Missouri DWI Defense: The Law and Practice PDF eBook

• Author: Robert Murray, Stephen P. Wilson, and James Nesci
  
• ISBN 10: 1-936360-36-5
  
• ISBN 13: 978-1-936360-36-9
• Copyright Date Ed: February 3, 2017
• Pages: 368 pages
  
• PDF eBook

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

Written by Robert Murray, Stephen P. Wilson, and James Nesci, members of the National College for DUI Defense, Missouri 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 Missouri. The authors provide the most up-to-date information available on key areas of DWI law in Missouri 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.

Lawyers & Judges has published eighteen 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.”

Chapters Include:

• Chapter 1: Lawyer Advertising
• Chapter 2: Basic Client Relations & Representing Clients with Special Circumstances
• Chapter 3: Driving While Intoxicated
• Chapter 4: Department of Revenue
• Chapter 5: Pre-Trial Investigations
• Chapter 6: Pre-Trial Motions PracticeChapter 7: Plea Offers & Collateral Consequences
• Chapter 8: Trial
• Chapter 9: DWI 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
• Appendix A: Missouri Rules of Criminal Procedure
• Appendix B: The Aging Process and Field Sobriety Tests by Mimi Coffey, Esq.
• Appendix C: DWI-Modern Day Salem Witch Hunts by Mimi Coffey, Esq.
• Appendix D: DWI-Fear and the DWI Field Sobriety Tests by Mimi Coffey, Esq.
• Appendix E: The Fallacy of the Police Administered ‘Finger to Nose’ Test to Determine Alcoholic Sobriety by Patrick Mahaney, Jimmie L. Valentine, and Valerie Valentine Acevedo

Table of Contents:

Tables of Cases

Chapter 1: Lawyer Advertising
1.1 Ethical Issues in Advertising
Rule 4-7.1: Communication Concerning a Lawyer’s Services
Rule 4-7.2: Advertising
Rule 4-7.3: Direct Contact with Prospective Clients
Rule 4-7.4: Communication of Fields of Practice and Specialization
Rule 4-7.5: Firm Names and Letterheads
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 Retainer 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 While Intoxicated
3.1 DWI Laws and Changes
3.2 Elements of DWI and BAC
3.3 Prior, Persistent, Aggravated and Chronic DWI Offenders
3.4 Other Criminal Offenses involving Driving While Intoxicated
3.5 Careless and Imprudent Driving
3.6 Minor Under 21 Driving With Measurable Alcohol in the Body
3.7 Sentencing: Statutory Scheme Including Imprisonment, Fines, Probation and Restitution
3.8 Missouri Implied Consent Law

Chapter 4: Department of Revenue
4.1 Overview
4.2 The Implied Consent Notice
4.3 Order of Suspension: Notice
4.4 Administrative Alcohol Suspension or Revocation (§302.505-302.530)
4.5 Administrative Alcohol Suspension or Revocation - Statutory Authority (§302.505-302.530)
4.6 Refusal Revocation §577.041
4.7 Right to Attorney Prior to Taking Chemical Test
4.8 Refusal Revocation - Statutory Authority - §577.041
4.9 Administrative Alcohol Hearing
4.10 Refusal Hearings
4.11 Time Computations
4.12 Reinstatement
4.13 Minors
4.14 Suspension for Out-Of-State Violations
4.15 Validity of Out-of-State Licenses
4.16 Out-of-State Licensees
4.17 Appeals from DOR Suspensions or Revocations
4.18 DOR Driver Points System
4.19 Commercial Driver’s License Disqualifications
4.20 Commercial Driver’s License Notification Requirements
4.21 Ignition Interlock Devices (IID)
4.22 Expungement of DWI or Administrative Suspensions from DOR Records
4.23 Limited Driving Privileges (302.309, RSMo)

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 Police Radio Codes
5.10 Pre-Trial 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 Evidentiary Hearings

Chapter 7: Plea Offers & Collateral Consequences
7.1 Overview: Plea Offers
7.2 Waiver of Rights
7.3 Collateral Consequences
7.4 Exposure of Prior Offenses
7.5 Subsequent Offenses
7.6 Out of State Prior Offenses
7.7 Misdemeanor Plea Offers
7.8 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: DWI 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 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 Statutory Law Comparison
10.3 Per Se Nationwide Statutes Comparison
10.4 Impairment Nationwide Statutes Comparison
10.5 Nationwide Defenses Comparison
10.6 Implied Consent Laws Comparison
10.7 DRE Admissibility 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 (DECP)
10.12 Drug Evaluation Classification Training Program

Chapter 11: Chemical Testing
11.1 Preliminary Breath Testing
11.2 Statutory Law on Preliminary Breath Testing
11.3 Safeguards
11.4 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 Breath Testing: Methods of Attack
11.10 Calibration
11.11 Missouri Administrative Code
11.12 Statutory Requirements for Admissibility of Breath Test Results
11.13 Blood Testing: From the Vein to the Lab
11.14 Headspace Gas Chromatography
11.15 Uncertainty of Measurement
11.16 Blood Testing for Drugs
11.17 Blood Draws: Statutory Admissibility, Sample Preservation 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 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

Appendix A: Missouri Rules of Criminal Procedure

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

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

Appendix D: DWI—Fear and the DWI Field Sobriety Tests
by Mimi Coffey, Esq.

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

About the Authors
Index