Abbreviated Contents

1. Drunk Driving Offenses
Basic Offenses, Drunk Driving with Injury, Vehicular Manslaughter, Commercial Vehicles and Common Carriers, Other Drinking/Driving Offenses, Federal Offenses

2. Additional Charges
Infraction Traffic Offenses, Suspended or Revoked License – Criminal Prosecution, Suspended or Revoked License – Civil Impound/Forfeiture, Reckless Driving, Driver’s Licenses Offenses, Open Container Violations, Under 21 and Juvenile Alcohol Offense Suspensions, Hit and Run, Child Endangerment, Evading a Pursuing Cop

3. Arraignment, Demurrer, Plea and Pretrial
Speedy Trial Rights, Continuance, Arraignment, Demurrer and Plea, Pretrial Conference, Plea Bargaining, Law and Motion

4. Prior Convictions of Separate Offenses
Motion to Declare Prior Conviction Unconstitutional, Prior Conviction Sentence Enhancement Law, Motion to Vacate Judgment, Writ of Error Coram Nobis

5. Discovery
Proposition 115, Direct Discovery from Law Enforcement, General Discovery Provisions, Discovery from the Defense, Discovery from the Prosecution, Informal Discovery Request, Motion for Compliance, Sanctions, Chemical Test Discovery, Discovery by Subpoena Duces Tecum, California Public Records Act, Discovery Denial Remedies and Review, Conditional Witness Examination

6. Preservation of Evidence
Historical Development, Suppression: Preservation of Evidence, Denial of Own Chemical Test

7. Search and Seizure
Presence of Arrester – Detention and Arrest Issues, Additional Detention and Arrest Issues, Illegal Search Issues, Penal Code S1538.5: Motion to Suppress, Civil Remedies

8. Other Pretrial Motions
Challenge to Judge, Statements of Defendant, Nonstatutory Motion to Dismiss, Motion for Court Appointed Expert, No Dismissal for State Prison Inmates

9. Trial
Constitutional Trial Rights, General Trial Procedure, Evidence and Objections, Scientific Evidence (Literature, Admissibility of Chemical Test Result, Kelly/Frye – General Acceptance of Scientific Evidence, Blood: Samples and Analysis, Hospital/Medical Blood Alcohol Test Results, Blood Alcohol Changes with Time, Breath Alcohol Testing, Preliminary Alcohol Screening Devices, Urine Alcohol as Evidence of Blood Alcohol, Field Sobriety Tests, Radio Frequency Interference, Expert Witnesses, Lay Opinion, Accident Reconstruction, Handwriting, Hypnosis to Enhance Recall, Expert Opinion on Past Mental State, Sodium Amytal), Affirmative Defenses, Prior Conviction Enhancement Allegations, Jury Instructions, Closing Argument, Mistrial and Retrial

10. Punishment
Effectiveness of Punishment, Punishment at Time of Sentencing (Vehicle Code S23140: BAC > .05%, Vehicle Manslaughter Intoxicated, Drunk Driving Punishment Charts, Probation Length and Standard Terms, Additional Punishment and Probation Terms, Prohibited and Disfavored Probation Terms, Restitution, Ignition Interlock Device, Probation Report and Sentencing Hearing, Felony Sentencing, Work Furlough, Experiments and Pilot Projects, Multiple Punishment, Time Credits), Residential Alcohol Treatment, DMV Sanctions for Conviction, Interstate Implication of Drunk Driving Convictions, DUI Program, Probation Violation: Drunk Driving Issues, Juveniles and Persons Under 21, Other Consequences of Conviction

11. DMV Proceedings
Zero Tolerance, Procedure Prior to Hearing, The Hearing, Evidence Issues and Objections, Chemical Test Refusal Hearing, Excessive BAC Hearing, Judicial Review: Grounds for Attack, Other Methods of Attack, Length of Suspension and Revocation, Relation to Criminal Case, Other DMV Actions

12. Appeal
Appeal Proceedings in Trial Court, Proceedings in the Appellate Division, Proceedings Following Decision, Writs in Criminal Cases

Appendix A
Telephone Directory