| Strategies For Trying An OUI Case
Understanding The New Law
Macaronis Institute for Trial and Appellate Advocacy
Please Note: This course has already
been held.
Date: Friday, February 06, 2004
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 05:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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As a result of the drastic changes in OUI law, the way in which you defend OUI cases must change accordingly. This is one of the most important seminars that OUI defense practitioners in Massachusetts can attend this year. The changes in the law will be reviewed in detail and be presented in a cogent, in depth manner. An analysis of the per se law reveals that you must now be capable of attacking the significance of a breath test reading on a regular basis. The use of expert testimony is critical. This seminar will show you how to use a defense expert toxicologist to neutralize the impact of the breath test reading. You will also learn how and when to compel an election by the Commonwealth between the per se portion of the complaint and the impairment portion of the complaint. The new breath test device used throughout the Commonwealth will be demystified. In addition, leading defense practitioners will demonstrate critical components of an actual trial such as cross examination of the arresting officer, openings and closings for the defense and the use of motions in limine. The demonstrations will be presided over by an experienced District Court judge.
Who Should Attend:
The seminar is aimed at all practitioners who defend OUI cases. No matter how experienced you are, you will learn new defense strategies and methods. Experienced practitioners will learn how to rethink their approach in defending an OUI case in light of the new legislation. Those of you with less experience will greatly benefit as well by observing the leading practitioners in the field apply their skills in a typical OUI fact pattern.
Attend and Learn:
- Tactics & Strategies for Applying the Law to Your Pactice
- How to Diffuse the Arresting Officer's Testimony
- The Significance of the Variability of Blood/Breath Ratio in the Population
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Kathleen E. Coffey
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First Justice, West Roxbury Division, Boston Municipal Court Department, was appointed to the Bench in 1993. Before joining the Bench, she was in private practice from 1988-1993 at Parkway Law Office in West Roxbury and with Brogna & Butters from 1985-1988. From 1979-1983, she was an ADA for Suffolk County. She has been a Visiting Associate Professor and a member of the adjunct faculty at Suffolk U. Law School. She is a graduate of BC Law School. |
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Richard L. Zisson
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Is a partner in the law firm of Zisson
and Veara with offices in Dedham and Dennis. He specializes in litigation
concentrating in OUI defense, personal injury, domestic relations and
business litigation. Mr. Zisson is a member of the adjunct faculty
of Suffolk U. Law School where he teaches criminal practice and trial
advocacy. Mr. Zisson has published extensively on OUI defense, drug
law enforcement and dramshop liability.
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David M. Benjamin
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Clinical Pharmacologist, is a Fellow, American Academy of Forensic Sciences, Fellow, American Society for Healthcare Risk Management, Fellow, American College of Clinical Pharmacology and Fellow, American College of Legal Medicine. He is a trained Clinical Pharmacologist & Forensic Toxicologist, a trained arbitrator and mediator, and a nationally-recognized scholar in Legal Medicine, Reducing Medication Errors, the Drug Development process and Forensic Toxicology. |
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Sandra L. Gosser
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Was formerly affiliated with the District Attorney's Office of Suffolk County. As the Supervising Assistant District Attorney in the Chelsea and Dorchester District Courts she oversaw all district court prosecutions within those jurisdictions through supervision of prosecutors, interns, advocates, investigators and support staff. She worked closely with members of the judiciary and law enforcement in policy implementation, developed and maintained court and community relations, initiated community outreach efforts and contributed her insight in the prosecution of OUI crimes to the 2003 Massachusetts Prosecutors OUI Manual. An experienced trial attorney admitted to practice in MA and NY, Attorney Gosser is a graduate of Tulane Law School. |
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George Hassett
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Is a criminal trial lawyer and is a founding partner of Hanley, Hassett and Fitzsimmons. In addition to being admitted to practice law in MA, Attorney Hassett is admitted to practice law before the U.S. District Court for the District of Massachusetts and has tried cases in CA, NH, RI and NY. His practice concentrates in criminal and civil litigation, personal injury cases and Federal and Superior Court felony jury trials. He has also tried numerous OUI cases including allegations of Motor Vehicle Homicide and allegations concerning serious bodily injury. Attorney Hassett is a member and guest lecturer of MACDL. |
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Kevin J. Reddington, Esq.
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Kevin J. Reddington Law Office, Brockton, MA |
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Honorable Robert C. Rufo
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Associate Justice, Massachusetts Superior Court |
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| S C H E D U L E / A G E N D A |
| 9:00 |
Introductions |
Richard L. Zisson, Esq., Chair
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| 9:10 |
The New Law |
- How does it work
- How can it be challenged
- What are the litigation strategy issues
Honorable Robert Rufo, George Hassett, Esq.,
Kevin Reddington, Esq., & Richard L. Zisson, Esq.
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| 10:15 |
Discussion and Q & A |
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| 10:45 |
Discovery Issues-Motions in Limine |
George Hassett, Esq. & Richard L. Zisson, Esq.
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| 11:25 |
Panel Discussion and Q & A |
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| 11:40 |
Opening Statements |
Sandra L.M. Gosser, Esq. & George Hassett, Esq.
Presiding: Honorable Kathleen Coffey
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| 12:00 |
Lunch (on your own) |
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| 1:00 |
Direct and Cross Examination of Arresting Officer |
Sandra L.M. Grosser, Esq. & Kevin Reddington, Esq.
Presiding: Honorable Kathleen Coffey
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| 1:40 |
Direct and Cross Examination of Expert |
David M. Benjamin, Ph.D. & Richard L. Zisson, Esq.
Presiding: Honorable Kathleen Coffey
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| 2:00 |
Panel Discussion and Q & A |
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| 2:45 |
Closing Arguments |
Sandra L.M. Grosser, Esq. & Kevin Reddington, Esq.
Presiding: Honorable Kathleen Coffey
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| 3:15 |
Discussion and Q & A |
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| 3:30 |
The Machine-How It Works and How to Attack It |
David M. Benjamin, Ph.D.
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| Date: |
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Friday, February 06, 2004 |
| Tuition: |
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Tuition is $199; $149 for attorneys admitted to the bar after 2001, members of MACDL and CPCS attorneys.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in NY, RI, NH, VT, ME. If we are not already an approved CLE provider in your jurisdiction, we will assist you.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
Please hold Friday, February 13 as an alternative date if this conference should be cancelled due to inclement weather.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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