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Serving Los Angeles, Ventura, Orange County, and all Southern California since 1972.

Call DUI Expert Jon Artz today!

(310) 820-1315

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Creative DUI Trial Strategies

Advanced DUI-DWI Trial Strategies for CA Lawyers and Attorneys

Jon Bryant Artz is one of only two DUI defense lawyers whose creative trial strategies — specifically, his pre-trial motions ("Artz Motions") and Special Jury Instructions — have changed the way DUI Defense Law is practiced in California.

The following detailed Motions in Limine and Special Jury Instructions are offered to our attorney colleagues as an invaluable free resource for defending California DUI-DWI-drunk driving cases.


TABLE OF CONTENTS
  1. MOTIONS IN LIMINE

    1. Exclude P.A.S. Test Results
      1. Exclude P.A.S. Test Results
      2. Points & Authorities to Exclude P.A.S. Test for BAC
      3. Objection to PAS Test Results (Secondary Evidence & Hearsay)
      4. Exclude P.A.S. Test Results Due to Violation of Due Process

    2. Other Creative Motions
      1. Exclude Heresay Evidence Due to Right of Confrontation
      2. Exclude Evidence of Tolerance
      3. Exclude Offering the P.A.S. Test
      4. Exclude Trombetta Advisement and Response by Defendant
      5. Eliminate Prosecutorial Misconduct
      6. Points & Authorities to Exclude Evidence (Alibi)
      7. Prosecutor May Not Lower Prosecution's Burden of Proof
      8. Admissibility of Partition Ratio Evidence
      9. Exclude the Blood Test for Violation of 4th Amendment
      10. Admit Polygraph Evidence for Rebuttle

     

  2. JURY INSTRUCTIONS

    1. Points and Authorities
      1. Points & Authorities Supporting Defendant's Request for Special Jury Instructions
      2. Memo of Law in Support of EC 403

    2. Special Instructions
      1. Burden of Proof - Breath Test
      2. Permissive Inference
      3. Under the Influence - Driving Impaired
      4. Viewing Less Satisfactory Evidence with Distrust
      5. Title 17 - Continous Observation Period
      6. Regulations of Title 17 for Breath Testing, Including Training
      7. Training of Operator
      8. Standards Re Breath Testing Per Title 17
      9. Periodic Accuracy Standards
      10. Labs Must Keep Training Records
      11. Choice of Tests
      12. Character Evidence
      13. A P.A.S. Test is a Field Sobriety Test
      14. Factors Re Credibility of Police Officers
      15. Mistake of Fact
      16. Failure to Give Trombetta Affects Credibility

    3. Refusal Instructions
      1. Four Elements of Willful Refusal
      2. State of Mind Other than Consciousness of Guilt
      3. Police Must Advise Refusal Used in Court
      4. Blood Sample Can Be Taken by Police Without Defendant's Consent
      5. V.C. §13384 and 23612 Allows for Urine Test
      6. Willingness to Take Urine is Not a Refusal