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Texas DWI Defense: The Law and Practice with DVD - Lawyers & Judges Publishing Company, Inc.

Texas DWI Defense: The Law and Practice with DVD

$ 139.00

  • Author: Mimi Coffey & James Nesci
  • ISBN 10: 1-933264-40-3
  • ISBN 13: 978-1-933264-40-0
  • Copyright Date Ed: December 1, 2009
  • Pages: 305 pages
  • Binding Information: Hardcover
  • Size: 8.5 ✕ 11 Inches (US)

For even the most seasoned Texas attorney, defending DWI cases has always presented special challenges. Today mounting a successful defense is more difficult than ever. Now you have the advantage with Texas DWI Defense: The Law and Practice. This text and DVD contain more information than any other source to help you attain a successful verdict.

Written by James Nesci, Board Certified by the National College for DUI Defense and Mimi Coffey, a Texas DWI law expert, Texas DWI Defense: The Law and Practice ensures that you understand the chemical, biological and technological concepts and issues underlying DWI prosecution and defense in the State of Texas. The authors provide the most up-to-date information available on key areas of DWI law in the State of Texas including: DWI 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 DWI 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 includes NHTSA studies, articles and visual detection videos, as well as expanded sections on Texas law and procedure.

This book is also available as an eBook. Click here to purchase and download:

Table of Contents

Tables of Cases

How to Use This Book


Chapter 1. Client Relations
1.1 Meeting the Prospective Client
1.2 Fees
1.4 Communication
1.5 Client Interview/Confidentiality

Chapter 2. Texas Department of Public Safety and the Administrative License Revocation Program
2.1 Overview
2.2 The Request for the Specimen
2.3 Notice of Suspension/Temporary Driving Permit
2.4 The Administrative Hearing
2.5 The Administrative License Suspension
2.6 Minors and License Suspensions
2.7 Commercial Driver License Disqualifications
2.8 Ignition Interlock Devices
2.9 Out-of-State Licensees
2.10 Suspension for Out-Of-State Violations
2.11 Validity of Out-of-State Licenses

Chapter 3. Pre-Trial Investigations
3.1 Overview
3.2 Photography and Videos
3.3 Diagrams and Aerial Photography
3.4 Witnesses
3.5 Business Records Affidavits
3.6 Texas Commission on Law Enforcement Officer Standards and Education (TECLEOSE) Records
3.7 Weather Reports
3.8 Video Tape Review / Exculpatory Statements
3.9 Dress Appropriately
3.10 ALR Transcripts
3.11 Think Pad
3.12 Packing for Trial
3.13 Gameday

Chapter 4. Pre-Trial Motions Practice
4.1 Overview
4.2 Substantive Motions
4.3 Motions in Limine
4.4 Evidentiary Hearings

Chapter 5. Plea Offers
5.1 Overview
5.2 Waiver of Rights
5.3 Collateral Consequences
5.4 Exposure of Prior Offenses
5.5 Immigration Consequences
5.6 Interlock
5.7 Standard Conditions of Probation
5.8 Restitution
5.9 Misdemeanor Plea Offers

Chapter 6. Trial
6.1 Overview
6.2 Voir Dire and Jury Selection
6.3 Jury Instructions
6.4 Opening Statements
6.5 Cross-Examination
6.6 Direct Examination
6.7 Closing Argument
6.8 Sentencing

Chapter 7. DWI Investigations: Driving and Field Sobriety Testing
7.1 Overview: National Highway Traffic Safety Administration (NHTSA)
7.2 Driving Behavior
7.3 Standardized Field Sobriety Testing (SFST) Validation Studies
7.4 Legal Analysis and Summary of the SFST Validation Studies
7.5 Standardized Field Sobriety Test Battery
7.6 Horizontal Gaze Nystagmus (HGN)
7.7 One-Leg-Stand
7.8 Commonly Used Non-Standardized/Validated Field Sobriety Tests
7.9 Videotaping the Driving and Investigation

Chapter 8. Drug Recognition Evaluation
8.1 Overview
8.2 DRE Law
8.3 The 12-Step DRE Protocol
8.4 Deconstruction and Analysis of the 12-Step DRE Protocol
8.5 Effects of Various Drugs
8.6 Drug Evaluation Classification Protocol (DECP)

Chapter 9. Chemical Testing
9.1 Portable Breath Testing
9.2 Safeguards
9.3 Evidential Breath Testing
9.4 Infrared Light Absorption
9.5 Basic Operation
9.6 Intoxilyzer Printouts
9.7 Breath Testing: Methods of Attack
9.8 Calibration
9.9 Blood Testing: From the Vein to the Lab
9.10 Headspace Gas Chromatography
9.11 Blood Specimens

Chapter 10. Blood Alcohol Calculations for Attorneys
10.1 Blood Alcohol Calculations for Attorneys
10.2 Determining the One-Drink Potential
10.3 Elimination and Retrograde Extrapolation
10.4 White’s Retrograde Extrapolation

Chapter 11. Expert Witnesses
11.1 Pre-Trial Preparation
11.2 Direct Examination of the Defense Expert Witness
11.3 Cross of the State’s Expert Witness
11.4 Direct Examination of the State’s Expert as a Defense Witness

Chapter 12. DWI Trial Warpack—Texas Case Law A to Z
A. Arrest—Quotas
B. Bench Trial—Jeopardy
B. Blood Test—Evidence of Refusal
B. Breath Test Admissibility
B. Breath Test—Refusal and Right to Counsel
C. Character Evidence
C. Cop—Prejudice Favor
C. Cop Testimony—Intoxilyzer Machine
D. Demonstrative
E. Encounter
E. Expert Testimony—Based on Hypothetical Questions
F. Failure to Testify
F. Field Tests—Incrimination
H. Handcuffing—State Can’t Show Defendant
H. HGN—Qualitative and Not Quantitative Purposes
H. HGN—Officer Not Certified
H. HGN—Expert Opinion
H. HGN—Reliability of Application
I. Impeachment
I. Improper Judicial Comments
I. In Court Demonstration
I. Intoxilyzer Operator—Certification
I. Intoxilyzer—Alcohol Opinion
M. Miranda
P. Prosecutors—Arguments
P. Prosecutorial Misconduct
R. Retrograde Extrapolation
R. Reputation for Sobriety
R. Rule: The Witness Rule
S. Subpoenas—Subject to Witness Being Present
T. Test—Multiple
T. Test Refusal and Privilege Against Compulsory Self-Incrimination
V. Video Evidence
V. Voir Dire—Commitment Questions
W. Witness Bolstering by Prosecution
W. Witness—Sanctions

Appendix A. Texas Rules of Evidence

Appendix B. Business Records Affidavits

Appendix C. Checklists

Appendix D. Pre-Trial Motions

Appendix E. Penal Code

Appendix F. DWI—Modern Day Salem Witch Hunts

Appendix G. The Aging Process and Field Sobriety Tests

Appendix H. Administrative License Revocation (ALR) Hearings and Occupational Driver’s Licenses

Appendix I. Automatism

Appendix J. Blood Testing


























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