Georgia Public Defenders Seminar 2015 October 16, 2015

8:30 – 8:45 Welcome and Introduction to Our Program!

8:45 – 9:30 Voluntary Consent Under the Georgia Implied Consent Regime: What to look for and how to challenge voluntariness under Williams. Robert Chestney, Atlanta, GA

9:30 – 10:30 Evaluate the Evaluator: Can we rely on the results of field sobriety testing when the officer departs from his training? Anthony Palacios, Alpharetta, GA

Break

10:45 – 11:30 Blood Testing – Is the Test Result Accurate? How to identify and understand potentially meaningful problems with your client’s blood test. Erin H. Gerstenzang, Atlanta, GA

Lunch break

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DUI DEFENSE TRIAL STRATEGIES FOR GEORGIA PUBLIC DEFENDERS

Program Co-Chairs

Erin H. Gerstenzang Esq.

D. Ben Sessions Esq.

Sponsored by

Georgia Public Defender Standards Council

National College For DUI Defense

Location

Bar Headquarters 104 Marietta St. NW, Suite 100 Atlanta, Georgia 30303

October 16th, 2015 – Morning Agenda

Georgia Public Defenders Seminar 2015 October 16, 2015

12:15 – 1:15 A Primer on the Intoxilyzer 9000: How is it different from the 5000 and how can we know if the results are reliable? Matthew Malhiot, Canton, Georgia

1:15-2:00 Constitutional Speedy Trial Violations: They happen more often than you might think! What to look for and what do to about it when it happens. D. Benjamin Sessions, Atlanta, GA

Break

2:15 – 3:00 Taking Control of the Facts of Your Case During Cross Examination: Finding hidden gems and developing the skills to use them effectively! Michael Hawkins, Dunwoody, GA

3:00 – 3:45 Similar Transactions: If they are back, when can we avoid them and what do we do if they are admitted at trial? Anna Bolden and Jeff Rothman, Athens, GA

3:45 – 4:30 The Legality of Georgia Roadblocks: Enforcing the Constitution One Roadblock Challenge at a Time. Andrew Fleischman, Atlanta, GA

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October 16th, 2015 – Afternoon Agenda

CLE Credit

GPDSC will submit the names and bar numbers of all attendees to the State Bar after seminar attendance. GPDSC does not pay for your CLE credit; you are responsible for paying for any CLE credit that you wish to receive. Each CLE credit is $5 per hour plus an additional $15 for any/each professionalism hour. Once GPDSC has certified your attendance to the bar, you may send a check to the State Bar for the CLE credit that you need, OR pay online at www.gabar.org.

Checks should be made out to “CCLC” and sent to: Commission on Continuing Lawyer Competency, 104 Marietta Street, NW, Suite 100, Atlanta, GA 30303. Make sure to include the seminar name, date(s), your name and bar number with the check. You can also check the status of your CLE credits at the State Bar’s website, www.gabar.org.

Georgia Public Defenders Seminar 2015 October 16, 2015

Erin Gerstenzang is a criminal defense attorney in Atlanta, Georgia. Her practice is focused on the defense of clients charged with DUI and other drug and alcohol related offenses. Erin has been invited to  teach  DUI  trial  techniques  in  eight  states and is a frequent lecturer at local conferences regarding DUI law. She planned and coordinated the first DUI Defense Trial Strategies for Georgia Public Defenders conference and has served as the chair for 5 years running. She is a faculty member of the National College for DUI Defense and has been named by Georgia Superlawyers as one of Georgia’s Rising Stars.

Benjamin Sessions is one of only five lawyers in Georgia Board Certified in DUI Defense by the National College for DUI Defense. Ben is a regular speaker at seminars before the National College for DUI Defense, Georgia Association of Criminal Defense Lawyers, Georgia Public Defender Standards Council, New York State Bar Association, and Georgia ICLE. He is certified as an Instructor of NHTSA's Standardized Field Sobriety Testing procedures and has received extensive training in forensic breath, blood, and urine testing. In 2010, he was recognized for the Greatest Trial Victory of the Year by the Georgia Defense of Drinking Drivers Group. In 2011, Ben was recognized as the DUI Lawyer of the Year by the Georgia Defense of Drinking Drivers Group. In 2012, he was recognized as a "Legal Elite" within the practice area of DUI Defense by Georgia Trend Magazine.

Robert Chestney is one of only five lawyers in Georgia Board Certified in DUI Defense by the National College for DUI Defense. He has been a criminal defense lawyer for 36 years, and since 1993, his practice has been exclusively devoted to defending DUI and vehicular homicide cases. In addition to his trial work, Mr. Chestney maintains an aggressive appellate practice, having personally handled such significant cases as Jorgensen v. State, Baker v. State and Cooper v. State, 277 Ga. 282 (2003).

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Co-Chair Profiles

Georgia Public Defenders Seminar 2015 October 16, 2015

Anthony Palacios is the CEO for IDS Consulting as well as the Standardized Field Sobriety Testing (SFST) and Drug Recognition Expert (DRE) consultant for the Firm. Anthony is a former SFST State Coordinator for the State of Georgia and a former SFST/DRE Staff Instructor for the Georgia Police Academy at the Georgia Public Safety Training Center. Anthony is a former International Association Chiefs of Police certified DRE Practitioner, DRE Instructor, and DRE Train the Trainer, as well as a National Highway Traffic Safety Administration SFST Practitioner, SFST Instructor, and SFST Train the Trainer. While in law enforcement, Anthony trained approximately 3,000 City, County, State, and Federal law enforcement officers and prosecutors in the detection of drivers under the influence of alcohol and/or drugs.

Matthew Malhiot acquired his Bachelor of Science degree from Park University and continued his education with training in forensic alcohol toxicology, DUI / DWI enforcement, breath alcohol instrumentation, liquor liability, dram shop and responsible alcohol sales and service . He also completed studies at Indiana University's world-renowned Robert F. Borkenstein's Alcohol, Drugs, and Highway Safety: Testing, Research, and Litigation course. Returning to Indiana University to further his education, he completed the course on Forensic Alcohol Program Management. In addition, Mr. Malhiot has also completed the Forensic Toxicologist Certification Board's course on Forensic Ethanol Analysis and Interpretation and has accumulated ample training and experience while working with the Montana Department of Justice (Division of Forensic Science), the National Highway Traffic Safety Administration (NHTSA), and the Florida Department of Law Enforcement's Alcohol Testing Program.

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Speaker Profiles

Georgia Public Defenders Seminar 2015 October 16, 2015

Mike Hawkins is founder of The Hawkins Law Firm, P.C. in Atlanta, Georgia, is one of only five lawyers in the state of Georgia who is Board Certified in DUI Defense by the NCDD. Listed as one of the Top 100 Lawyers in Georgia by Atlanta Magazine and included among their list of “Super Lawyers” for the past 11 years. He is Vice-Chairman of the DUI Committee for the National Association of Criminal Defense Lawyers and currently serves as Chairman of the Board Certification Committee for the NCDD. Mike has served on the Board of Regents for the NCDD since 2008 and has been invited to teach trial techniques to lawyers and judges in 12 states.

Anna Bolden is an associate at the law firm of Daniels & Rothman, P.C. in Athens, Georgia. She practices DUI Defense, Family Law, Criminal Defense, and Personal Injury law. Anna received both her undergraduate and law degrees from the University of Georgia. Anna was the recipient of the UGA Law Foundation Scholarship. Prior to entering private practice, Anna prosecuted numerous cases as an Assistant District Attorney in Barrow County. She currently serves on the State Bar of Georgia Investigative Panel, which handles lawyer discipline for ethical and professional violations.

Jeffrey Rothman is a member of the National College for DUI Defense (NCDD) and the Georgia Defense of Drinking Drivers group (DODD). He is the recipient of the 2012 and 2014 DODD Lawyer of the Year awards. A 1992 graduate of the University of Georgia School of law, Jeff practices in Athens, Georgia. Dedicating his practice to contested DUI cases, Mr. Rothman is a trial attorney who has served as lead counsel in hundreds of jury trials during his career.

 

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Speaker Profiles

Georgia Public Defenders Seminar 2015 October 16, 2015

Andrew Fleischman Andrew Fleischman graduated from the Georgia State University College of Law in 2011. He began work doing motions and appeals with Head, Thomas, Webb and Willis before beginning work as appellate counsel at the Paulding County Public Defender's Office. He currently handles criminal appeals throughout the state at the Georgia Public Defender's Council. 

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Speaker Profiles