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This is a podcast for DUI trial lawyers by a DUI trial lawyer. We hope to share some of the strategies and tactics that have helped us win in court. Whether you are a new attorney or a seasoned pro, I think there will be something for everyone to learn. As a DUI trial lawyer I will cover such topics as cross examination of the arresting officer, cross of the lab technician on blood cases, cross of the technician on breath cases, discovery issues, opening statements and everything in-between.
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25 to 35 Seconds on Romberg Means Not Mentally Impaired
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Get a rundown of what the Romberg test is and hear a discussion on the modified Romberg test and how you can use it to prove that your client was not impaired. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus…
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Can you put a percentage on what is scientifically reliable? We discuss why this is important according to standards in DUI law and include a reliable article to support this argument. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting offic…
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What is a fuel cell and how do you explain it? Hear a discussion on fuel cells and how to turn this discussion into plain language for a jury to understand. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on…
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Can dental work cause false high blood alcohol readings? Create a defense associated with a client's dental health, which include bridges, cavities, etc. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cr…
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Hear about breath partition ratios and other breath variances that are going to cause a false high reading on BAC. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination related to the standard…
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Listen to a discussion about hematocrit which is the number of red blood cells you have at a given time. Learn how this can help you form a defense for your client. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will …
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Breath Temperature Overestimates True BAC
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Learn about the effects of breath temperature on a breath machine causing an error. Hear about why breath temperature is so crucial when using a breath machine and determining BAC. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. …
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Listen to a discussion about machine pattern errors and what they are, including hypo- & hyper ventilation and more. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination related to the standa…
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Learn about the 9 points of error on a breath machine and how you can attack those errors. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination related to the standardized field sobriety test…
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A Male Burns Off Two-thirds of a Drink in an Hour
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10:27
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Examine what the NHTSA manual states about the dissipation of alcohol from the human body and how to create a cross examination fact pattern that will help you prove the BAC numbers may be incorrect. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the …
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Are the standard field sobriety tests validated for someone 50 or more pounds overweight or someone who is over the age of 60? A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination related to …
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Getting the Officer to do FST During the Trial
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Does the Officer have to do a demonstration of the Field Sobriety Test while testifying in court? Learn about the PROS and CONS of doing this in your case. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on …
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Hear about the impact dexterity and hand mobility have on whether or not your client is impaired. Does the lack of dexterity mean that your client is impaired? A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus…
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In this episode we talk about divided attention and how to blow it up and disprove that myth used int he courtroom. Establish that the stopping process is all divided attention. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Sea…
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1998 NHTSA says FST do not mean Impaired Driving
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Learn about the San Diego NHTSA study and what it means for the Field Sobriety Tests issued by law enforcement. In this episode we answer the following question: is an FST designed to measure driving impairment? A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examina…
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Is the finger counting test standardized? Is it approved by NHTSA as part of the field sobriety test series? The short answer is NO. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination relat…
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Finding the Golden Nuggets in the NHTSA Manual
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Learn how to find the golden nuggets throughout the NHTSA manual. Show that the officer is working for the prosecution, and use Session 3 page 7 of the manual to show that the officer is not an independent witness. He is trained to convince the jury that the driver was impaired. A podcast for new and seasoned DUI trial lawyers by an experienced DUI…
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A One Leg Stand is not as simple as it may seem. In order for an officer to administer this test correctly, there needs to be confirmation and demonstration. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus o…
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Learn about the Walk and Turn cheat sheet and what can effect a driver's performance on a sobriety test. Develop a cross examination to challenge the officer and defend your client. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer.…
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In this episode we are discussing the 26 ways that an officer can mess up the HGN test. Make sure to download the free cheat sheet at duitriallawyersacademy.com and subscribe to the DUI Trial Lawyers Academy Podcast. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross ex…
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Did the officer follow the rules and regulations outlined for the stimulus in a HGN test? Learn how to show that the officer used the wrong stimulus height and did not follow NHTSA standards. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arrestin…
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Learn how to prove that the officer did not follow guidelines from the NHTSA manual on the time requirement for the HGN test. Establish that the officer has deviated from the criteria outlined in the manual. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination…
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Find out how to use this section in the NHTSA manual to formulate a cross examination that can challenge the actions of the arresting officer. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examina…
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Learn how to create a cross examination that demonstrates how the prosecution and the officer act as a team with the goal of prosecuting your client. A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross …
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In this episode we will briefly touch on a basic cross examination technique known as "tying the officer" to his report. IF the officer tries to add facts and details in his court testimony this will allow us to use the LOOPING technique and use a follow up question to point out that everything that was critical to the investigation should have bee…
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Learn how to use the rules and procedures in creating a short cross in order to get the officer to agree that he must follow his own training or else his investigation is flawed. Learn more about our full course on cross examination of the arresting officer at www.duitriallawyersacademy.com. Course members have access to all 14 N.H.T.S.A. DWI detec…
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Why would the officer take your client off camera in order to conduct the FST? In this episode we will expose the real reason. This cross examination will help you develop another great theme for your closing argument. Learn more about our full course on cross examination of the arresting officer at www.duitriallawyersacademy.com. Course members ha…
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Have you ever noticed that in nearly every police report, you are going to see the box "slurred speech" checked? Slurred speech is almost universally the favorite allegation of law enforcement to say your client was impaired. There is a lot of intricate issues when you are talking about the allegation of slurred speech. Did the officer have trainin…
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When the prosecutor brings out the arresting officer and starts doting over the Officer's MADD awards received from Mothers Against Drunk Drivers, learn how to turn the tables and show the Officer's true motives for questionable pull-overs and arrests. Learn more about our full course on cross examination of the arresting officer at www.duitriallaw…
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A podcast for new and seasoned DUI trial lawyers by an experienced DUI trial lawyer. Learn successful strategies to use in a cross examination of the arresting officer. Season one will focus on cross examination related to the standardized field sobriety test. Use the officer's motives, quotas, required statistics, lack of training, and violation o…
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