the speaker i have is jon artz. a little backgroundon jon artz, we try to present, and i think you'll see with all of our speakers here,some of the top people in the field. you can tell me if you think this is one of them.graduated in 1967 from the university of california los angeles. got his law degree from uclain 1971, and ucla turns out fine lawyers, they don't play much football there, but theysure turn out lawyers. (laughs) how did he get to be a dui lawyer? well, you gotta earnmoney when you're going to law school. where would you work if you want to be a dui lawyerand you're in law school? you work at a bar in marina del rey. and that's what jon did.he got out. he had his first case in 1972. so 2-4 deuce. trial hung. not bad for a firsttrial. i remember my first trial, i'm walking
the wells and all this stuff, a fair defense,and my client, judges look at me and i say "what's going on?" and my client says "don'twalk in there. he's been in court more than i have." jon's been in court, a little bit.250 jury trials. so you might want to pay attention to what he is saying. because ifyou're going to win some of those, even a blind squirrel is going to find a nut. orwe will have some jurors like we had at lunch, you hold the door open, thats great. he servedas a judge pro tem. and not only is he seriously, if you just watch his presentation, you canjust see jurors just slowly gravitating to him and getting them to align with his side.but he's also a superb, superb writer and creative motion person. if you don't thinkso, some of these motions that you are filing
on these trials come from jon artz. the toleranceone, yea yea yea, never works, ok. but it's a nice motion to make. there is a motion though,if you're not familiar with it, its the 403-c motion, that thing is lethal. ok? how manypeople are familiar with the 403-c motion? i'm going to ask jon to talk a little bitalong the way. one motion, all this stuff is hit and miss. that is a legal motion. nolonger does the test go to wait. it tells the jury it goes to admissability and theyare to decide, no foundation, no test at all. that's a nice instruction to have. i use itin my trials because of jon. he is an editor and consultant to simons and bergens and hesays that he has grown as a lawyer during his experience. he has learned the mindsetof jurors and the constantly evolving and
changing themselves. and that is a sign ofa good lawyer. that's a sign because he is growing. how is he been doing the past coupleof years? well, he's had 14 trials. he's only won 11 of them though. one was a hang, gotdismissed. and he got flat out beat by 2 dui trials. they were in lax court in compton,so, we told jon he wants to stay out of there. but he's won cases in orange county, los angelesand ventura, i mean 80% of those last 14 trials, 80% he's won, so let's give a big hand andlets take notes. i would. i am pausing because i am trying to ask my higher power to helpme tell you what i've learned in 40 years, and i'm trying to diminish the ego that wellsinside of me so i can share with you because i truly believe that jurors sense who we areand i truly believe that if we convey to these
12 people who don't really want to be there,that we are being of service to our client and to them. and we relate to the jurors ina way that's not aggressive, not trying to challenge everything, but that they will dothe right thing. they will do the just thing. if they listen to the evidence and the burdenof proof. i am very respectful to the jurors. and so, before i really get started in tryingto share with you what i have learned through a lot of. i wanted to call out some practicalpointers. and first of all, as been mentioned to ya, you gotta get the books. the coolwatchbook, and i know eddy, and i liked him way back when. the other day i had a dmv hearingand it came up on the arrest report that the cop advised the chemical test and the clientsaid no thank you. and the cop put him in
the squad car and read him the admonition.in that case i did not subpoena the cop. and i did not bring in my client. and ijust arguedthat there was radio transmission, there has to be. and i needed the case, i didn't havethe coolwatch book, and got in 30 seconds. so, you gotta have that. two. the bartel book.phenomenal. i never used to have timelines in my opening statements. i don't make anopening statement, imake an opening argument. my opening statement is the same stuff asthe closing arguments. same stuff. i use the same timeline. because i know where my casesare going. i know what i can do and i know the timeline, you gotta get the bartel book. chpmanual. you gotta get it. here's a phone number it's called the hpm70.4 and believe it ornot, the chp is your friend. they are transparent.
if you call 916-376-3200 again, 916-376-3200they will give you an ordering sheet and you can get this dui enforcement manual. necessarytool. also, these vendors over here, chris baloo, are you here? just stand up. i usechris mcdonald, that man over there, why? because they help my clients. i want to beof service to my clients. and so when i tell the clients, hey listen, get your insuranceit will save you money. it's also a service to me. i don't have to talk to that clientand take my valuable time to guess about stuff. i can give it to him, it saves the clientmoney, it helps the client get the thing filed, it's a win win for everybody. so you know,use these vendors, they are really good at what they do. don mentioned the 401-c3 solet me run that by ya. ok. i've had very good
success with clients because i emote to jurorsand in my eyes, in my closing argument, i usually tear up. i don't cry. tears don'tcome, but i tear up. and that's part of the fear i have inside me because i want to dowell. that's part of the fear that i channel to showing the jury that i care and that it'sthe right thing to do to prove not guilty under the facts presented and in this case,you can hold your head high ladies and gentlemen, when you walk back there in that jury room.parenthetically, always know what the jury room looks like, because you go back thereand you describe it to them. but when you walk back there in that jury room, you canhold your head high after you come back with a not guilty because this case wasn't proved.and i think the fear that's inside of me,
the fear that maybe i'm going to lose. thefear that maybe i didn't do everything i could. i channel that. so, you know, for your ownjourney and how you're doing and what you want to do, i'll just tell you that in thelast 12 years, i've been in a 12-step program. and that's helped me with ego. i was a veryself-centered guy. i still am. but i'm better. i share that with you only because i sincerelywant you to get the message. if you can reduce your ego, and be of service. if you can conveythat to those 12 people, your chances of helping your client, who has paid you money and trustedyou, has gone up exponentially. so if you want to win these trials, figure out how toget rid of the egotistical, which is a hard challenge, is it not? because on the one handwe want to show that we know this stuff. we
want to cross-examine vigorously. we wantto present our arguments. objection your honor! it's a hard line. to defend your client, getthat jury, when you want that 12-zip 12-zip, your way. it's not hard to get it the otherway. so, how to be of service, how to get these results. one. i tell them in boredire,i tell them however i can. i tell them subtly, i tell them by my body language. to the extenti can. i tell them that to do justice in this case. justice. to do the right thing. to getto the right results. you can say it any way you want. but i keep saying about the rightthing. i try to be a trustworthy guy. how do i do that? i tell them the time line. itell them the facts. i stand up and bore dire, i say something along the following lines,ladies and gentleman. when the judge says
to me, it's time to stand up, from that momenton, from the moment i drive to the courthouse. my essence is developed to think about don'tcut anybody off because you're in the parking lot. don't be a jerk. and to show them thati'm a trustworthy, credible guy. as i've gotten older it's gotten easier. but iconvey thatto them and that's my whole deal. and if the judge shits on me, which they do. i just saythank you. yes sir. fine. very well. i used to say, "objection! your honor, there is objectionyour honor! your honor, you're wrong." one, it doesn't work. two. the judge it's his court.three. the jury gets turned off. four. you're not going to be of service to your clientso when the judge shits on me, thank you. very well. and you know what? when you dothat. when i do that, when i just say, yes
sir. jurors sense that. jurors sense thati'm doing the right thing. just, very well, and move on. don't be a jerk. ok. credible.sincere. i had a police officer in englewood. i'm talking now about the image and the feelingwe have to have to help these folks who are charged with this crime. ihad a police officeout there who was sick. he had the flu or something. i bought him water. i offered himtissues. i was very kind to him. and the guy was giving me hallmark answers. the wholeway down the deal. hallmark answers. and that jury took an hour or three hours and cameback 12-0 12-0. with a chp officer who by using the chp manual, and leading him throughit. if you don't know the chp manual, check it out. you can ask the officer, have youever had any training with respect to absorption.
chapter one. it talks briefly about absorption.in it, it says, "oh, absorption can take up to an hour." why not use that. why not getcreative and use what the chp officer what you are going to be talking about later, andjust post up queues that you can cover with the officer. and of course, the driving queues.and you know you can do it gently. not to pound him. oh officer, isn't it true thatyou have been trained regarding queues that you would expect to see if someone was underthe influence. yes. and you know, under the influence is not something you can turn onor off. sure. and you know, you would expect to see erratic speed by example, wouldn'tyou? yeah. if he says no. then you get out the manual gently, and before you do that,so you can, stop the potential harm from the
police officer, you lay your foundation. so,the officers always talk about, i've been trained at the academy of dui and this thatand the other. so i like to, because iknow i'm going to pull out the manual ijust toldyou about. the enforcement manual. so i ask him, you've been trained there was a manualwith a blue cover it was hp 70.4, yeah yeah yeah. that was important training right? right.and that's the training that you need to have to be able to make opinions here. you guysgot all that stuff. but you take the manual and you can turn this witness from someonewho is walking in with a uniform and all his experience and training. that's the beginningof the end of the prosecution's case. you're not there yet. but that officer can turn yourcase around. so when the judge reads off the
complaint, i tell my clients, the first dayis going to be a rough day. you ever look at jurors when they read off the driving underthe influence? they don't want to be there. they don't like this case. they don't likeyour client. they don't like you. that's just the truth. now, by the end of the officer,we are half-way there. halfway there. so, ok. so what can we do to create this psychologicalfeeling so that these jurors actually want to go your way? respectful, courteaus. non-hostile,not angry. you ever had a discussion with a friend or foe and you've said words to theperson like, listen to me ra ra ra. the person that you are talking to like that cannot hearyou. so if you want to be heard, it's imperitive in my opnion to tone it down a notch or two.now, that doesn't mean as skilled advocates,
we cannot raise our voice or develop a tone,but only when, only when it's a critical piece of evidence, do i ever try to raise my toneand say "officer, isn't it true that" and add a little inflection get my bulk up, dosomething. and there's a thin line between me doing that and a way that is still respectfuland being an ass fill in the blank.
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