testing

Chapter 12. Blood Alcohol Calculations for Attorneys
12.1 Blood Alcohol Calculations for Attorneys
12.2 Determining the One-Drink Potential
12.3 Elimination and Retrograde Extrapolation
12.4 White's Retrograde Extrapolation

Chapter 13. Expert Witnesses
13.1 Pretrial Preparation
13.2 Direct Examination of the Defense Expert Witness
13.3 Cross of the State's Expert Witness
13.4 Direct Examination of the State's Expert as a Defense Witness

Chapter 14. DUI Jury Trial Warpack
14.1 Actual Physical Control (APC)
14.2 Aggravation
14.3 Appellate Standard of Review
14.4 Arrest
14.5 Authentication
14.6 Blood Draws
14.7 Breath Testing
14.8 Burden of Proof
14.9 Chain of Custody
14.10 Circumstantial Evidence
14.11 Closing Arguments-Ethical Considerations
14.12 Collateral Estoppel in DUI Cases
14.13 Comment of Defendant's Silence
14.14 Confrontation
14.15 Corpus
14.16 Court Rules
14.17 Credibility of Witnesses
14.18 Destruction of Evidence
14.19 Discovery and Rule 15
14.20 Directed Verdict/Rule 20
14.21 Double Jeopardy
14.22 DRE: Drug Recognition Evaluation Admissibility
14.23 Due Process
14.24 Evidence
14.25 Expert Witnesses
14.26 Field Sobriety Test Admissibility
14.27 Foundation
14.28 HGN
14.29 Impeachment
14.30 Independent Test
14.31 Jurors and Jury Selection
14.32 Jury Deliberations
14.33 Jury Instructions
14.34 Jury Trial Right
14.35 Motions
14.36 Miranda
14.37 Necessity Defense
14.38 MVD
14.39 Opinion Testimony
14.40 Plea Agreements
14.41 Prior Convictions
14.42 Probable Cause
14.43 Reasonable Suspicion
14.44 Record Preservation for Appeal
14.45 Refusal to Submit to Chemical Testing
14.46 Relation Back
14.47 Replicate Testing
14.48 Restitution
14.49 Right to Counsel
14.50 Roadblocks (a.k.a. "DUI Checkpoints")
14.51 Rule 8
14.52 Searches
14.53 Sentencing
14.54 Subpoena
14.55 Voir dire
14.56 Voluntariness of Statements
14.57 Warrants

Appendix A. Arizona Rules of Evidence

Appendix B. Arizona Rules of Criminal Procedure (Rules 1-23)

Appendix C. Arizona Department of Public Safety Alcohol Testing


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Arizona DUI Defense: The Law and Practice, 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 Ed, Arizona DUI Defense: The Law and Practice

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Arizona DUI Defense: The Law and Practice, 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 Ed, Arizona DUI Defense: The Law and Practice

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