This seminar is designed for the civil or criminal lawyer who is confronted with the necessity of handling a client's administrative hearing in connection with a DUI arrest. A person with limited per se experience will gain insight into how to effectively litigate the limited issues of the per se case, including a collection of the important per se caselaw, and the more seasoned practitioner will gain insight into new techniques to develop creative defenses to the often daunting uphill battle of the per se hearing.
- Walk away with a caselaw handbook for per se hearings - never get stuck without the caselaw handy again!
- Finally understand the functions of the Intoxilyzer 5000.
- Learn how to use subpoenas and witnesses to help frame your defenses.
- Learn what steps are necessary to perfect the case for appeal.
9:00 a.m. - 9:10 a.m.
A. Topics To Be Covered
B. Review Of Materials
C. How To Use Materials To Serve Your Clients
9:10 a.m. - 9:45 a.m.
II. Seminal Per Se Caselaw
9:45 a.m. - 10:30 a.m.
III. Per Se Discovery
A. What To Subpoena
B. What To Look For
10:30 a.m. - 11:15 a.m.
IV. Handling Your Client And Lay Witnesses At Per Se Hearings
A. When (And When Not) To Bring Them Into A Hearing
B. Traps To Avoid
C. Subpoena Issues When Dealing With Non-Law Enforcement
11:15 a.m. - 11:30 a.m.
11:30 a.m. - 12:00 p.m.
V. Intoxilyzer 5000 Basics
A. Principles Of Infrared Spectrophotonomy
B. Translating It To English For Hearing Officers And Jurors
C. Statutory Compliance Requirements
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 1:30 p.m.
VI. Handling Cops And Videotapes At Per Se
A. When And When Not To Call Witnesses
B. When A Bad Videotape Gets Worse
C. To Depose Or Not To Depose
1:30 p.m. - 2:15 p.m.
VII. Handling The Per Se Appeal
A. Preserving The Issue
B. Perfecting Record
C. How To Deliver The Argument And Brief
2:15 p.m. - 3:15 p.m.
VIII. Case Law Part II
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
IX. Ethics Issues In Per Se Hearings
A. Avoiding The Perjuring Client
B. How To Handle Police Issues
C. When To Get Out Of A Case To Protect Everyone