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

Virginia DUI Defense: The Law & Practice with DVD

$ 149.00

  • Author: Bob Battle
  • ISBN-10: 1-933264-92-6
  • ISBN-13: 978-193326-492-9
  • Copyright Date Ed: January 3, 2012
  • Pages: 224 pages
  • Binding Information: Casebound with DVD
  • Size: 8.5 x 11 inches (US)

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

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

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

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
2.5 Communication
2.6 Client Interview

Chapter 3: Driving Under the Influence
3.1 Misdemeanor DUI
3.2 Virginia DUI Penalties
3.3 Restricted Operator’s License
3.4 Refusal to Submit to Breath or Blood Test—Virginia Code §18.2-268.3
3.5 Homicide and Serious Bodily Injury
3.6 Reckless Driving
3.7 Minor Driving with Alcohol in the Body—Virginia Code §18.2-266.1

Chapter 4: Department of Motor Vehicles
4.1 No Separate DMV Hearing for DUI License Suspension Issues
4.2 Virginia’s Uniform Demerit Point System
4.3 Drivers Under Age 18
4.4 Adult Drivers
4.5 Drivers on Probation
4.6 Drivers Under Control Period

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 Pre-Trial Motion 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: 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 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 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 on PBT
11.3 Safeguards
11.4 Virginia’s Approved PBT Devices
11.5 Henry’s Law and the Blood to Breath Ratio
11.6 Evidential Breath Testing
11.7 Principles and Theory of Dry Gas Standards
11.8 Gas Tank Instrument Errors
11.9 Principles of Fuel Cell Sensor
11.10 Principles of Infrared Cell
11.11 General Operating Principles
11.12 Interferents
11.13 The Operating Environment
11.14 Virginia Operating Procedures
11.15 Operator Instrument Messages
11.16 Maintenance
11.17 Breath Testing: Methods of Attack
11.18 Federal Requirements for Evidential Breath Testers (EBT)
11.19 Calibration Standard with Dry-Gas
11.20 Statutory Requirements for Admissibility of Breath Test Results
11.21 Deficient Sample Readings and Refusal Charges in Virginia
11.22 Blood Testing: From the Vein to the Lab
11.23 Headspace Gas Chromatography
11.24 Statutory Requirements for Admissibility of Blood Test Results

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 Pretrial Preparation
13.2 Direct Examination of the Defense Expert Witness
13.3 Cross-Examination 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 Administrative License Suspension (ALS)
14.3 Aggravation
14.4 Appeals
14.5 Arrests
14.6 Blood Draws and Breath Tests
14.7 Confrontation and Cross-Examination
14.8 Destruction of Evidence
14.9 Double Jeopardy
14.10 Field Sobriety Tests
14.11 Jury Selection
14.12 Miranda
14.13 Reasonable Suspicion
14.14 Roadblocks (“DUI Checkpoints”)
14.15 Searches
14.16 Voluntariness of Statements

Appendix A: DWI—Modern Day Salem Witch Hunts

Appendix B: The Aging Process and Field Sobriety Tests

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