Pre-Seminar Reception Friday November 6th 5:00pm-7:00pm Riviera Hotel, Chiki Pool. This Year s Speakers. Saturday November 7, 2015
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1 Saturday November 7, 2015 NEW LOCATION Riviera Hotel Palm Springs Providing the latest in legal and tactical updates for DUI practitioners This Year s Speakers Ignacio Hernández, Esq. DUI Legislative Update + Preview Michael Schwartz, Esq. The Art of Oral Advocacy in a DUI Trial Al Menaster, Esq. Case Law Update Bijan Keyghobad, Esq. ipad - A Trial Lawyer's New Best Friend Zachary M. Nightingale, Esq. Immigration Consequences of DUI Convictions Felipe Plascencia, Esq. The Lies of FST s and Winning Trial Tips Pre-Seminar Reception Friday November 6th 5:00pm-7:00pm Riviera Hotel, Chiki Pool Seminar Committee Co-Chairs: Jacqueline Goodman & Allison Zuvela Seminar Coordinators: Richard Hutton & Robert Wilson For more information, and to register go to:
2 Seminar Schedule Saturday November 7, 2015 Registration & Exhibitors 7:30 8:30 am Coffee & Muffins DUI Legislative Update 8:30 9:00 am Ignacio Hernández The Art of Oral Advocacy in a DUI Trial 9:00-10:30 am Michael Schwartz 10:30 10:45 am Break Case Law Update 10:45 12:00 pm Al Menaster 12:00 1:30 pm Lunch provided on the Patio 1:30 3:00 pm ipad - A Trial Lawyer's New Best Friend Bijan Keyghobad 3:00 3:15 pm Break Immigration Consequences of DUI Convictions 3:15 4:00 pm Zachary M. Nightingale The Lies of FST s and Winning Trial Tips 4:00 5:00 pm Felipe Plascencia DUI Rules of the Road XVIII, brought to you by CACJ
3 Zachary M. Nightingale is a California State Bar Certified Specialist in Immigration and Nationality Law. He is a principal attorney at Van Der Hout, Brigagliano & Nightingale, LLP, in San Francisco. He is a 1996 graduate of Stanford Law School, who received his undergraduate degree from the University of California, Berkeley in 1989, and a Masters degree in Mathematics from Stanford University in He has been with the firm since His practice focuses on deportation defense and federal court litigation, with an emphasis on the immigration consequences of criminal convictions. Other specialties include asylum, naturalization, and family-based adjustment of status. A significant part of his practice includes advising non-citizens and their attorneys as to the immigration consequences of pending criminal charges, and how to minimize adverse consequences. Bijan Keyghobad has been a trial attorney with the Los Angeles County Public Defender s Office since In 2015 at the California State Bar s Criminal Law Section s Technology in the Courtroom conference, on the various uses of the ipad by criminal defense attorneys, that included case management and trial presentations. For the past three years he has presented throughout all of the branches of the Los Angeles County Public Defender s office on the uses of the ipad for case management and trial. He is the designated trainer of each branch s super users of the ipad as part of the Los Angeles County Public Defender s ipad project. In addition, he has designed and is in charge of the training for the Los Angeles County Public Defender s Media Cart. This cart is designed to support wireless presentations during trial and among other things is equipped with its own Wi-Fi network, Apple TV and wireless printer. Ignacio Hernández founded the Hernández Strategy Group in 2003 as a full service lobbying and consulting firm for non-profit organizations. Criminal justice reform is his specialty and he has testified more than 400 times on criminal justice proposals since Ignacio has been the legislative director for CACJ at the state capitol since He is a former criminal defense attorney.
4 Albert Menaster has served as a Deputy Public Defender in Los Angeles County since 1973, and was awarded with the California Attorneys for Criminal Justice Significant Contributions to Criminal Justice Lifetime Achievement Award. He was also 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 frequently 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 before 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. Mr. Plascencia is known for his aggressive style of defending people accused of DUI and is recognized by his peers as a premier DUI defense attorney. Felipe Plascencia has been a criminal defense attorney since 1994 shortly after graduating from Loyola Law School in Los Angeles. In 1996, he joined the Los Angeles Public Defender s Office and set a record for winning the most DUI jury trials while working as a public defender. He started own law practice in March of Mr. Plascencia is certified on Basic Science of Evidential Breath Alcohol Testing by the manufacturer of breath testing instruments Ohio. He was certified in the theory of science of evidential alcohol testing, including alcohol and human physiology, practical issues, theory and operation of infrared breath alcohol testing, field and laboratory applications. He was deemed competent to operate, perform essential diagnostic verifications and calibration of breath testing instruments. He owns an Intoxilizer 5000, and the Point of Arrest XL used in Orange County. He owns and is certified to operate and calibrate the Alco Sensor IV Preliminary Alcohol Screening device (PAS). He was also National Highway Traffic Safety Administration (NHTSA)-certified in the student course in May 2000 in Dallas, Texas and was NHTSA certified as a field sobriety instructor in December 2000 in Nashville, Tennessee. 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, representing 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 Project (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.
5 Attorney Robert J. Wilson is a partner at Hutton & Wilson in Pasadena, which specializes in DUI cases. Robert is recognized as a Certified Criminal Law Specialist by the State Bar of California Board of Legal Specialization. Robert s entire legal career has been exclusively devoted to the practice of criminal law. He is a recipient of the American Jurisprudence Award, and has handled more than 200 DUI cases and assisted hundreds of drivers with matters related to the Department of Motor Vehicles. He has also testified before the California State Legislature regarding proposed legislation, and had written dozens of opposition letters on behalf of the California Attorneys for Criminal Justice related to DUI legislation. Robert is a past president of the Criminal Courts Bar Association (CCBA), member of the California DUI Lawyers Association, past chair of the Criminal Law Section of the Pasadena Bar Association, past member of the Board of Governors of California Attorneys for Criminal Justice (CACJ), and a current member of the CACJ Legislative Committee. Attorney Richard A. Hutton is a partner and DUI lawyer at Hutton & Wilson in Pasadena. Richard has dedicated most of his career to representing accused individuals. He is a Certified Criminal Law Specialist by the California State Bar Board of Legal Specialization, and has tried more than 500 jury trials. He has lectured at the U.S.C. Advanced Professionalism Program and bar association groups such as Orange County Trial Lawyers, Criminal Courts Bar Association, San Diego Trial Lawyers Association, and the California Attorneys for Criminal Justice. He served as past President for the Board of Governors of the California Attorneys for Criminal Justice (CACJ). Richard has also written numerous DUI-related articles, which have been published in periodicals such as Scientific and Expert Evidence, Second Edition. He has received the Jerry Giesler Memorial Award twice from the Criminal Courts Bar Association, something that very few lawyers have accomplished. Richard is a former president of the Los Angeles County Criminal Courts Bar Association, and California DUI Lawyers Association. He has testified regarding proposed legislation before the California Assembly and received the Criminal Justice Section of the Los Angeles County Bar Associations Award for Criminal Defense Attorney of the Year.
6 substances are and always have been extremely serious under immigration law, those DUIs involving alcohol have Title: CACJ Legislative Update Presentation Summary: This year the California Legislature also recently become the subject of administration policy to deny all possible benefits that are within the government s considered more than 100 criminal justice proposals. prosecutorial discretion. On the other hand, factors that Did you know that California's First Offender mandatory interlock device pilot program sunsets at the end previously were not relevant to the immigration consequences, such as the sentence imposed or the of this year? Did the Legislature make any changes? possibility of an expungement, have newfound significance. Are your DUI clients also facing drug possession charges? Up to date information about immigration law as it relates Did you know P.C might be amended for 2016? Are you prepared to advise your clients on the new Califor- to DUI-related offenses will be presented with an eye toward meeting the state and federal law requirements to nia traffic amnesty program? inform your non-citizen clients of the immigration Come learn about new laws that impact your practice consequences of entering a plea or not doing so, including before they take effect January 1, 2016, and find out what what questions to ask your client and what information to other changes are on the horizon. discuss with the immigration expert counsel in order to minimize the immigration consequences and obtain the Michael Schwartz, Esq. safest possible result. Title: The Art of Oral Advocacy in DUI Trials. Presentation Summary: In this multi-media program, Mr. Schwartz will cover effective oral advocacy techniques for Bijan Keyghobad, Esq. DUI jury trials. Topics covered will include credibility, Title: ipad - A Trial Lawyer's New Best Friend visualization, sign-posting, body language, word selection, Presentation Summary: This presentation will cover how an ipad can improve a trail lawyer's efficiency and trial props, and the rhetorical question technique. effectiveness in the courtroom. Ignacio Hernández, Esq. Al Menaster, Esq. Felipe Plascencia, Esq. Title: Case Law Update Presentation Summary: Al Menaster will discuss the past Title: The Lies of FST s and Winning Trial Tips year's worth of caselaw developments, with a focus on DUI-related cases. There are lots of developments in search and seizure land, not to mention Miranda. Al will also cover DUI news stories, such as this one qy3tbr8 Zachary Nightingale, Esq. Title: Immigration Consequences for Non-citizen Residents, Visitors and Those Without Documented Immigration Status of DUI Arrests, Pleas, Convictions and Expungements Immigration Consequences of DUI Convictions Presentation Summary: More than ever before, the immigration consequences of a DUI can be extremely high, especially for someone who will need to apply for any discretionary benefit or immigration status with the federal immigration authorities (such as a visa, a green card, DACA, asylum or naturalization). While DUIs involving controlled
7 Friday, November 6th The Chiki Pool, the most recent outdoor renovation at Riviera Palm Springs was unveiled in February Chiki is a mid-century inspired tiki-chic hideaway, paying homage to the infamous Chi Chi nightclub. Chiki also features the Tiki Bar, and is surrounded by lush landscaping, mid-century inspired progressive art. Hosted by Oven Roasted Tomato & Basil Bisque Caesar Salad herb croutons and parmigiano reggiano Fresh Mozzarella & Plum Tomato Salad temecula olive oil, fresh basil, sea salt and fresh cracked pepper Chilled Orzo Pasta Salad grilled shrimp, roasted peppers, cucumbers, olives and a charred scallion vinaigrette Pan Seared Organic Chicken wild mushrooms, sun-dried tomatoes and lemon Tortellini Carbonara classic sauce of pancetta, peas and parmesan Polenta with Braised Pork Loin slow roasted with sage, pancetta and tomatoes, pecorino romano cheese Traditional Tiramisu Vanilla Bean Cheesecake wild berry compote DUI Rules of the Road XVIII, brought to you by CACJ November 7, 2015
8 An icon, transformed... the Riviera Palm Springs Resort & Spa. Noble House Hotels & Resorts re-launched this historic property in October Beyond first-class, this new destination is best-inclass for Palm Springs and the entire Coachella Valley. Riviera Palm Springs 1600 North Indian Canyon Drive, Palm Springs, CA Reservation #: Request: DUI 2015 Seminar for group discounted rate of $169 Deadline: October 7, 2015 Hotel Information Check-in: 4:00 pm Check-out: 12:00 pm Smoking: Non-Smoking Self parking: $8.00 Valet: $20.00 DUI Rules of the Road XVIII, brought to you by CACJ November 7, 2015
9 Discounted Pre-Registration Deadline: Friday, October 30, 2015 Full Registration Prices will be effective October 30, 2015 and may be done ONLY on-line or on-site. After that date, there will be a price increase of $30 for all categories MCLE and Specialization Credits: CACJ certifies this activity is approved for MCLE credit by the State Bar of California in the amount of 6.5 hours. Syllabus Materials: A digital syllabus will be ed to all pre- registered attendees before the seminar as confirmation of your seminar registration. Guidebook We are using Guidebook App with this seminar. With Guidebook, you can access schedule, trainer bios, syllabus documents, and more, all from the convenience of your mobile phone. Download Guidebook1) Download the app in your app store, or visit to receive a text with the link sent to your phone. 2) Once installed, you will be prompted to enter the redeem code for this seminar. You will receive this code once you are registered. Groups of 5 or more receive a 15% tuition discount. Groups must pre- register together as a group by Friday, October 30, Only one discount allowed per registration. Group discount does not apply to student and Attorney Members 0-5 year registrations as their registration has already been dramatically reduced. Discounts cannot be used on-line, must fax or in registration form. Please contact the office with any questions: Office Fax Register on-line at - click Events and then CLE Seminars DUI Rules of the Road XVIII, brought to you by CACJ November 7, 2015
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