Kentucky DUI Defense: The Law and Practice

Description
Reviews

Author: Steven R. Adams and James Nesci
ISBN 10: 1-936360-20-9
ISBN 13: 978-1-936360-20-8
Copyright Date Ed: January 19, 2018
Pages: 416 pages
Binding Information: Casebound plus DVD-ROM
Size: 8.5 ✕ 11 Inches (US)

For even the most seasoned attorney admitted to practice in the Commonwealth of Kentucky, defending DUI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Kentucky 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 Steven R. Adams and James Nesci, members of the National College for DUI Defense, Kentucky 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 Commonwealth of Kentucky. The authors provide the most up-to-date information available on key areas of DUI law in Kentucky 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.

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, DRE manuals, example forms, and more.

Included are the NHTSA Student and Instructor Manuals, the DRE pre-School & DRE School Manuals, and the ARIDE—the latest edition from NHTSA! Some vendor sell these together for $400 or more. They are all included on the DVD at no extra charge!

Lawyers & Judges has published twenty state-specific DUI defense reference books. A practitioner in Colorado raved in the Colorado Lawyer that Colorado DUI Defense: The Law and Practice is “a must-have resource” and would make “a nice gift for the lawyers in your life who practice DUI defense.” The Wisconsin Lawyer reviewer gave Wisconsin OWI Defense: The Law and Practice a touchdown review, calling the book “the best book I have read pertaining to Wisconsin operating-while-intoxicated (OWI) law, and one of the best in dealing with the substance of OWI law.”

Topics Include:

Chapter 1: Lawyer Advertising
Chapter 2: Basic Client Relations & Representing Clients with Special Circumstances
Chapter 3: Driving Under the Influence
Chapter 4: License Suspension
Chapter 5: Pre-Trial Investigations
Chapter 6: Pre-Trial Motions Practice
Chapter 7: Plea Offers
Chapter 8: Trial
Chapter 9: DUI Investigations: Driving and Field Sobriety Testing
Chapter 10: Drug Recognition Evaluation
Chapter 11: Chemical Testing
Chapter 12: Blood Alcohol Calculations for Attorneys
Chapter 13: Expert Witnesses
Chapter 14: DUI Jury Trial Warpack
Appendix A: DWI-Modern Day Salem Witch Hunts by Mimi Coffey, Esq.
Appendix B: The Aging Process and Field Sobriety Tests by Mimi Coffey, Esq.
Appendix C: Fear and the DWI Field Sobriety Tests by Mimi Coffey, Esq.
Appendix D: The Fallacy of the Police Administered ‘Finger to Nose’ Test to Determine Alcoholic Sobriety by Patrick Mahaney, Jimmie L. Valentine, and Valerie Valentine Acevedo
Appendix E: Overcoming Criminal Inadmissibility To Canada by Marisa Feil

DVD-ROM topics include:

NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) Manuals
Automobile & Motorcyclist Pamphlets
NHTSA DWI Detection and Standardized Field Sobriety Testing Manuals
NHTSA Drug Recognition Expert Course (DRE) 7-Day School
NHTSA Driving and BAC Studies
NHTSA Improved Sobriety Testing
Standardized Field Sobriety Testing Validation Studies
NHTSA “The Detection of DWI Motorcyclists” brochure
NHTSA visual detection (videos)
And more!

Table of Cases
Foreword

Chapter 1: Lawyer Advertising
1.1 Ethical Issues in Advertising
SCR Rule 7.01 Definitions
SCR 3.130(7.02) Attorneys’ Advertising Commission
SCR 3.130(7.03) Advisory opinions
SCR 3.130(7.04) Review of filings
SCR 3.130(7.05) Filing of advertisements
SCR 3.130(7.07) Review of filings
SCR 3.130(7.09) Direct contact with potential clients
SCR 3.130(7.10) Communications concerning a lawyer’s service
SCR 3.130(7.15) Advertising of fees
SCR 3.130(7.20) Advertising
SCR 3.130(7.25) Identification of advertisements
SCR 3.130(7.40) Communication of fields of practice
SCR 3.130(7.50) Firm names and letterheads
SCR 3.130(7.60) Kentucky Bar Association disaster response plan
1.2 Advertising Resources
A. Phone Book Advertising
B. Internet Advertising
C. Giveaways
D. Television
E. Print
1.3 Marketing Advice
A. Tiftickjian’s Ten Marketing Tips to Build a Better Practice and Life
1.4 Social Media
A. Ethical Concerns
B. Confidentiality vs. Privilege
C. The 3 Tenets of Social Media: Timeliness, Honesty, and Transparency
D. Facebook
E. Twitter
F. Social Media as a Research Tool
G. Final Thoughts on Social Media

Chapter 2: Basic Client Relations & Representing Clients with Special Circumstances
2.1 Meeting the Prospective Client
2.2 Client Intake Questions
2.3 Client Intake Interview
2.4 Fee Agreements
2.5 Fees
2.6 IOLTA
2.7 Communication
2.8 Client File Retention
2.9 Representing the Military Client for DUI
2.10 Pilots and Merchant Marines
2.11 Non U. S. Citizens—Immigration Consequences
2.12 Canadian Travel

Chapter 3: Driving Under the Influence
3.1 CHAPTER 189A- Driving under the Influence
A. Kentucky Driving Under the Influence
B. Statutory Definitions
C. Non-statutory Definitions
D. Sentencing Guidelines
3.2 CHAPTER 189- Traffic Regulations – Vehicle Equipment and Storage
A. Operating Non-Motorized Vehicles While Under the Influence; Providing Motor Vehicle to Someone Under the Influence; Open Containers while in Vehicle
B. Statutory Definitions
C. General Guidance
D. Sentencing Guidelines
3.3 CHAPTER 281A – Commercial Driver’s License
A. Kentucky Commercial DUI
B. Statutory Definitions
C. Exclusions From Commercial DUI
D. Sentencing Guidelines
3.4 Homicide
3.5 CHAPTER 35 – Military DUI
A. Kentucky Military DUI
3.6 CHAPTER 183 – Aircraft DUI
A. Kentucky Aircraft DUI
B. Statutory Definitions
3.7 CHAPTER 235 – Boating DUI
A. Kentucky Boating DUI
B. Statutory Definitions
C. Sentencing Guidelines
3.8 Plea Bargains

Chapter 4: License Suspension
4.1 Pretrial License Suspension- Kentucky DUI Chapter 189A
A. Pretrial License Suspension- Kentucky Commercial DUI Chapter 281A
4.2 Implied Consent- Chapter 189A
A. Implied Consent- Commercial DUI- Chapter 281A
4.3 Suspension Upon Conviction
A. Ignition Interlock Devices
4.4 Hardship License
4.5 Kentucky Driver Point System

Chapter 5: Pre-Trial Investigations
5.1 Overview
5.2 Proper Filing Techniques
5.3 Visiting the Scene
5.4 Photography and Videos
5.5 Diagrams and Aerial Photography
5.6 Accident Reconstruction
5.7 Event Data Recorders (Black Boxes)
5.8 Roadblock (a.k.a. “DUI Checkpoint”) Investigations
5.9 Obtaining Pretrial Interviews and/or Testimony of Witnesses
5.10 Pre-Trial Questioning of Emergency Personnel
5.11 Pre-Trial Questioning of Civilians
5.12 Prior Offenses

Chapter 6: Pre-Trial Motions Practice
6.1 Overview
6.2 Procedural Motions
Arraignment
Defenses which must be raised by motion
Motion to Preserve Evidence
Request for Discovery
6.3 Substantive Motions
Challenge to grand jury
Reasonable suspicion
Probable cause
Arrest
Motion to Suppress Statements Taken in Violation of Miranda Rights
Motion to Suppress Involuntarily Made Statements
Motion to Dismiss Charges for Violation of the Right to Counsel
Violation of the Right to an Independent Test
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 Immigration Consequences
7.5 Exposure of Prior Offenses
7.6 Subsequent Offenses
7.7 Out of State, Juvenile Prior Offenses, and Timing
7.8 Misdemeanor and Felony Plea Offers

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 Walk and Turn
9.8 One-Leg-Stand
9.9 Commonly Used Non-Standardized/Non-Validated Field Sobriety Tests
9.10 Advanced Roadside Impaired Driving Enforcement (ARIDE)
9.11 Videotaping the Driving and Investigation
References

Chapter 10: Drug Recognition Evaluation
10.1 Overview
10.2 DRE Nationwide Law Comparison
10.3 DRE Admissibility Case Law
10.4 The 12-Step DRE Protocol
10.5 Deconstruction and Analysis of the 12-Step DRE Protocol
10.6 Effects of Various Drugs
10.7 Drug Evaluation Classification Protocol (DECP) Training Program

Chapter 11: Chemical Testing
11.1 Preliminary Breath Testing
11.2 Law
11.3 Safeguards
11.4 Portable Breath Testing (PBT) Devices
11.5 Federal Register
11.6 Henry’s Law and the Blood-to-Breath Ratio
11.7 Evidential Breath Testing
11.8 Infrared Light Absorption
11.9 Basic Operation
11.10 Intoxilyzer® Printouts
11.11 Breath Testing: Methods of Attack
11.12 Calibration
11.13 Required Training
11.14 Requirements for Admissibility of Alcohol Test Results
11.15 Blood Testing: From the Vein to the Lab
11.16 Headspace Gas Chromatography
11.17 Uncertainty of Measurement
11.18 Blood Testing for Drugs
11.19 Solid Dose Screening Tests
11.20 Blood Draws: Consent, Test Procedures, and Independent Testing
References

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
12.5 Partition Ratio Conversions
12.6 Unit Conversions

Chapter 13: Expert Witnesses
13.1 Overview
13.2 Pre-Trial Preparation
13.3 Direct Examination of the Defense Expert Witness
13.4 Cross of the State’s Expert Witness
13.5 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
14.20 Directed Verdict
14.21 Double Jeopardy
14.22 DRE: Drug Recognition Evaluation Admissibility around the Nation
14.23 Due Process
14.24 Evidence
14.25 Expert and Lay Witnesses
14.26 Field Sobriety and Preliminary Breath 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 Choice of Evils Defense
14.38 Opinion Testimony
14.39 Lesser Charges
14.40 Prior Convictions
14.41 Probable Cause
14.42 Reasonable Suspicion
14.43 Record Preservation for Appeal
14.44 Refusal to Submit to Chemical Testing
14.45 Relation Back
14.46 Restitution
14.47 Right to Counsel
14.48 Roadblocks (a.k.a. “DUI Checkpoints”)
14.49 Speedy Trial
14.50 Searches
14.51 Sentencing
14.52 Urinalysis
14.53 Voluntariness of Statements
14.54 Warrants

Appendix A: DWI—Modern Day Salem Witch Hunts
by Mimi Coffey, Esq.

Appendix B: The Aging Process and Field Sobriety Tests
by Mimi Coffey, Esq.

Appendix C: Fear and DWI Field Sobriety Tests
by Mimi Coffey, Esq.

Appendix D: The Fallacy of the Police Administered ‘Finger to Nose’ Test to Determine Alcoholic Sobriety
Patrick Mahaney, Dr. Jimmie L. Valentine, Ph.D, and Dr. Valerie Valentine Acevedo, D.O.

Appendix E: Overcoming Criminal Inadmissibility to Canada
by Marisa Feil

About the Authors
Index