1 Excellence in DUI Carroll

ACHIEVING EXCELLENCE IN YOUR DUI PRACTICE

DREW CARROLL, ESQ

THE MINIMUM STANDARD
A LAWYER SHALL PROVIDE COMPETENT REPRESENTATION TO A CLIENT. COMPETENT REPRESENTATION REQUIRES THE LEGAL KNOWLEDGE, SKILL, THOROUGHNESS AND PREPARATION REASONABLY NECESSARY FOR THE REPRESENTATION. ORPR 1.1

ETHICAL CONSIDERATONS
CODE OF PROFESSIONAL RESPONSIBILITY
EC 1-2 The public should be protected from those who are not qualified to be lawyers by reason of a deficiency in education or moral standards or of other relevant factors but who nevertheless seek to practice law. EC 6-1 Because of his vital role in the legal process, a lawyer should act with competence and proper care in representing clients. He should strive to become and remain proficient in his practice and should accept employment only in matters which he is or intends to become competent to handle.

EXCELLENCE SUPERIORITY. EMINENCE .

ARISTOTLE . IS NOT AN ACT BUT A HABIT. THEN. BUT WE RATHER HAVE THOSE BECAUSE WE HAVE ACTED RIGHTLY.EXCELLENCE IS AN ART WON BY TRAINING AND HABITUTATION. WE ARE WHAT WE REPEATEDLY DO. EXCELLENCE. WE DO NOT ACT RIGHTLY BECAUSE WE HAVE VIRTUE OR EXCELLENCE.

and suddenly you are doing the impossible” St. LEARN THE LAW 3. LEARN THE SCIENCE 4. Francis of Assisi . DEVELOP THE SKILLS “Start by doing what’s necessary. then do what’s possible. MAKE A COMMITMENT 2.STEPS TO ACHIEVING EXCELLENCE 1. COMPLETE THE TRAINING 5.

NO GAINS If little labour.COMMITMENT TIME + MONEY + EFFORT NO PAINS. little are our gains: Man’s fate is according to his pains. .Robert Herrick .

LEARN THE BODY OF DUI LAW STATUTORY LAW CASE LAW RULES REGULATIONS .

LEARN THE SCIENCE .

COMPLETE THE TRAINING .

START WITH THE RIGHT TOOLS HAVE A SYSTEM KNOW THE RULES KNOW THE SCIENCE KNOW WHERE TO START KNOW THE LAW .

THE SYSTEM INTAKE FORMS VIDEO OVERVIEW CLIENT PHOTO FILE OPENING INSTRUCTION FORM CLIENT INFORMATION LETTER QUESTIONAIRRE CLIENT COPIES CLIENT INSTRUCTION FORM .

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DUI CLIENT INTAKE SHEET LEGAL NAME:_______________________________ NICKNAME:_____________________ HOME PHONE:______________ CELL:_______________ WORK:_______________ PHYSICAL ADDRESS:__________________________________________________________ MAILING ADDRESS:___________________________________________________________ E-MAIL:______________________________________________________________________ AGE:_____ DOB:_____/______/______ WEIGHT:________ HEIGHT:___________ DRIVER’S LICENSE NUMBER:__________________________________ STATE:_________ DO YOU HAVE A CDL (COMMERCIAL DRIVER’S LICENSE)? YES/NO (Circle One) SINGLE/MARRIED/SEPARATED/DIVORCED/WIDOWED? (Circle One) ACCIDENT? YES/NO (Circle One) HOW MANY CARS INVOLVED? ________ IF YES. open container) IF YES. WHAT IS THE NAME OF YOUR INSURANCE COMPANY? __________________ AGENT:_______________ PHONE #:_________________ POLICY#:___________________ FIELD SOBRIETY TESTS GIVEN? YES/NO (Circle One) IF YES.e. speeding. CHECK WHICH ONES: Finger to Nose _______ One Leg Stand _______ Heel to Toe _______ Follow Pen/HGN _______ Count Backwards _______ Alphabet _______ Finger Counting _______ Stand Still-Look Up/Rhomberg _______ Other: ___________________ DID YOU HAVE ANYONE IN YOUR CAR WITH YOU? Y/N (Circle one) NAME OF PERSON:_________________________RELATIONSHIP:___________________ WERE THERE OTHER OFFICERS ON THE ROADSIDE? YES/NO (Circle One) DID YOU TAKE THE BREATH TEST? YES/NO (Circle One) DID YOU TAKE A BLOOD TEST? YES/NO (Circle One) DID YOU TAKE A URINE TEST? YES/NO (Circle One) DID YOU RECEIVE ANY OTHER TICKETS? (i. no seat belt. LIST HERE:________________________________________________________ WERE YOU VIDEO RECORDED ON ROADSIDE? Y/N? AT THE JAIL? Y/N (Circle One) .

OPENING THE FILE EVERYTHING HAS IT’S PLACE CALENDAR EVENTS MEET DEADLINES OBTAIN VIDEO(S) FILE DISCOVERY MOTION .

GAINING ACCESS TO THE EVIDENCE RULES BRADY STATUTES ADMINISTRATIVE RULES .

EVALUATE THE EVIDENCE INVESTIGATE THEIR INVESTIGATION CONDUCT AND INDEPENDENT INVESTIGATON THE SCENE WITNESSES YOUR CLIENT THE FACTS THE OFFICER THE MACHINE THE SAMPLE CONSULT WITH QUALIFIED EXPERTS .

IT IS UP TO ME EC 8-2 Rules of law are deficient if they are not just. he should endeavor by lawful means to obtain appropriate changes in the law. causes or contributes to an unjust result. and responsive to the needs of society.IF IT IS TO BE. . If a lawyer believes that the existence of absence of a rule of law. substantative or procedural. understandable.

EXAMPLES OF LEGISLATIVE ACTIVISM BY DUI DEFENSE LAWYERS SOUTH CAROLINA’S VIDEO RECORDING STATUTE .

INCIDENT SITE VIDEO PERSON MUST HAVE CONDUCT RECORDED NO LATER THAN ACTIVATION OF BLUELIGHTS INCLUDE ANY FST’S INCLUDE ARREST INCLUDE MIRANDA .

646 SE2D 879 .INCIDENT SITE VIDEO FAILURE TO COMPLY IS FATAL TO THE PROSECUTION OF A DUI DISMISSAL IS THE REMEDY WHERE A VIOLATION OF 56-5-2953 (A) IS NOT MITIGATED BY A SUBSECTION (B) EXCEPTION CITY OF ROCK HILL V. SUCHENSKI.

INCIDENT SITE VIDEO FAILURE TO REQUEST CAMERAS WILL NOT NEGATE APPLICATION OF THE STATUTE TOWN OF MT. 713 SE2D 278 . ROBERTS. PLEASANT V.

PRIOR TO 2/10/09 NOT REQUIRED TO BE IN FULL VIEW DURING FSTS FIELD TESTS.INCIDENT SITE VIDEO WHAT MUST BE CAPUTURED? CONDUCT.POST 2/10/09 SUBJECT MUST BE IN FULL VIEW MIRANDA ARREST .

If you cannot afford an attorney. you have the right to cut off questioning (See St. anything you say can be used against you in a court of law. Hoyle) . v. you have the right to the presence of an attorney.MIRANDA You have the right to remain silent. if you so desire. one will be appointed for you prior to any questioning.

709 SE2D 685 . STATE.FIELD SOBRIETY TESTS SUBJECT QUALIFICATION INSTRUCTIONS DEMONSTRATIONS FULL VIEW OF THE SUBJECT MURPHY V.

ARREST MUST BE SHOWN MUST BE UNDER ARREST FOR IMPLIED CONSENT STATUTE TO BE TRIGGERED .

PERIOD .BREATH TEST VIDEO MUST INCUDE ENTIRE BREATH TEST PROCEDURE SHOW PERSON BEING INFORMED OF RECORDING AND RIGHT TO REFUSE PERSON TAKING OR REFUSING THE TEST ACTIONS OF THE BT OPERATOR PERSON’S CONDUCT DURING THE REQUIRED 20 MINUTE OBS.

EXCEPTIONS AFFIDAVIT EQUIPMENT DEFECTIVE STATE WHICH EFFORTS WERE MADE TO MAINTAIN THE EQUIPMENT AND CERTIFYING THAT THERE WAS NO OPERATION EQUIPMENT IN THE COUNTY MEDICAL EMERGENCY EXIGENT CIRCUMSTANCES .

LANDON. 634 S.BREATH-TESTING RECORDS 56-5-2954 DETAILED RECORDS OF MALFUNCTIONS.2D 660 SLED WEB SITE 56-5-2934 COMPULSORY PROCESS . REPAIRS AND COMPLAINTS STATE V.E.

THEN A SEPARATE FACTUAL DETERMINATION OF THE BAC .PROOF BARD OF BAC IF JURY FINDS DEFENDANT GUILTY.

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