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Colorado DUI Defense: The Law & Practice with DVD - Lawyers & Judges Publishing Company, Inc.

Colorado DUI Defense: The Law & Practice with DVD

$ 165.00

  • Author: Jay M. Tiftickjian, James Nesci
  • ISBN 10: 1-936360-06-3
  • ISBN 13: 978-1-936360-06-2
  • Copyright Date Ed:  September 12, 2013
  • Pages: 400
  • Binding Information: Casebound with DVD
  • Size: 11 X 8.5 Inches (US)

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

Lawyers & Judges has published fourteen 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”

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

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!

Table of Contents

Tables of Cases
How to Use This Book
Preface

Chapter 1: Lawyer Advertising
1.1 Ethical Issues in Advertising
1.2 Advertising Resources

Chapter 2: Client Relations
2.1 Meeting the Prospective Client
2.2 Client Intake Questions
2.3 Client Intake Interview
2.4 Fees
2.5 Fee Agreements
2.6 Colorado Lawyer Trust Account Foundation
2.7 Communication
2.8 Client File Retention

Chapter 3: Alcohol- and Drug-Related Driving Offenses
3.1 Introduction
3.2 The Statute
3.3 Definitions—Common Elements
3.4 Pretrial Conditions
3.5 Penalties
3.6 Underage Drinking and Driving (UDD)
3.7 Other Offenses Related to DUI
3.8 Costs and Restitution
3.9 Federal Court Jurisdiction

Chapter 4: Division of Motor Vehicles
4.1 Overview
4.2 Colorado’s Express Consent Law
4.3 Revocation Based on Administrative Determination
4.4 Mandatory Revocation of License Subsequent to Court Conviction
4.5 Excessive Points Suspensions
4.6 Driver’s License Reinstatement
4.7 Multiple Conviction Revocations
4.8 Habitual Traffic Offender
4.9 Minor Drivers
4.10 Commercial Drivers
4.11 Out-of-State Convictions
4.12 Out of State Reinstatement Issues
4.13 Interstate Driving Consequences

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 DUI Checkpoint Investigations

Chapter 6: Pre-Trial Motions
6.1 Overview
6.2 Procedural Motions
6.3 Motions to Suppress
6.4 Motions in Limine

Chapter 7: Dispositions and Collateral Consequences
7.1 Overview
7.2 Waiver of Rights
7.3 Collateral Consequences
7.4 Exposure of Prior Offenses
7.5 Subsequent Offenses
7.6 Out of State, Timing and Juvenile Prior Offenses
7.7 Misdemeanor 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

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 Refusal of SFSTs and General Admissibility
9.10 Commonly Used Non-Standardized/Non-Validated Field Sobriety Tests
9.11 Videotaping the Driving and Investigation

Chapter 10: Drug Recognition Evaluation
10.1 Overview
10.2 DRE Statutory Law
10.3 Per Se Statutes Comparison
10.4 Impairment Statutes Comparison
10.5 Defenses
10.6 Implied Consent Laws Comparison
10.7 DRE Case Law
10.8 The 12-Step DRE Protocol
10.9 Deconstruction and Analysis of the 12-Step DRE Protocol
10.10 Effects of Various Drugs
10.11 Drug Evaluation Classification Protocol
10.12 Drug Evaluation Classification Training Program

Chapter 11: Chemical Testing
11.1 Preliminary Breath Testing
11.2 Law
11.3 Colorado Approved Screening Devices
11.4 Safeguards
11.5 Commonly Used PBT Devices
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 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
12.17 Blood Alcohol Calculations for Attorneys
12.18 Determining the One-Drink Potential
12.19 Elimination and Retrograde Extrapolation
12.20 White’s Retrograde Extrapolation
12.21 Partition Ratio Conversions
12.22 Unit Conversions
References

Chapter 12: Expert Witnesses
12.1 Overview
12.2 Definition of Expert Testimony
12.3 Pre-Trial Preparation
12.4 The Prosecutor’s Expert Notice Requirements
12.5 The Confrontation Clause
12.6 Confrontation Notice Requirements
12.7 Defendant’s Notice Requirements for an Expert Witness
12.8 Cross Examination of the State’s Expert Witness
12.9 Direct Examination of the Defense Expert Witness
12.10 Direct Examination of the State’s Expert as a Defense Witness

Chapter 13: Appeals and Post Conviction Issues
13.1 Sentencing Preparation
13.2 Motions for Reconsideration
13.3 Record Sealing
13.4 DMV Appeals
13.5 Interlocutory Appeals
13.6 Appeals of County Court Judgments

Chapter 14: DUI Warpack
14.1. DMV Proceedings
14.2 Pre-trial Investigation
14.3 Client Competency
14.4 Pre-trial Suppression Motions
14.5 Sixth Amendment Issues
14.6 The Confrontation Clause
14.7 Trial Framework
14.8 Cross-Examination
14.9 General Evidentiary Issues
14.10 Prosecutorial Misconduct
14.11 Jury Instructions
14.12 Defenses And Elemental Issues Concerning Specific Offenses
14.13 Plea Bargains & Guilty Pleas
14.14 Double Jeopardy, Merger & Multiplicity
14.15 Sentencing
14.16 Appellate Jurisdiction & Procedure
14.17 Post-Conviction
14.18 Probation Revocation
14.19 Miscellaneous Constitutional Issues
14.20 Other Issues

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: Forms
C.1 Application for Reinstatement
C.2 Certification
C.3 Restricted License Ignition Interlock Agreement Affidavit
C.4 Affidavit of Enrollment
C.5 Out of State Residency Affidavit
C.6 Per Se-Express Consent Doc Request

Appendix D: HB 1325

Appendix E: HB 1240

Appendix F: Rules for Hearings Related to Driver’s Licenses or State Issued Identification Cards

About the Authors

Index

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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