Preface |
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Acknowledgments |
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PART I CRIME AND PUNISHMENT |
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§ 1.01 The Nature of the Crime |
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§ 1.03 What Constitutes "Driving"? |
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§ 1.04 Under the Influence of Alcohol |
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§ 1.05 The "Per Se" Violation |
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§ 1.06 Under the Influence of Drugs |
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§ 1.07 Felony Drunk Driving |
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§ 1.09 Inchoate and Accomplice Liability |
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§ 1.10 Affirmative Defenses |
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§ 2.01 Sentencing in the DUI Case |
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§ 2.02 Statutory Enhancements: Refusal, Speed, and Other Factors |
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§ 2.03 Alternative Sentencing |
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§ 2.04 Multiple Punishments |
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§ 2.05 Probation Violation Hearings |
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Chapter 3 The Administrative License Suspension |
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§ 3.02 The Administrative Hearing |
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§ 3.03 The "Per Se" Suspension (.08 Percent) |
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§ 3.04 The Refusal Suspension |
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§ 3.05 Interstate Driver's License Compact |
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Chapter 4 Dui as a Federal Crime |
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§ 4.02 DUI on Land Administered by the National Park Service |
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§ 4.03 DUI on Other Federally Owned Land |
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§ 4.04 Issues Applicable to All Federal Lands |
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§ 5.01 Field Evidence and the Arresting Officer |
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§ 5.03 Appearance and Behavior of Defendant |
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§ 5.04 Field Sobriety Tests |
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§ 5.05 Advanced Roadside Impaired Driving Enforcement (ARIDE) |
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§ 5.06 Drug (Recognition) Evaluation and Classification |
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§ 5.07 Preliminary Breath Tests |
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§ 5.08 Audio and Video Recordings |
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Chapter 6 Introduction to Blood-Alcohol Analysis |
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§ 6.01 Forensic Alcohol Analysis |
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§ 6.02 Alcohol and the Human Body |
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§ 6.03 Retrograde Extrapolation: Projecting Test Levels Back to Time of Driving |
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§ 6.04 General Sources of Error |
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Chapter 7 Breath Analysis |
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§ 7.01 The Reliability of Breath-Alcohol Analysis |
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§ 7.02 Nonspecific Analysis |
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§ 7.04 Additional Sources of Error |
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Chapter 8 Blood and Urine Analysis |
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Chapter 9 Initial Investigation and Arraignment |
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§ 9.01 Initial Client Contact |
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§ 9.02 Case Investigation |
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§ 9.03 Analysis of the Case |
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§ 9.05 Plea Bargaining Considerations |
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Chapter 10 Prior Convictions |
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§ 10.01 The Prior DUI Conviction |
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§ 10.02 Prosecutorial Burden |
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§ 10.03 Bifurcation of Trial |
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§ 11.01 Discovery of DUI Evidence |
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§ 11.02 Preservation and Production of Blood/Urine Sample |
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§ 11.03 Preservation and Production of the Breath Sample: Trombetta |
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§ 11.04 The Discovery Motion |
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Chapter 12 Suppression of Evidence |
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§ 12.01 Probable Cause to Stop, Detain, and Arrest |
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§ 12.02 The Fallibility of Radar Devices |
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§ 12.03 Sobriety Checkpoints: Sitz |
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§ 12.05 Incriminating Statements |
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§ 12.08 Chemical Test Evidence |
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Chapter 13 Setting the Stage |
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§ 13.02 The Opening Statement |
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§ 13.03 Using Demonstrative Evidence |
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§ 13.04 Keeping the Prosecution in Line |
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Chapter 14 Cross-Examination |
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§ 14.01 The Importance of Cross-Examination |
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§ 14.02 The Arresting Officer |
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§ 14.03 Techniques for Cross-Examination of the Officer |
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§ 14.04 Cross-Examination of Arresting Officer |
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§ 14.05 The Breath Operator and/or Blood-Alcohol Expert: Strategy and Techniques |
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§ 14.06 Illustrative Cross-Examination of Operator/Expert |
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§ 14.07 Illustrative Cross-Examination of the Lay Witness |
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Chapter 15 The Defense Proof |
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§ 15.01 The Sobriety Witness |
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§ 15.02 The Defense Blood-Alcohol Expert |
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§ 15.03 The Defense Police Expert |
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§ 15.04 Should the Defendant Testify? |
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Chapter 16 Closing Argument |
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§ 16.01 Summation: Strategy and Illustration |
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§ 16.02 Jury Instructions |
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Resources |
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Table of Cases |
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Index |
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