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Michigan Criminal Defense Lawyer BlogDefending Drinking Drivers 2020 Update Now Available
The Barone Defense Firm is pleased to announce that the 2020 Edition of Patrick Barone’s Defending Drinking Drivers is now available from the publisher, Amazon, and wherever fine books are sold. Known as “revision 36,” the current Edition contains many new sections and model defense motions.
Regarding the defense of a DUI with a blood test, the 2020 update contains sample cross-examination of the doctor, nurse, technician, or phlebotomist. This model cross-examination includes sample questions relative to contamination and suggestions for how to approach and perhaps discredit the creditably of this important but often overlooked prosecution witness. Also, in Chapter Six, Trial, Mr. Barone sets forth a new way of approaching voir dire and the 2020 update also contains a samle motion requesting attorney conducted voir dire. Also, in his revision of Chapter 6, Mr. Barone provides a unique and compelling explanation for why seating arrangements are an important element of trial and why the court should consider allowing the defendant to sit next to the jury rather than always cede this seat to prosecutor by default. A sample motion for requesting that the defendant be provided with the “best” seat is also included in this 2020 update.
Other updates in revision 36 include a 2019 case law update. For example, Mr. Barone provides an evaluation of new case law regarding when an added charge of resisting and obstructing is appropriate after a DUI accused refuses to submit to a blood draw pursuant to warrant and when and why such blood test warrants might fail judicial muster. Also, why being placed into a patrol vehicle is considered custody for Miranda purposes, how an arrest occurred when police took keys, and why it may be error for a prosecutor to comment on a defendant’s refusal to take a blood test.
This is the 36th revision since the book was first published in 1984, and the 13th revision since Mr. Barone took over authorship in 2006. Previously, the book was authored by DUI defense titan John Tarantino. Since relinquishing authorship of Defending Drinking Drivers, Mr. Tarantino has focused on other kinds of complex litigation, including constitutional law cases, antitrust and trade regulation, product liability, toxic torts, and white-collar crime.
Still considered one of the most important books written on the topic of DUI defense, Defending Drinking Drivers is a two-volume treatise and national survey of DUI law. Updated annually, the treatise also includes practice tips and time-tested trial and pretrial strategies for developing and executing a successful defense to an intoxicated driving case. Chapter six of Defending Drinking Drivers addresses the many facets of trial in the intoxicated driving case, and includes sections on voir dire, effective opening statements, cross-examination of prosecution witnesses, audio-visual evidence, avoiding and dealing with prosecutorial misconduct and appeal. Other chapters include those addressing the defense of chemical evidence, including breath and blood alcohol tests, pretrial preparation, pretrial discovery, and pretrial motions.
Defending Drinking Drivers is a must-own book for any criminal defense attorney interesting in learning how to handle a DUI case. It is also useful for the seasoned DUI practitioner due to its advanced and ever-changing content. Both the print and digital versions are available today at $219.00 direct with free shipping from James Publishing.