NCJ Number
103112
Date Published
1986
Length
338 pages
Annotation
Lawyers are provided detailed instructions on how to defend a drunk driving case from the initial interview with the defendant to the final argument. Procedures in Oregon, which has one of the toughest drunk driving laws in the Nation, are used as examples.
Abstract
Matters discussed for the initial witness interview include listening to the client, explaining the defense attorney's role and drunk driving law, and handling fee procedures. Pretrial investigation procedures focus on discovery from the State and discovery independent of the State. Discovery from the State includes official records, tape recordings, police manuals, and prior testimony. Discovery independent of the State addresses client conferences, witnesses, and physical evidence. Instruction also covers the handling of prior convictions, postconviction remedies, pretrial motions, and jury selection. Instructions for trial procedures cover opening statements, cross-examination of various types of witnesses and testimony, the State's rebuttal and defense surrebuttal, jury instruction, and final argument. The appendix contains an amicus curiae brief of the Oregon Criminal Defense Lawyers Association.