Following the Leaders of DUI Defense

April 8, 2011

Following the Leaders of DUI Defense

I bought this four hundred dollar book called, “Drunk Driving Defense,” written by Lawrence Taylor and Steve Oberman. I began reading it and saw that the only way to get good at this was to do what these guys did and to do only one thing: DUI cases. I wrote a letter to Lawrence Taylor (The Dean of DUI Attorneys,) and pretty much thanked him for writing his wonderful book, and expressed my excitement to do what he did. He wrote me an email and told me to join the 1000+ member National College of DUI Defense (NCDD,) and take advantage of its excellent seminars, online data resources and very helpful listserve. I did as he said, and I went to a seminar in Las Vegas. It was a pleasure and I got to meet Lawrence Taylor, and Steve Oberman, and so many more top DUI lawyers.

The College is the best thing I’ve done since I became a lawyer. The greatest legal minds alive in DUI Defense lead it, run it, share it, and keep up with it. There mission: “to provide the finest advanced level training available to the DUI Defense Law practitioner.

I’m excited about going to New Orleans on April 14th for the seminar “Mastering Scientific Evidence in DUI Cases” put on by the NCDD. The seminar was founded by William C. “Bubba” Head, one of the deans of DUI Defense in Atlanta, Georgia in 1994. In the end, I guess what I am trying to say is I am following the leaders.

Like me to write you a little essay on Ethics?

March 18, 2011

I wrote a story about actual things and I named names and it hurt people. I feel bad about it. I know this sounds noble-like but it is not bull-shit. My sister asked me “Why did you use Jack’s name?” I said “Listen, he said I could. I told my story straight and true.” I can hear you telling me I’m all wrong. Maybe I am. I think you will agree there are defensible interpretations to any violations of ethics and good taste.

So…I thought about it a little and I am taking it down. I’m making up names from now on. I feel it is wrong to blab my client’s names. I’m concerned that my clients don’t want the whole world to know they had a DUI. Even though I have permission to seek publicity using their names, I’m not going to do that. If you ask me for some of my representative clients, I’ll recommend you to Avvo, a Lawyer Directory which is an ethically approved client reference source. Avvo is a website that profiles and rates lawyers. One of their goals is to give “open access to information about lawyers, coupled with guidance on how to use that information.”

I am ethical. I am committed to high ethical standards. My “Standard Ethics Letter” is available to you upon request. Clients bring me their darkest secrets. They tell me things they can’t tell their spouse. They admit embarrassing and even heinous acts. They admit to doing what they shouldn’t have done. They trust me not to tell their secrets. I am honored to have their trust and confidence. I’ll remember this moment. I’m learning.

Field Sobriety Test Limits

January 7, 2011

The NHTSA DUI Detection and Standardized Field Sobriety Testing August 2006 Student Manual is the only thing that cops are trained on giving field sobriety tests to DUI suspects. The manual says: “THE VALIDATION ONLY APPLIES IF STANDARDIZED FIELD SOBRIETY IS GIVEN EXACTLY IN THE STANDARDIZED MANNER IT WAS VALIDATED.” — (Session 8, p. 19) This means several things. First, the instructions have to be given. Second, the DUI cop must use only the standardized clues. He can’t make up his own clues. Third, the officer must use standardized criterion, like the grading, and factor in limitations. If the officer deviates from any of those things, then the validation study from which the field sobriety tests are validated is useless. So, my goal is to show that this Savannah police officer deviated from the field sobriety test limitations, and your field sobriety tests are useless.

Age Requirement

The manual says that if a person is age 65 or older, even if sober, they could have problems with the Walk and Turn test and the One Leg Stand test.

Weight Requirement

If a person is 50 or more pounds over weight, even if sober, they could have problems with the One Leg Stand.

Shoe Requirement

If a person has on shoes with heels two inches or more in length, even if sober, they had problems with the One Leg Stand and Walk and Turn. A Savannah Cop is supposed to ask the Driver if they want to take their shoes off if it seems that their heels are two inches or more.

Watch a video by the man, Lawrence Taylor answering the question: Should I take the field sobriety tests? Should I take the Field Sobriety Tests?

Implied Consent

December 21, 2010

Georgia Implied Consent Notice

Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse the testing your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?

You must be read the Georgia Implied Consent Warnings for a chemical test to come into evidence.

If you’ve been arrested for DUI, before a chemical test (or your refusal to take a test) can come in, the State must show that you were properly given a warning or notice about your rights to refuse the test and to have an independent test.
The cop must do more than say he read you the rights off his card. He must remember what he said or pull out the card he read to you. If the cop can’t remember when he read you the implied consent warning, the court is fine with it if he says “it’s my routine to read her the warning before transporting her from the scene.”
If a the police officer properly gives the implied consent notice, and then gives you more, deceptively misleading information that impairs your ability to make an informed decision about whether to submit to testing, your test results or evidence of your refusal must be suppressed.

When must the Georgia Implied Consent Warnings be read to you?

You must be arrested for DUI before the Warning is read to you. Almost always the Warning must be read to you at the time and place of arrest.
The warnings must be read at the time of arrest or close enough as the circumstances allow. Any delay must be reasonable and justified. Otherwise, the test is inadmissible because of a delay in reading implied consent warnings. The police cannot wait for a tow truck and then take you to jail before reading Implied consent. Ten minutes is too long if the cop has the wrong implied consent card and is waiting on the right one.

What if you refuse to take the cop’s test?

Your refusal to take a chemical test can come in against you at your DUI trial.

When are you allowed to refuse the cop’s test and not have that refusal come in?

You may refuse to take a test if the cop does not properly inform you of the warnings, or if they are incomplete, or confusing and misleading.

Strategies for Defending Your DUI in Savannah, Georgia

Never accept that the warning was complete, clear, timely given, or accurate. Always get video and audio proof.
You should always try and keep out evidence that you refused to take the State tests. To challenge evidence you use a Motion in limine.
Implied consent must be “substantially complied with.” Your rights under the implied consent notice have to be accurately conveyed to you. Video is the best evidence. If no video exists then I have the cop read in court the ICN he read to you when he arrested you for DUI.
I analyze the officer’s reading of the ICN. If any word is changed, I analyze it to see if it affects my your rights or obligations under the implied consent law. I analyze any statement the cop made to you. I analyze any statement or request yout made to the officer.

Savannah attorneys open DUI defense firm

October 9, 2010

Adam and Jason Cerbone, Savannah’s celebrated father-son criminal defense team, have opened up a new law firm dedicated entirely to defending those charged with Drunk Driving in Savannah and the surrounding counties. The firm, Cerbone DUI Defense, has also launched an innovative website – www.savannahduilawyer.com – which highlights their many successes.

Individuals facing DUI charges should know that Cerbone DUI Defense is simply the finest, most specialized legal talent money can buy.
Cerbone DUI Defense attorneys will draw on the decades of successful criminal defenses that they have personally conducted. In cases ranging from capital murder to sexual assault, they have earned a reputation as Savannah’s most aggressive legal defenders. Adam Cerbone, for example, successfully defended a local Savannah judge who was, himself, arrested for drunk driving. The dramatic “Not Guilty” verdict he achieved has been a source of legend in the Savannah legal community since it was handed down. This experience, along with the growing DUI defense expertise of his son Jason, has inspired the two attorneys to build a firm that could properly contain their considerable DUI defense expertise.
Cerbone DUI Defense is a criminal defense firm that is particularly balanced. Adam Cerbone represents years of masterful trial advocacy. Alternatively, Jason Cerbone complements the practice by adding cutting-edge DUI trial techniques, which he learns from nationally renowned experts. Specifically, Jason has developed a noteworthy expertise in the field of cross-examination – a specialty that has brought about the dismissal of numerous DUI charges for local defendants.
Anyone seeking more information can find easily accessible and rather thorough details about the firm on their website – www.savannahduilawyer.com. Time, for all DUI defendants, is of the essence. Delays almost always result in automatic administrative license suspensions under Georgia law. Thus, the attorneys at Cerbone DUI Defense look forward to talking with their new clients as soon as possible. No matter how hopeless the case seems, Cerbone DUI Defense is there to help.

What to say to the DUI police officer

October 9, 2010

What to say to the DUI police officer

My lawyer has instructed me to not discuss or reply to accusations after I have provided identification. I will take no field sobriety tests, and I will answer no questions until I speak with my lawyer. If I am free to leave, I would like to do so now. If not, pursuant to my rights under the Federal and State Constitutions, I shall speak to no one in the absence of counsel. I shall not consent to waive my legal rights. I shall not consent to a search of my car. Requests for information or consent to conduct searches, seizures or investigations of my person (including by breath or bodily fluids), property, or effects should be addressed to my lawyer, whose contact information appears on the reverse side of this card.

However, if by declining a test or examination I would be committing a separate crime, I will consent to your request(s).

NOTE: This advice is based on Georgia law and should not be relied upon outside of Georgia. This advice is general in nature and may not necessarily be in your best interest. If you are confronted by a law enforcement officer, make every attempt to contact me.

What to do if you are pulled over for DUI

Be nice.
Say “On the advice of counsel, I will take no field sobriety tests, and I will answer no questions until I speak with my lawyer.” Say nothing more.
Have ready: your license, registration, and insurance, but only give these to the cop if he asks for them.
You may refuse to take a Breathalyzer, blood, or urine test, but you may lose your license for a year. Blood tests are more accurate, and you may ask for one instead of the Breathalyzer, but you must pay for the test and find a doctor to do it. Remember, the police control the Breathalyzer.
If given a ticket, sign it or you could be arrested.
If you’re arrested, you have the right to remain silent. REMAIN SILENT! Wait for the advice of a lawyer before speaking with the police.
Demand the presence of a lawyer. Ask for a lawyer during any questioning, even if you’re not in custody. No matter what the police say, you don’t have to answer anything, and they’ll never treat you better without a lawyer than with one. Remember, even if you did nothing, your statements can and will be used against you later. Play it safe: call your lawyer first.
Ask the police: “What am I being charged with?”
Be honest. Either answer everything fully, or answer nothing until talking with your lawyer.
Never consent to a search of your car. (But, if you are arrested they will search your car. This is allowed for their safety. But, if you are asked for consent to search your car, say NO.
Refuse consent to search. Say: “I refuse to consent to any search of my premises, the location of my arrest, my car or effects.” “I wish to exercise my rights under the Fifth and Sixth Amendments to remain silent and to have a lawyer present during any questioning or lineup.” “If you ignore my exercise of these rights and try to get me to waive them, I want to talk to my lawyer prior to any conversation with law enforcement agents on the subject of waiver.”

Why you shouldn’t talk to the police

You often do not know whether you’re innocent.
Police officers are human and make mistakes.
Innocent suspects make mistakes.
Innocent suspects never know what mistaken witnesses or unreliable evidence the police may have against them.
Any statement can be used to incriminate you if the police are mistaken or confused about what they told you or asked you.
Even if you say nothing that can be used against you, the police will be allowed to testify that they thought you appeared too nervous or too calm.
Police deception tactics are unchecked during interrogation.
You can be prosecuted for false statements to the police or obstruction of justice.

I learned this from Professor James Duane of Regent Law School an advanced DUI Defense seminar, “DUI Communicating Your Way to an Acquittal” in Las Vegas.

What Makes a Winner?

October 1, 2010

The one who wins thinks he can. This is the deceptively simple but profoundly true theme of Napoleon Hill’s Think and Grow Rich. Published in 1937, Hill’s book is the single best-selling success bible of all time. And after you read it. You’ll understand why. In fact, you’ll probably have the proof sitting in your bank account.

In 25 years of interviewing nearly 500 of the most successful people in the world – men like Henry Ford, John D. Rockefeller, and Charles Schwab – Hill discovered that each of them had understood and applied the same fundamental secret to their remarkable successes. In Hill’s life, the person most responsible for revealing that secret was Andrew Carnegie. Having built U.S. Steele into one of history’s largest corporations, the billionaire Carnegie funded Hill’s decades-long research project. The project mission was actually rather simple: learn the formula for success, prepare it for the man on the street, and then take it to the world. And this is exactly what Hill has done.

What sets Hill’s book apart, however, is its relentless practicality. The “self-help” genre is full of works that try to inspire readers with details about the fabulously successful. But inspiration and application are two different things for everyday people who want to put theory into action. Hill’s stories about the world’s most wealthy are certainly inspiring, but they are not his book’s most significant contributions. Instead, his 13-step formula is the practical key for getting anything you want. And I can plainly attest that the formula is working for me!

Think and Grow Rich is, quite simply, changing my life. After reading Hill’s chapter on “Specialized Knowledge,” I opened Cerbone DUI Defense, and am serving my clients with the highest quality DUI defense there is. As I have been putting Hill’s 13-steps into action, I have found that the response to my plans has been nothing short of phenomenal.

Hill’s book applies equally well to success across the board rather than just financial success. Moreover, Hill’s philosophies of leadership, self-motivation, and individual achievement are also timeless. For bill Gates practices the secret in much the same way that J.P. Morgan once did. All in all, this book is elegantly written from cover to cover; it reads like a handbook chock-full of real-life examples. One of my personal favorites is Charles Schwab’s “Pretty After-dinner Speech for a Billion Dollars.”

In short, if you liked the book The Secret, then you’ll love Think and Grow Rich, which exceeds it in more ways than one. Think and Grow Rich is unique because, in the words of Napoleon Hill, “The secret to which I refer has been mentioned no fewer than a hundred times throughout the book. It has not been directly named, for it seems to work more successfully when it is merely uncovered and left in sight, where those who are ready and searching for it may pick it up.” It’s more than an insignificant chance that you’re reading this review right now. You’re ready. You’re searching. Why don’t you pick it up?

Original Article Published in The South Magazine: What Makes a Winner?

Following the Leaders of DUI Defense

Like me to write you a little essay on Ethics?