Defense of Driving Under the Influence Cases

The objective of this chapter is to educate the defense attorney regarding the science and pseudo-science of the driving under the influence (DUI) field. Cross examination is the primary weapon of a defense attorney’s arsenal. Most often, a DUI defense attorney finds oneself cross-examining state toxicologists who have performed chemical testing and police officers who have administered sobriety tests. Therefore, a DUI defense attorney must have knowledge that equals that of the witness. This chapter will explore and deconstructs the underlying studies and police training manuals regarding driving and field sobriety testing, breath testing, blood testing and phlebotomy. The end of the chapter contains defense strategies and trial tactics. It is meant as a guide to educate the defense attorney and to point them toward valuable resources. A DUI defense attorney should strive to know the technical and scientific aspects of a case better than the government’s expert witness and police. The body of knowledge is not so vast as to make this an impossibility.

Availability:
- Find a library where document is available. Order URL: http://worldcat.org/isbn/9781933264585
Corporate Authors:
Lawyers & Judges Publishing Company, Incorporated

P.O. Box 30040
Tucson, AZ United States 85751-0040
Authors:
- Nesci, James
Publication Date: 2008

Language

English

Media Info

Media Type: Print
Edition: Fifth
Features: Figures; References; Tables;
Pagination: pp 387-422
Monograph Title: Garriott's Medicolegal Aspects of Alcohol

Subject/Index Terms

TRT Terms: Alcohol blood tests; Alcohol breath tests; Alcohol effects; Alcohol use; Attorneys; Blood alcohol levels; Drunk driving; Highway safety; Human factors in crashes; Legal action
Subject Areas: Highways; Law; Safety and Human Factors; I83: Accidents and the Human Factor;

Filing Info

Accession Number: 01164912
Record Type: Publication
ISBN: 9781933264585
Files: TRIS
Created Date: Aug 16 2010 9:11AM