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DUII Trial Notebook (2014) with 2016 Update

DUII Trial Notebook edited by Bruce Tarbox
2016 Update by Rob Crow & Ben Eder

With the 2016 Update to the DUII Trial Notebook, editors Rob Crow & Ben Eder have included legislation from 2015 and new case law changes since the manual was released in March 2014. The updated chapters are: Chapter 2 - DUII Clients, Chapter 4 - Implied Consent Hearings, Chapter 6 - Diversion, Chapter 7 - Motions to Suppress, Chapter 9 - FSTs & DRE, Chapter 10 - Breath, Blood, Urine, and Chapter 16 - Sentencing

NOTE: When you purchase The DUII Trial Notebook hard copy or PDF it will include the 2016 Update. If you already own The DUII Trial Notebook, a PDF version of the 2016 Update has been provided to you. Those who wish to purchase a 2016 Update hard copy for $29 may do above by selecting the appropriate option.

OCDLA thanks editors Robert Crow and Ben Eder for their efforts compiling this year's update to the DUII Trial Notebook.

OCDLA’s 2014 edition is unlike any previous edition — the book has been streamlined into two parts, with the Notebook’s (one binder) motions, checklists, case law and practice tips slim enough to carry with you to court and the “Resource Guide” (two binders) beefed up and categorized, providing the basis for deeper research and learning, broad enough to act as your own DUII defense library in your office or on your hard drive. A total of three binders full of useful manuals and DMV forms if you choose to purchase the hardcopy, and scores of useful links to resources online.

The Notebook has extensive revisions to the sections on The Offense (with felony, misdemeanors, and boats/bikes/and other vehicles included right up front), and Field Sobriety Testing. Three brand new chapters have been added— a) “The Client” by John Powers which provides a great overview of what your client needs to know and expect in a DUII case; b) “Violations & Other Charges” by Mark Cogan and Jeff Turnoy, which presents the nuts and bolts of handling said violations and related charges; and c) “Breath, Blood, and Urine” by Donald Molnar and Kenn Meneely which provides an exhaustive look at the forensics of alcohol testing, with insider tips on cross-examining the Intoxilyzer, Widmark formulations, and retrograde extrapolation. There are more revisions than we can name, but which incorporate the excellent work of attorneys in all previous editions, guaranteeing that this is the one & only manual on DUII Defense in Oregon you could ever wish for.

Table of Contents – DUII Trial Notebook:

  1. The Offense
    • Part 1 – Felony DUII
    • Part 2 – Misdemeanor and the Prosecution’s Case
    • Part 3 – Boats, Bikes & Other Vehicles
  2. The Client
  3. The File
    • Part 1 – Assistants
    • Part 2 – Pretrial Preparation Aids
  4. Implied Consent Hearings
  5. Discovery, Disclosure & Notice
  6. Diversion
  7. Pretrial Motions
  8. Investigators & Experts
  9. SFST & DRE
  10. Breath, Blood & Urine
  11. Violations & Related Charges
  12. MJOA, Mistrial & Objections
  13. The Defense Case
  14. Voir Dire, Opening & Closing
    • Part 1 – Voir Dire
    • Part 2 – Opening Statements
    • Part 3 – Closing Arguments
  15. Jury Instructions
  16. Sentencing, Treatment & Ignition Interlock
  17. Appeals


Table of Contents – DUII Trial Notebook Resource Guide

  1. SFST Student Manual (DWI Detection)
  2. OSP Intoxilyzer 8000 Operators Guide
  3. Drugs That Impair Driving – Participant & Student Manuals
  4. DRE “Pre-School” Participant & Student Manuals
  5. DRE 7-Day Course Student Manual, Parts 1 & 2
  6. Oregon Health Authority Addictions & Mental Health Division ADES DUII Screening Manual
  7. Oregon Health Authority Treatment Provider Directory
  8. Oregon DMV Traffic Court Forms
  9. Oregon DMV Guide To Driving Records
  10. DMV Hardship Application
  11. Oregon DMV Suspension Guide
  12. OSP Physical Evidence Manual
  13. Guide to Oregon Implied Consent Hearings
  14. Reference Material for Chapter 10 in Notebook—Breath, Blood & Urine
Binding: Three 3-ring binders with mylar reinforced tabs (hard copy purchase only)
About the Editors
Bruce Tarbox edited the 2014 revision, shepherding the combined expertise of these contributors:
  • Colin Andries
  • Heidi Astrue
  • Russell Barnett
  • Mark Cogan
  • Ben Eder
  • David Eder
  • Rankin Johnson
  • Shawn Kollie
  • Edward Kroll
  • Edward LeClaire
  • Lisa Ludwig
  • Kenn Meneely
  • Donald Molnar
  • Richard Oberdorfer
  • Joshua Pond
  • John Powers
  • Stacey Reding
  • John Robb
  • Trace Schreiner
  • Jason Short
  • Randall Snow
  • Bruce Tarbox
  • Bob Thuemmel
  • Jeff Turnoy
  • Bear Wilner-Nugent
  • L. Todd Wilson
  • Shannon Wilson


Electronic Downloads
Electronic downloads are for members only with the exception of law libraries and are intended for the number of users indicated in the license. Members will need to log in to purchase downloads and get member discounts.