Comprehensive Impaired Driving Defense Training – Video Replay
This is a three-part intensive, comprehensive program: Blood, Drugs and Alcohol. This lecture by experienced experts in the field will tackle blood test results, handling the DWAI drug case, and challenging the breath test in a DWI case. Please note that the sequence of topics may change slightly, but the topics and credits will remain the same.
9:00 a.m. to 10:15 a.m.: Topic One:
This segment is designed for attorneys who handle DWI cases and are looking for ways to challenge the breath test. We will break down the discovery material provided by the prosecutor in order to use it to your advantage. In addition, we will focus on cross-examining the breath test operator to show potential issues with the chemical test. Finally, this course will provide an overview of defenses used to challenge the test result and when an expert witness may be necessary. Ethical considerations will be addressed.
Lecture by: Jonathan Cohn, Esq., Gerstenzang, Sills, Cohn & Gerstenzang
1.0 Credit in Skills; 0.5 Credit in Ethics
10:15 a.m. to 10:20 a.m.: Break
10:20 a.m. to 12:00 p.m.: Topic Two:
This segment is intended to provide tools with which NY criminal defense attorneys can digest and attack the evidence utilized in DWAI drug cases. We are seeing an increase in the inflexibility of prosecutors to offer standard reductions in DWAI drug cases which requires more of these cases to proceed to hearings and a trial. I will discuss blood test results and how to use them to affirmatively attack the People’s case. Additionally, we will dissect the drug recognition evaluation face sheet and discuss how we can convert what we learn from it into effective lines of cross-examination. Ethical considerations will be addressed.
Lecture by: Joe Gerstenzang, Esq., Gerstenzang, Sills, Cohn & Gerstenzang
1.5 Credit in Skills; 0.5 Credit in Ethics
12:00 p.m. to 12:10 p.m.: Break
12:10 p.m. to 1:00 p.m. Topic Three:
This segment will help provide criminal defense attorneys with tools they can use to attack a blood test result without needing an expert. Each step in the process will be discussed and the common weaknesses in the People’s evidence will be examined. It will quickly become clear how these issues can be woven into an effective cross-examination. Specifically, issues surrounding pre-withdrawal, the blood test kit, the blood withdrawal itself, sample preparation as well as the testing procedures employed will be addressed in a way that will be palatable for attorneys with limited scientific background. Ethical considerations will be addressed.
Lecture by: Eric Sills, Esq., Gerstenzang, Sills, Cohn & Gerstenzang
0.5 Credit in Skills; 0.5 Credit in Ethics
- July 7, 2022
- 9:00 AM
- 1:00 PM
- Virtual Participation
- Criminal Justice Section
- Committee on Continuing Legal Education