This seminar is designed for attorneys, including public defenders, involved in the defense of DUIs.
Many attorneys are asked, at one time or another, to handle a DUI case. As law enforcement continues to crack down on intoxicated drivers and with legislation proposed to reduce the legal alcohol concentration limit from 0.10 to 0.08, these cases will become even more common. DUI penalties have increased over the years with stiffer fines and lengthier jail sentences. Add to that the potential long-term effects a DUI conviction can have on a defendant’s finances, job prospects and insurance coverage, and it goes without saying how important a DUI case can become. Attorneys must be prepared to render effective representation to the clients accused of a first offense, as well as those clients having prior convictions. You will find that there is much more to it than reading a police report and advising the client to plead guilty.
The program will cover the following topics:
• The Fourth Amendment
• Discovery In Municipal And Justice Courts
• Intoxilizer 5000
• Drug Abuse Recognition Training
• Mississippi Implied Consent Legislative And Case Law Update
• Retrograde Extrapolation Of BACs
9:00 a.m. - 10:00 a.m.
I. The Fourth Amendment
A. The Traffic Stop
B. Probable Cause
D. Anonymous Tips
E. Field Sobriety Testing
F. The Arrest
G. Interplay With Miranda And 5th Amendment Issues
H. The Intoxilizer 5000
I. The Motion To Suppress
10:00 a.m. - 11:00 a.m.
II. Discovery In Municipal And Justice Courts: The Discovery Requests And What The
State Is Required To Provide
A. Statutory Issues
B. The Opinion Of The Attorney General
C. Subpoena Duces Tecum
1. To The Arresting Agency
2. To The Arresting Officer
3. To The Mississippi Highway Patrol
D. Reciprocal Discovery Requirements Under Uniform Circuit And County Court Rule 9.03
E. Motions In Limine And Exclusion Issues For Discovery Violations
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:00 p.m.
III. Intoxilizer 5000
A. Mississippi Crime Laboratory Implied Consent Policies And Procedures:
1. Instrument Certification
2. Calibration Requirements
3. Certification And Records
B. Expert Cross-Examination Issues
IV. Drug Abuse Recognition Training
A. SFT’s For The DUI Other Charge
B. The Basics
C. Potential Defenses
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:00 p.m.
V. Mississippi Implied Consent Legislative And Case Law Update
2:00 p.m. - 3:00 p.m.
VI. The DUI Investigation
3:00 p.m. - 3:15 p.m.
3:15 p.m. - 4:15 p.m.
VII. Retrograde Extrapolation Of BACs: When Is It Valid To Employ It; When Should It Never
4:15 p.m. - 4:30 p.m.
VIII. Roundtable Q And A And Discussion With The Experts