DUI Trial Lawyers Academy

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.

25 to 35 Seconds on Romberg Means Not Mentally Impaired 01/21/2020

25 to 35 Seconds on Romberg Means Not Mentally Impaired Get a rundown of what the Romberg test is hear a discussion on the modified Romberg test and how you can use it to prove that your client was not impaired. /episode/index/show/duiacademy/id/12833711

Defining Scientific Reliability as 99% 01/10/2020

Defining Scientific Reliability as 99% 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. /episode/index/show/duiacademy/id/12692588

Fuel Cells in Plain English 01/07/2020

Fuel Cells in Plain English 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. /episode/index/show/duiacademy/id/12649550

Can Dental Work Cause False High Readings? 01/03/2020

Can Dental Work Cause False High Readings? Can dental work cause false high blood alcohol readings? Create a defense associated with a client's dental health, which include bridges, cavities, etc. /episode/index/show/duiacademy/id/12607799

Cut the Breath Results in Half 12/20/2019

Cut the Breath Results in Half Hear about breath partition ratios and other breath variances that are going to cause a false high reading on BAC. /episode/index/show/duiacademy/id/12483053

Blood Hematocrit Affect Breath BAC 12/20/2019

Blood Hematocrit Affect Breath BAC 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. /episode/index/show/duiacademy/id/12482525

Breath Temperature Overestimates True BAC 12/11/2019

Breath Temperature Overestimates True BAC 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. /episode/index/show/duiacademy/id/12365654

Machine Breathing Pattern Errors 12/06/2019

Machine Breathing Pattern Errors Listen to a discussion about machine pattern errors and what they are, including hypo- & hyper ventilation and more. /episode/index/show/duiacademy/id/12307355

Overview of 9 Breath Machine Errors 12/06/2019

Overview of 9 Breath Machine Errors Learn about the 9 points of error on a breath machine and how you can attack those errors. /episode/index/show/duiacademy/id/12307004

A Male Burns Off Two-thirds of a Drink in an Hour 12/04/2019

A Male Burns Off Two-thirds of a Drink in an Hour 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. /episode/index/show/duiacademy/id/12279416

Client 50 lbs Overweight or Over Age 60 12/02/2019

Client 50 lbs Overweight or Over Age 60 Are the standard field sobriety tests validated for someone 50 or more pounds overweight or someone who is over the age of 60? /episode/index/show/duiacademy/id/12249416

Getting the Officer to do FST During the Trial 11/25/2019

Getting the Officer to do FST During the Trial 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. /episode/index/show/duiacademy/id/12168950

Does Finger Dexterity Equal Sobriety? 11/20/2019

Does Finger Dexterity Equal Sobriety? Understand 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? /episode/index/show/duiacademy/id/12112895

Blow Up the Divided Attention Myth 11/15/2019

Blow Up the Divided Attention Myth 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. /episode/index/show/duiacademy/id/12052289

1998 NHTSA says FST do not mean Impaired Driving 11/11/2019

1998 NHTSA says FST do not mean Impaired Driving 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? /episode/index/show/duiacademy/id/11991458

Finger Counting is for Kids 11/08/2019

Finger Counting is for Kids Is the finger counting test standardized? Is it approved by NHTSA as part of the field sobriety test series? The short answer is NO. /episode/index/show/duiacademy/id/11962643

Finding the Golden Nuggets in the NHTSA Manual 11/08/2019

Finding the Golden Nuggets in the NHTSA Manual 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. /episode/index/show/duiacademy/id/11961395

One Leg Stand Like a Flamingo 11/01/2019

One Leg Stand Like a Flamingo 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. /episode/index/show/duiacademy/id/11871539

How to Administer WAT 10/25/2019

How to Administer WAT 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. /episode/index/show/duiacademy/id/11782889

26 Ways to Mess Up HGN Test 10/25/2019

26 Ways to Mess Up HGN Test 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. /episode/index/show/duiacademy/id/11782811

HGN Wrong Admin and False Causes 10/23/2019

HGN Wrong Admin and False Causes 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. /episode/index/show/duiacademy/id/11757962

HGN Prove Officer Shortcut the Test 10/23/2019

HGN Prove Officer Shortcut the Test 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. /episode/index/show/duiacademy/id/11699471

Session 8 page 13 of NHTSA Manual 10/18/2019

Session 8 page 13 of NHTSA Manual 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. /episode/index/show/duiacademy/id/11699108

DA Prepped Officer for his Testimony 10/18/2019

DA Prepped Officer for his Testimony 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. /episode/index/show/duiacademy/id/11698652

Tie Officer Down to his Report 10/11/2019

Tie Officer Down to his Report 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 been in the report. /episode/index/show/duiacademy/id/11607143

Silva Sand Trap Method 10/11/2019

Silva Sand Trap Method 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. /episode/index/show/duiacademy/id/11607014

Hiding Driver Off Camera 10/09/2019

Hiding Driver Off Camera 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. /episode/index/show/duiacademy/id/11578547

Slurred Speech or Normal Voice 10/07/2019

Slurred Speech or Normal Voice Have you ever noticed that in nearly every police report, you are going to see the box "slurred speech" checked? There are a lot of intricate issues when you are talking about the allegation of slurred speech. Did the officer have training from a speech pathologist? Did the officer have any prior contact with the client to establish a baseline to compare their speech? /episode/index/show/duiacademy/id/11521550

Don't Get Madd, Get Even 09/27/2019

Don't Get Madd, Get Even 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. /episode/index/show/duiacademy/id/11394464

Intro 09/27/2019

Intro 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. /episode/index/show/duiacademy/id/11394200

DUI Trial Lawyers Academy

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