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

Iowa OWI Defense: The Law & Practice with DVD

$ 165.00

    •    Author: Colin C Murphy, James Nesci
    •    ISBN 10: 1-936360-07-1
    •    ISBN 13: 978-1-936360-07-9
    •    Copyright Date Ed:  May 09, 2014
    •    Pages: 448
    •    Binding Information: Casebound plus DVD
    •    Size: 8.5 ✕ 11 Inches (US)

For even the most seasoned attorney admitted to practice in the State of Iowa, defending OWI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Iowa OWI Defense: The Law and Practice. This text and supplementary DVD contains the most important information to help you attain a successful verdict.

Written by Colin Murphy and James Nesci, both members of the National College for DUI Defense, Iowa OWI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying OWI prosecution and defense in the State of Iowa. The authors provide the most up-to-date information available on key areas of OWI law in Iowa including: OWI 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, OWI Trial Procedures, and more.

Many practical tools and applications designed to streamline and simplify the complex OWI 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 ten other 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 OWI
  • Role of the Motor Vehicle Division
  • Pre-trial investigation
  • OWI 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
  • OWI 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

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: Operating While Under the Influence
3.1 Operating while under the Influence f Alcohol or a Drug
3.2 Iowa Code 321J.2(4) - Prior Convictions for Enhancement
3.3 Iowa Code 707.A - Homicide by Vehicle
3.4 Iowa Code 321.277 - Reckless Driving
3.5 Iowa Code 321J.2(8) - Two Hour Presumption
3.6 Iowa Code 321J.2(10) - Margin of Error
3.7 Iowa Code 321J.2(2) - Sentencing
3.8 Iowa Code 356.7 - Charges for Room and Board
3.9 Iowa Code 321J.2(9) - Restitution
3.10 Iowa Code 321J.2(9) - Restitution for Emergency Response
3.11 Restitution
3.12 Iowa Code 462A.14 - Operating a Motorboat or Sailboat While Intoxicated

Chapter 4: Motor Vehicle Division
4.1 Overview
4.2 Implied Consent to Test
4.3 The Implied Consent Advisory
4.4 Notice of Revocation
4.5 Hearings and Appeals
4.6 Iowa Code 804.20 - Right to Counsel Prior to Taking Chemical Test
4.7 Iowa Code 321J.20 - Temporary Restricted License - Ignition Interlock Devices
4.8 Reinstatement
4.9 Zero Tolerance for U-21 Drivers
4.10 Children
4.11 Revocation for Out-of-State Offense
4.12 Validity of Out-of-State Licenses
4.13 Out-of-State Licensees
4.14 Application for Rehearing
4.15 Appeals from MVD
4.16 MVD Driver Points System
4.17 Commercial Driver License Disqualifications
4.18 Commercial Driver License Notification Requirements
4.19 Ignition Interlock Device
4.20 Expungement of Certified Driving Record (CDR)
4.21 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 Accident Reconstruction
5.6 Event Data Recorders (Black Boxes)
5.7 Roadblock (a.k.a. "OWI Checkpoint") Investigations
5.8 Pretrial Depositions

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

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: OWI 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 Refusal of SFSTs and General Admissibility
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 Statutory Law
10.3 Per Se Statutes Comparison
10.4 Impairment Statutes Comparison
10.5 Iowa DRE Laws
10.6 Defenses
10.7 Implied Consent Laws Comparison
10.8 DRE Case Law
10.9 The 12-Step DRE Protocol
10.10 Deconstruction and Analysis of the 12-Step DRE Protocol
10.11 Effects of Various Drugs
10.12 Drug Evaluation Classification Protocol (DECP)
10.13 Drug Evaluation Classification Training Program

Chapter 11: Chemical Testing
11.1 Preliminary Breath Testing
11.2 Law on PBT
11.3 Safeguards
11.4 Commonly Used PBT Devices
11.5 Henry’s Law and the Blood to Breath Ratio
11.6 Evidential Breath Testing
11.7 Infrared Light Absorption
11.8 Basic Operation
11.9 DMT Printouts
11.10 Breath Testing: Methods of Attack
11.11 Calibration
11.12 Iowa Administrative Code Title 661, Chapter 157 - Breath and Urine Testing
11.13 Statutory Requirements for Admissibility of Breath Test Results
11.14 Blood Testing: From the Vein to the Lab
11.15 Headspace Gas Chromatography
11.16 Blood Draws: Statutory Admissibility, Sample Preservation and Independent Testing
11.17 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
12.5 Partition Ratio Conversions
12.6 Unit Conversions

Chapter 13: Expert Witnesses
13.1 Retaining the Expert
13.2 Pretrial 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: OWI Jury Trial Warpack
14.1 Actual Physical Control (APC)
14.2 Aggravaition
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 OWI 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
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 Restitution
14.48 Right to Counsel
14.49 Roadblocks (a.k.a. “DUI Checkpoints”)
14.50 Rule 2.33
14.51 Searches
14.52 Sentencing
14.53 Voir Dire
14.54 Voluntariness of Statements and Trustworthiness
14.55 Warrants

Appendix A: Modern Day Salem Witch Hunts

Appendix B: The Aging Process and Field Sobriety Tests

Appendix C: Fear and DWI Field Sobriety Tests

Appendix D: Iowa Rules of Criminal Procedure

Appendix E: Iowa Rules of Evidence

Appendix F: Iowa Rules of Appellate Procedure

 

 

 

 

 

 

 

 


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