This Year s Speakers are

Transcription

1 Saturday November 1st, 2014 Hilton Hotel Palm Springs Providing the latest in legal and tactical updates for DUI practitioners This Year s Speakers are Don Bartell Ignacio Hernandez Richard Hutton Bruce Kapsack Chad Maddox Al Menaster Nick Morrow Michael Schwartz Robert Willson Seminar Committee Chair: Jeffrey Thoma Seminar Coordinators: Richard Hutton & Robert Wilson

2 Schedule Saturday November 1st, :30 8:30 am Registration & Exhibitors Coffee & Muffins 8:30 9:00 am CACJ Legislation: Recent Developments in DUI Law Ignacio Hernandez 9:00-10:00 am The Year s Cases That s Not All Folks! Al Menaster 10:00 10:15 am Break 10:15 11:15 am Breakout Session Pick One 10:15 11:15 am Breakout Session Pick One Introductory: DMV to Not Guilty Robert Wilson and Richard Hutton Advanced: DMV to Writ Granted Chad Maddox 11:15 12:15 pm From Schmerber through McNeely to Harris: Everything You Want to Know About Blood Issues Bruce Kapsack 12:15 1:15 pm Lunch with Sponsors 1:15 2:45 pm Jury Selection - A Prosecutor s Perspective on Defense Voir Dire 2:45 3:00 pm Break Michael Schwartz 3:00 4:00 pm Cannabis DUI: Signs, Symptoms and Behaviors Relating to Cannabis and Driving; Information and Strategies for the Defense Nick Morrow 4:00 5:00 pm Challenging Breath Tests - From Adams to Vangelder Don Bartell

3 Albert Menaster has served as a Deputy Public Defender in Los Angeles County since 1973, and was named CPDA s Defender of the Year in 1987, and was chosen Defense Attorney of the year by the LA County Bar Association in Al writes books, articles and lectures frequent ly on a wide range of defense topics, including computer technology for defense attorneys, juvenile court practice, Proposition 115, Three Strikes, Proposition 36, Courtroom Evidence and Motion Practice. Al has argued before the United States Supreme Court and repeatedly be fore the California Supreme Court. He has written and spoken at many programs for CACJ and CPDA over the years, and has authored amicus briefs with a remarkable success rate. Al is a managing editor of CACJ's Forum magazine, for which he writes a tech. column and book reviews, as well as substantive legal articles. Richard Hutton is a partner in the Pasadena law firm of Hutton and Wilson, and has been practicing criminal defense law since 1970 with an emphasis in driving under the influence cases, and has tried over 400 jury trials. In additional to being a Life Member and Presi dent of CACJ, he was a past President of the each of the following: the Los Angeles County Criminal Court Bar Association, the Glendale Bar Association and the California DUI Lawyers Association, as well as a founding member of the National College of DUI Defense. Mr. Hernandez operates one of the only legisla tive advoca cy firms in Sacramento which also pro vides individual legal representation. He previously served as Chief of Staff in both the Assembly and State Senate, and as a consultant for the Assembly Public Safety Committee. Before moving to Sacramento, Mr. Her nandez taught political science at San Jose State University. He is a current member of the Califor nia Judicial Council s Criminal Law Advisory Committee. Ig nacio is a graduate of Santa Clara University Law School.

4 Robert Wilson, a partner in the law firm of Hutton and Wilson, has tried over 250 DUI cases and has represented hundreds of individuals before various administrative bodies throughout California. Mr. Wilson is a fre quent lecturer in the field of driving under the influence and alternative sentencing options in the courts of Los Angeles County. He is a past presi dent of the Criminal Courts Bar Association and member of CACJ s Board of Governors Bruce Kapsack is the Senior Partner of Kapsack & Bair, LLP., an AV rated DUI defense law firm. Mr. Kapsack is recognized as Certified in DUI Defense by the American Bar Association. Bruce is the author of Innovative DUI Trial Tools, by James Publishing and lectures, writes and teaches DUI trial skills and DUI law throughout the United States. Chad R. Maddox is a sole practitioner limiting his practice to DUI law, and focus ing on DMV matters. He is counsel for Petitioner in Coffey v. Shiomoto (DMV) currently pending before the California Supreme Court, and counsel for several Petitioners in cases pending before the Court of Appeals on DMV issues. In ap proximately 15 years of practice, he has successfully prosecuted DUI and DMV related writ petitions, amicus briefs, and appeals, including some resulting in offi cial publication. He has certification in NHTSA FST administration and POST Breath Alcohol Testing. He is a member of the National College for DUI Defense, California DUI Lawyers Association, and American Center for Law and Justice. He is a Registered Addiction Specialist candidate. He was named as one the Top DUI Attorneys in Orange County by OC Metro Magazine in 2009 and 2013.

5 Michael Schwartz received a Bachelor of Arts with Magna Cum Laude distinction from the University of California at Los Angeles in He received a Juris Doctor from the UCLA School of Law in He has worked as a civil litigator, repre senting plaintiffs and defendants in state and federal court, and has served as a criminal prosecutor, representing the People of the State of California. He has tried over 200 jury trials to verdict, 100 of which were DUI's. He has also been an active member of the Los Angeles County Bar Association, where he has served as a Trustee of the Association, as the President of the Barristers, as a Member of the Judicial Appointments Committee, and as an instructor for the Trial Advocacy Pro ject (TAP Program). He has contributed to many legal publications, including the DUI Prosecution Manual (Chapter XI - Field Breath Testing) published by the California District Attorneys Association, and has been featured on the cover of Los Angeles Lawyer magazine. Donald Bartell is a partner in the law firm of Bartell & Hensel and has been in private practice for over 20 years. The firm's office is located in Riverside, California. Mr. Bartell is a graduate of the University of Califor nia, Berkeley and the University of Notre Dame School of Law. He is on the Board of Directors of the California Deuce Defenders - a statewide DUI defense organization - and he is a frequent lecturer to lawyers from around the state on topics of DUI defense. Mr. Bartell co-authored a na tionwide book on drunk driving called Attacking and Defending Drunk Driving Tests published by James Publishing. He is an editorial consultant for the book California Drunk Driving Law. Mr. Bartell is a pilot and availa ble to handle cases at remote locations by private plane. Nick Morrow is Court Qualified Expert Witness in the fields of Field Sobriety Testing, DUI Investigations, Drug Use and Influence as well as Drug Trafficking and Sales. He is also a Court Qualified Expert on Medical Marijuana. He is a member of the L.A. County Superior Court Panel of Experts in these fields. Mr. Morrow retired as a Deputy Sheriff from the L.A. County Sheriff s Department where he worked a variety of assignments. During his time there, he was certified as a Drug Recogni tion Expert (DRE) and Instructor. He was also certified as a Standardized Field Sobriety Testing Instructor. He has provided training to hundreds of law enforcement officers and others in the fields of field sobriety testing, DUI investigation, drug influence detection and narcotics. Mr. Morrow has testified numerous times in Superior Courts in several counties in the State of California and provides case review and consultation to many private practice attorneys and public defenders in Southern California.

6 Introductory: DMV to Not Guilty With Bob Wilson & Rich Hutton Rich Hutton and Bob Wilson will provide information regarding what steps to take from when clients walks in the door to conclusion of the case. Advanced: DMV to Writ Granted With Chad Madoxx This session assumes attendees know the basics of a DMV hearings and suspensions. We will discuss how to handle the hearing in a way that will make a good record and cover the process of typical DMV Writs. From Schmerber through McNeely, to Harris; Everything You Want to Know About Blood Issues with Bruce Kapsack Bruce Kapsack will discuss how to best handle blood draw and testing issues from Pre-trial motions through closing argu ments. He will discuss 4th amendment motions, procedural issues at hearings versus trials and chain of custody/crawford trial aspects. As an added bonus, Mr. Kapsack will show the infamous naked, broke, and incompetent closing argument. Jury Selection - A Prosecutor s Perspective on Defense Voir Dire. With Michael Schwartz This program covers jury selection on a substantive level, emphasizing a criminal case with DUI charges. Topics covered include a philosophical approach to jury selection and areas for questioning. Cannabis DUI: Signs, Symptoms and Behaviors Relating to Cannabis and Driving Information and Strategies for the Defense With Nick Morrow Cannabis (marijuana) DUI cases are on the rise in every jurisdiction. The DUI defense attorney needs to have the best information available to better evaluate a potential case and to be able to present the material in a way for jurors and judges to understand. Cannabis is different than alcohol in many ways. We will discuss common fact patterns appearing in Cannabis DUI cases and suggest cross examination questions to challenge officers as well as prosecution experts on the stand. DRE evaluations and how to manage them will be discussed as well. Understanding what cannabis is and how it acts in the body is important. Understanding the common "objective" signs and symptoms often used by police and the possible alternate causes is vital to being able to present a competent defense to those accused of driving under the influ ence. All cannabis is not the same and does not produce the same effects in the body. What you thought you knew about cannabis can cause your client problems in the courtroom. We will also discuss the limited police training in this area and focus on the misconceptions regarding the "objective" signs and symptoms so commonly seen. Signs of use or Influence vs. actual impairment as they relate to common jury instructions will be discussed in detail. We will also discuss the standardized field sobriety tests and their shortcomings when used to evaluate a person suspected of cannabis influ ence. Challenging Breath Tests - From Adams to Vangelder With Don Bartell A how to discussion about challenging breath tests. The lecture will provide practical and legal insights into attacking breath tests. Included will be concepts that you can easily use in your next case. There will also be a discussion about the recent California Supreme Court Vangelder decision by Mr. Bartell, who was one of the attor neys who argued the case.

7 All of the hotel guest rooms and suites at the Hilton Palm Springs hotel are designed with you in mind, featuring stylish decor and a light and airy atmosphere. Walk through your patio doors to take in the view from your balcony or patio. Work in comfort at the desk with an Please call to reserve your room by October 10th, 2014 for the rate of $ per night ergonomic chair, stay enter tained with an on-demand movie, or simply relax on the sumptuous bed linens. Upgrade to a suite for extra space and special upgraded amenities including 32-inch TVs and WiFi. Savor American cuisine in the casual atmosphere of the dining room or on the outdoor patio at the Terrace Restaurant, open for breakfast, lunch and dinner. Choose from the extensive menu of American food or indulge in one of the Ter race favorites such as rack of lamb. Later, sip cocktails or enjoy an ice cold beer at Harvey s Lounge while watching your favorite sporting event on the big-screen TV. From Los Angeles, take I 10E to the Hwy 111 exit. Go approximately 12 miles into town, turn left on Tahquitz Cyn Way, two blocks to Calle Encilia, turn left. The hotel is on your right. From Phoe nix, take I 10W to Ramon Road exit, turn left off ramp, take Ramon to Indi an Cyn Way, turn right, go 4 blocks to Tahquitz Cyn Way, turn right, 1 block to Calle Encilia, turn left, hotel is on your right. Hotel Information Check-in: 4:00 pm Check-out: 12:00 pm Smoking: Non-Smoking Parking: Self parking: $18.00 Valet: $ East Tahquitz Canyon Way Palm Springs, California, TEL: FAX:

8 Discounted Pre-Registration Deadline: Monday, October 27th, 2014 at 9:00 a.m. Full Registration Prices will be effective Monday October 27th, 2014 at 9:01 a.m. and may be done ONLY on-line or on-site. There will be a price increase of $35 for all categories MCLE and Specialization Credits: Groups of 5 or more receive a 15% tuition discount. Groups must preregister together as a group by Monday October 24th, 2014 at 9:00 am. Only one discount al lowed per registration. Group dis count does not apply to student and Attorney Members 0-5 year registrations as their registration has already been dramatically re duced. Discounts cannot be used on-line, must fax or in regis tration form. CACJ certifies this activity is approved for MCLE credit by the State Bar of California in the amount of 7 hours. Cancellations & Substitutions: Refunds, less a $30 processing fee, will be sent only for those cancellations re ceived by 9:00 a.m. Monday, October 24th, NO REFUNDS WILL BE SENT FOR CANCELLATIONS RECEIVED AFTER October 24th, It is possible, however, to substitute one person on another s registration, excluding Patron and Life Mem ber registrations. Substitutions are permitted for group registrations. Please contact the office with any questionsoffice Fax Law Students and Attorneys First 5 Years in Practice, can attend one CACJ Seminar during their first year as a member. The seminars include: Crim Law 101, Appellate Practice, DUI Rules of the Road, DUI Power Seminar and Annual Fall Criminal Defense Seminar. Free seminar does not include food/beverage at event, to purchase a lunch for $50, please be sure to indicate it on the Pre-Registration Form. Cannot Register using Free Tuition online, must fax or in preregistration form. Register on-line at - click Events and then CLE Seminars