DUII Defense in 2022
March 4-5, 2022
DUII Defense in 2022
March 4–5, 2022 | Hood River Inn
Scroll down for presentation descriptions, below the agenda. Additional descriptions will be added as they are submitted. Speakers, topics and agenda subject to change.
Friday, March 4
Moderator: Edward LeClaire, Metropolitan Public Defender, Portland
1:00 The Future of Traffic Encounters: Arreola-Botello, McCarthy, and the Next Groundbreaking Case / Chapter 1
Joshua Crowther, Office of Public Defense Services
2:00 Nystagmus: An Adventure in Experiential Learning / Chapter 2
Anna Sammons, Eugene
3:00 Break/ Door Prizes
3:15 State v. Shevyakov: How to Use Miranda to Suppress FSTs / Chapter 3
Thomas Freedman, Portland, and Brett Allin, Office of Public Defense Services
4:15 John Henry's Final Presentation: Lessons Learned in 50 Years at the Bar / Chapter 4
John Henry Hingson, III, Oregon City
5:15 ADJOURN / Reception • Sponsored by Max Mizejewski, MJM Law Office, PC, Eugene
Saturday, March 4
Moderator: Emily Oberdorfer, Portland
8:00a Continental Breakfast (included)
9:00 Soak Up the Wisdom, Develop Your Own Style: Learning from the Masters / Chapter 5
Shannon Mortimer, Portland
10:00 Break / Door Prizes
10:15 Zealous Advocacy and Alcohol Use Disorder (AUD): Helping Suffering Clients / Chapter 6 (Mental Health/Substance Use Credit)
Richard Oberdorfer, Portland
11:15 Doubting the State's Case at Trial: The Intoxilyzer / Chapter 7
Bryan Donahue, Bend
12:15 lunch (included)
1:15 Getting to CrimNegHom: Convincing the Prosecutor Away from a Manslaughter Charge / Chapter 8
Jason Short, Salem
2:15 Psychedelic DUIIs: How to Approach Hallucinogenic Impairment Cases After Measures 109 & 110 / Chapter 9
Michael Hughes, Bend
Chapter 2: Nystagmus: An Adventure in Experiential Learning
The presence of Horizontal Gaze Nystagmus (HGN) is a strong indicator of alcohol impairment, and testimony about the presence of HGN is uniquely persuasive. In this presentation, I use lecture, video, and live demonstrations to teach lawyers a little bit about how our eyes work, what nystagmus is and, most importantly, how hard the HGN test is to administer properly and interpret properly. I then share a variety of strategies for attacking anticipated testimony that a DUI suspect exhibited multiple HGN “clues.”
Chapter 3: State v. Shevyakov: How to Use Miranda to Suppress FSTs
In State v. Shevyakov, 311 Or App 82 (2021), the Court of Appeals held that a police officer impermissibly interrogated a driver under Article I, section 12, by asking him to perform field sobriety tests after the driver was arrested and invoked his Miranda rights. In this presentation, the trial and appellate attorneys who litigated Shevyakov will discuss the opinion, its implications for DUII defense, and other issues surrounding Miranda rights in DUII cases. There will also be a bonus discussion regarding how to limit the state’s attempts to offer alternative bases for admission of evidence after a remand in a successful appeal.
Chapter 4: John Henry's Final Presentation: Lessons Learned in 50 Years at the Bar
In this final presentation of John Henry Hingson's illustrious career, not only will he regale us with stories as no one else can, but he will "tell folks about some techniques that I have never shared with others." You don't want to miss this!
Chapter 5: Soak Up the Wisdom, Develop Your Own Style
Soak Up the Wisdom, Develop Your Own Style: Learning from the Hingsons, Wollams, and Thuemmels as you hone your DUII skills and techniques.
Chapter 6: Zealous Advocacy and Alcohol Use Disorder (AUD): Helping Suffering Clients (Mental Health/Substance Use Credit)
Rich Oberdorfer will to talk about the DSM 5 (and changes from DSM 4) related to Alcohol Use Disorder (and the older diagnosis of Alcohol Abuse). He will explain: how DUII lawyers can help people suffering from this disorder, starting with the initial conference, including client family members; preparing and litigating the DMV hearing; seeking early treatment and other mitigation strategies; then to plea versus trial, and how AUD affects that decision-making and risk-management process. He will tie all this in to increasing longevity among DUII defense lawyer colleagues, that lawyers can do good and do well. He will talk about alcohol and other drug impairment signs and symptoms, how to help your clients, and how to help yourselves and your colleagues. His presentation will involve plenty of nuts and bolts on how to defend these cases, but also plenty of tips on how to help suffering people. In short: how to defend these cases zealously while still helping our clients recover from a medical disorder. And to avoid being upset or angry with them—because they are suffering, and the only thing that seems to work is fairly radical kindness.
Chapter 7: Doubting the State’s Case at Trial: The Intoxilyzer
In this presentation, Bryan Donahue will discuss approaches in trial that can be used to create doubt in the State’s Case. He will focus primarily on the Intoxilyzer, the State’s own scientific methods used to support it, and how to effectively utilize experts to weaponize your client against “the machine”. Along the way you can expect to hear real world tips and techniques intended to get your jury in a doubting mood.
Chapter 8: Getting to CrimNegHom: Convincing the Prosecutor Away from a Manslaughter Charge
When there’s a death involved with a motor vehicle, how do you convince the prosecutor that criminally negligent homicide is the more appropriate charge? With three such active cases at present, Jason Short will share tips and strategies for your success.
The seminar will take place at Best Western Hood River Inn in Hood River.
Complimentary parking and wi-fi included.
1108 East Marina Way
Hood River, OR 97031