Defending Drinking Drivers

Download or read book Defending Drinking Drivers written by Patrick T. Barone and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition of Defending Drinking Drivers provides new text, tips, and case analysis on dozens of topics including:Breath Test Well Below Legal Limit Relevant to the Question of Whether Individual Was Intoxicated. §121.4.1The Prosecutor Need Only Prove that Driver's Ability, not Actual Driving, Was Impaired by Alcohol. §121.4.2Lack of Proximate Cause Leads to Dismissal of Aggravated DUI. §159.2Victim's Comparative Negligence Not Relevant in Proximate Cause Determination. §159.3.Lack of Evidence of Impairment Leads to DUI "Less Safe" Dismissal for Lack of Evidence. §161.1Glazed Dilated Eyes, Odor and Slow Driving Sufficient to Prove Impairment by Marijuana. §161.3.State Fails to Establish Temporal Connection Between Operation and Intoxication. §204.4Use of Prior Police Reports to Attack Officer's Credibility. §401.2.1Substitute Breath Test Witness Violates Confrontation Clause. §516.3.1Pulling Alongside Stopped Vehicle with Flashers on Constitutes Seizure; Community Caretaker Exception Not Applicable. §536.3.4.1Touching or Crossing Lane Markers Does Not Create a Reasonable Articulable Suspicion. §536.8.9Officer's Mistake of Law Regarding Taillights Not Objectively Reasonable. §536.8.10.1Warrantless Entry into Curtilage of Home Invalid. §536.9.3.1Birchfield Suggests that Arrestee's Urine Is More Like Blood than Breath and Warrant Is Required to Collect and Test. §538.3.1Withdrawal of Consent Results in Blood Test Suppression. §538.3.1Lack of Consent or Probable Cause Leads to Suppression of Blood Test and Dismissal of Aggravated DUI. §538.15DUI Fee Paid to Forensic Lab Violates Due Process and Renders Blood Test Inadmissible. §538.16Blood in the Mouth from Deployed Airbags. §547.12Prior Leg Injury and SFST Conditions Compromise Probable Cause Determination. §562.6Using Spectrograms During Voir Dire to Dial in on Jurors' Thoughts and Opinions. §618Defendant's Belligerent Behavior Does Not Relieve Officer of Obligation to Read Implied Consent Rights. §829.3