Table of Contents

Your attorney’s investigation and evaluation

• Checklist of important facts and legal issues
• Your initial interview
• What the attorney will educate you about
• Your attorney’s evaluation of your case
• What does the prosecution think of its case?
• Information your attorney will try to obtain
• Preserve your shoes!
• Arrest video analysis form

Was the stop valid?

• Did the officer have reasonable suspicion of a violation?
• Did a tipster observe improper driving? 
• Was the officer acting as a “community caretaker?”

Field sobriety tests

• Standardized vs. non-standardized tests
• Correlation of driving behaviors with alcohol levels
• Odor of alcohol, slurred speech, red eyes
• Divided-attention questioning
• Romberg balancing test
• Other non-standardized tests
• Horizontal gaze nystagmus test
• Walk and turn test
• One-leg stand test
• Field tests are unreliable indicators

Underlying science

• How alcohol is absorbed and eliminated
• Factors affecting absorption
• Estimating peak alcohol concentration
• Increased tolerance in heavy drinkers
• The important variables

Jury selection and persuasion

• The ideal juror varies with the case
• Jurors to be avoided
• Sample jury questionnaire
• Slides that help pick good juries
• Beating the prosecution to the punch in presenting your case’s theme
• Using metaphors and analogies to persuade juries
• Using the psychology of influence on jurors
• Sample jury selection questions

Trial strategy

• Overcoming our negative starting position
• Starting strong with our opening statement
• Persuasive case themes that might apply to your case
• Using the “rule of threes” to present memorable arguments
• Establishing an early lead and holding it to the end of the trial
• Cross-examination of the arresting officer on field sobriety tests

Strategies

• 5 attacks that can be used on field sobriety tests
• Questioning claim of bloodshot eyes
• Casting doubt on validity of alcohol odor
• Attacking slurred speech
• Creating reasonable doubt about the field sobriety tests
• Attacking the horizontal gaze nystagmus test: the way
• the test was given
• Attacking the horizontal gaze nystagmus test: the officer's qualification to conduct the test
• Attacking the horizontal gaze nystagmus test: the failure to give other tests and the accuracy of the test
• Questioning the one-leg stand test
• Creating doubt about the walk-the-line test
• How the prosecutor will respond to these attacks

Client testimony

• Deciding whether you will testify
• Defenses which will require your testimony
• How to respond to common prosecution trick questions
• Initial questions you will be asked
• Questions about your field sobriety tests
• If you refused to take a chemical test
• If you claim your alcohol level was rising
• If your defense is environmental exposure
• 10 rules to follow when you testify

Arguments

• The “send a message” close
• Minor problems with the Intoxilyzer
• “Problems with the curveball”
• Circumstantial evidence
• “The one-eyed frog”
• High breath test score