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Recovery & Rehabilitation

Creative Trial Strategies

Jon Artz Has Changed California DUI Defense Law

Jon Bryant Artz is one of only two DUI defense lawyers whose creative trial strategies – especially his pre-trial motions and special jury instructions – have changed the way DUI Defense Law is practiced in California.

When Jon Artz began practicing as a Los Angeles DUI lawyer 39 years ago, there were few Pre-Trial Motions or Special Jury Instructions specific to California DUI law.

Thanks to Mr. Artz’ expert knowledge of DUI law, today there are dozens of “Artz Motions” and Special Jury Instructions that are widely used by attorneys throughout California.

“Artz Motions” Are Now “Standard Practice” for DUI Defense

Jon Artz has lectured on his DUI trial strategies at the California Defense Bar and at every major California attorney association, educating both attorneys and judges on why his motions work, how his motions help at trial, and how they can be used to secure great outcomes for his clients (“dispositions”) – even before the trial begins.

Mr. Artz’ creative strategies include written pre-trial “motions” requesting that certain DUI evidence against his client be limited or excluded. In the judge’s chambers, for example, Mr. Artz will submit formal “Motions in limine” (Latin: “at the threshold”) explaining why certain prosecution evidence is potentially unreliable, unconstitutional, prejudicial, and/or speculative – and why that evidence should be excluded from consideration by the jury.

Creative Jury Instructions Help Win “Unwinnable” DUI Cases

Mr. Artz has also created over a dozen “Special” Jury Instructions, some of which he presents to the judge at the end of a trial, depending on the facts of the case. The “special” jury instructions formally request that the judge “instruct” the jury as to the legal rules the judge must follow based on the evidence and how to evaluate the evidence: e.g., as to proving chemical test accuracy, presumption of innocence, and which evidence may and may not be considered.

Jon Artz has won many DUI cases on his Evidence Code Section 403(c) instruction to the jury to “disregard the breath test” if there is any doubt as to whether the prosecution proved that “proper procedures” had been followed by the police.