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Rabin Nabizadeh

January 3, 2017

DUI Defense - Attacking the DUI one-leg stand test The one-leg stand test must be given correctly Although the National Highway Traffic Safety Administration (NHTSA) has standardized the one-leg stand field sobriety test, many officers fail to administer it in the manner required. For example: Some officers will have you count out loud to 15 [...]

Rabin Nabizadeh

January 3, 2017

Attacking a horizontal gaze nystagmus test: the failure to give other tests and the accuracy of the test Raising a reasonable doubt about the results of a horizontal gaze nystagmus test The horizontal gaze nystagmus test (HGN) is often the first field sobriety test administered by the arresting officer. If the police officer claims that [...]

Rabin Nabizadeh

January 3, 2017

Attacking a horizontal gaze nystagmus test: the officer’s qualification to conduct the test The horizontal gaze nystagmus test is an ophthalmologic examination   The horizontal gaze nystagmus test is a test of a person’s eye movements. With one eye closed the individual fixes the other eye upon a pencil-beam of light from a pocket flashlight [...]

Rabin Nabizadeh

January 3, 2017

DUI Defense - Attacking a claim of an odor of alcohol Odor does not prove quantity If the arresting officer refers to the odor of alcohol at the time of your arrest, your attorney might attack this by emphasizing that the odor does not really mean much. The aroma associated with alcohol is the flavoring [...]

Rabin Nabizadeh

January 3, 2017

5 attacks that can be used on DUI field sobriety tests Using the cross-contamination dynamic When your attorney cross-exams the arresting officer in your trial you may notice that an attack about one test can cross-contaminate the other tests. That is, your attorney may make a point once with regard to a specific field sobriety [...]

Rabin Nabizadeh

January 3, 2017

Establishing an early lead and holding it to the end of the trial A strong opening statement can give the defense an early advantage in a drunk driving trial Experienced DUI defense attorneys know that a strong opening statement can give you an early lead over the prosecution in your drunk driving trial. Opening statements [...]

Rabin Nabizadeh

January 3, 2017

Starting strong with an effective opening statement in a DUI case The opening statement is one of the most important parts of the DUI case. In fact, jurors may make up their minds after the opening statement. The evidence which is presented later often merely bolsters the jury’s perception and conclusions reached after the opening [...]

Rabin Nabizadeh

January 3, 2017

How an experienced DUI attorney overcomes the DUI defendant’s negative starting position in a drunk driving case Experienced DUI attorneys understand something very simple and true: most jurors will not like or sympathize with defendants who are on trial for driving under the influence of alcohol, drugs or some alcohol or drug related felony. That [...]

Rabin Nabizadeh

January 3, 2017

Sample DUI jury selection questions Jury selection is the process by which your DUI lawyer will question the prospective jurors in an effort to weed out anyone who will not be fair and impartial in deciding your case. A general goal of this questioning process is to encourage the jurors to open up. “Yes or [...]

Rabin Nabizadeh

January 3, 2017

Using the psychology of influence to persuade DUI juries Psychological principles of persuasion can be effective tools for the DUI attorney. For many decades, social scientists have been studying what makes people say “yes.” They refer to this as the “psychology of compliance.” Research has identified six basic principles of influence and compliance that are [...]