DWI defense is one of the most challenging and technical areas of criminal law. Authors Kimberly Tucker and Deandra Grant and their highly experienced collaborators share with you their most effective strategies. This edition brings you recent developments in Texas DWI law and new material on: Standardized Field Sobriety Tests – Chapter 5 NHTSA Manuals. Every DWI defense lawyer should obtain the 2013, 2015, and 2018 NHTSA Student and Instructor Manuals. Their contents are priceless for trial, particularly for cross-examination of the arresting officer. Chapter 5 has been extensively updated based on material from these manuals. Blood Test Cases – Chapter 7 Enzymatic Testing: New Case Studies with Hearing Transcript to Exclude Test Results. The defendants in these cases were involved in MVAs, one including a fatality. Their blood was drawn at the hospital after the site was cleaned with a swab containing isopropyl alcohol. Learn the strategies and evidence needed to challenge the results. Included is a transcript of a successful hearing to suppress the enzymatic test results. The transcript provides defense and prosecution examinations of the hospital lab tech, the hospital lab director, and the state’s DPS analyst. The prosecution’s arguments and the defense’s winning counter-arguments are also included. Jury Selection – Chapter 7 Team Innocent Voir Dire. Team Innocent is a trial theme that focuses on the presumption of innocence and the State’s burden of proof. It equates a jury to a “team” that starts off wearing the Team Innocent jersey. The key concepts that should be raised during voir dire are presented. Two sample voir dire transcripts illustrate use of the Team Innocent approach. Punishment Strategies – Chapter 10 Jury Punishment: Dallas attorney John Gioffredi once again updates his guidelines for electing to have the jury impose punishment. He explains the significant benefits of this technique in the right cases and how to convince your client to go for it. He covers what you need to accomplish during jury selection, how to deal with testimony from the probation officer, and deciding whether your client should testify. He also updates his client handout explaining the strategy and preparing the client to testify on the impact of his or her DWI arrest.
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