Barry T. Simons
Barry Simons
Laguna Beach
California (CA)
Criminal Defense: DUI/DWI
Criminal Defense
Profile
Barry Simons leads a team of dedicated professionals who have litigated thousands of DUI cases in Courtrooms throughout Southern California and before the DMV. They have taught and written extensively on the law and science of DUI and collectively represent the most respected and recognized leaders in DUI Defense. The team is made up of (4) lawyers, specially trained Paralegals and Investigators. Our firm has relationships with top forensic experts and independant laboratories and places a premium developing and presenting credible scientific and medical defenses to DUI charges involving both alcohol and drugs. Barry is a nationally known expert in DUI Defense who has spent over 40 years fighting for drivers' rights in Orange County's Courts. He is a Founding Member, Fellow and the former Dean of the National College for DUI Defense. He is one of only 5 attorneys in the State of California to hold Board Certification in DUI Defense under standards certified by the American Bar Association. He has served as Vice-Chair of the DUI Advocacy Comm. of the National Assn. of Criminal Defense Attorneys. He is currently on the Bd. Of Directors of the California Association of DUI Lawyers and has qualified as a Specialist Member. He is rated "Preeminent" by Martindale-Hubbell and has been selected to "Who's Who In American Law".
Barry has been awarded the coveted peer review rating of AV ("very high to preeminent" in legal ability and ethics) by the Martindale-Hubbell International Law Directory. A lawyer must be admitted to the bar for 10 years or more to receive an AV® rating. In 2010 he was listed as a top rated DUI Lawyer by OC Metro Magazine. Barry also is rated 10.0/10.0 in DUI Defense (The Highest Rating) from AVVO Lawyer rating service.
Barry has also been a leader in challenging the DMV with Writs and Appeals. In 1998 he established relaxed standards required at DMV Hearings to challenge alcohol-testing procedures in DUI Cases. (Robertson v Zolin) In 1999 he forced the D.M.V. to announce that they would cancel 4,700 drunk driving suspensions after exposing the OC Crime Lab's use of unapproved breath testing machines (Trautman v DMV). In 2002 he exposed the O.C. Crime Lab's use of unapproved Blood Testing methods between 1996 - 2002 (Bite v Gourley) invalidating blood test suspensions for all of his clients during that entire period.
He followed in 2003 with Baker v Gourley which established the rule that DMV can't rely on police opinions of intoxication to suspend drivers' licenses. His class action suit against the entire Irvine Police Department for failing to give DUI arrestees a choice between blood/breath and urine tests resulted in the decision in Nelson v. City of Irvine in the Federal Ninth Circuit Court of Appeals, which was upheld by the U.S. Supreme Court. In that case he established for the first time that an arrestee has a constitutional right to choose a breath test and that the police cannot compel a blood test from a driver who wants a breath test, except under unusual circumstances. He has co-authored Amicus Curiae Briefs for the United States Supreme Court in the cases of Illinois v. Lidster challenging police use of "Roadblocks" and Stogner v. California which successfully challenged extending time barred criminal prosecutions.
Barry has presented his cases and lectured at seminars for DUI attorneys throughout the US on subjects including scientific evidence, legal motions, DMV practice and procedure and the interstate implications of DUI license suspensions. His drunk driving cases include successful challenges in both trial and appellate courts to DUI Roadblocks, Preliminary Alcohol Screening Devices, DMV procedures and practices and refusals to take chemical tests. He is a "Co-Author" to California Drunk Driving Law, the "Bible" of DUI Defense.
Selected To
Southern California Super Lawyers 2012
Southern California Super Lawyers 2011
Southern California Super Lawyers 2010
Southern California Super Lawyers 2007
About Barry Simons
Admitted: 1972, California
Professional Webpage: www.duilawyerorangecounty.com/orange_county_barry_simons.htm...
Honors and Awards:
- Issued Recognition of Experience Certificate in the Field of Felony and Misdemeanor Criminal Defense, Recognition of Experience In Criminal Defense, California Trial Lawyers Association, 1989
- Issued in Recognition of Efforts to Educate and Enlighten Fellow Attorneys by The Criminal Law Section of the California State Bar for presenting the Seminar "Facinating Insights In: Driving Under The Influence and DMV Proceedings By Recognized Experts", Certificate Of Appreciation, California State Bar, 2000
Special Licenses/Certifications:
- Board Certified in DUI Defense by the National College of DUI Defense under standards approved by the American Bar Association
Bar/Professional Activity:
- Founding Member of National College for DUI Defense
- Board of Director - Orange County Harbor Bar Association
- President - South Orange County Bar Association
- Board of Directors - South Orange County Bar Association
- Board of Directors - Orange County Bar Association
- California Attorneys For Criminal Justice -Co-Chair Municipal Court Committee, 1997
- National Association of Criminal Defense Lawyers Association - Vice Chair DUI Committee, 2002
- Dean of National College for DUI Defense, 2008
- Fellow - National College for DUI Defense, 2010
- Board of Directors - California DUI Lawyers Association, 2010
Pro bono/Community Service:
- Judge Pro Tempore
Scholarly Lectures and Writings:
- Presentation at Annual Three Day DUI Defense Seminar Sponsored by National Association of Criminal Defense Lawyers/National College For DUI Defense (Las Vegas 2007), Lecturer, •"The Jury Insight Project-A Scientific Investigation Into Juror Attitudes In DUI Cases" , National Association of Criminal Defense Lawyers (October 2007)
- Presentation At California State Bar Annual Convention, Lecturer, •"How To Effectively Present Medical Defenses that Win" , California State Bar Association, San Diego, (Sept. 2009)
- Annual Seminar on Mastering Scientific Evidence (Dallas, March 2008), Lecturer, •"Cross Examination of the People's Expert" , Texas Criminal Defense Attorney's Assn./National College For Dui Defense , 2008
- Comprehensive analysis of the sources of error in the testing of blood in DUI cases, Author, "Challenging the Blood Test for Alcohol", , The Champion: National Association of Criminal Defense Lawyers, 2009
- Two Volume Treatise on DUI law and practice in California. Considered to be "The Bible of DUI Defense", Author/Editor, California Drunk Driving Law, James Publishing, Law, 2010
- Continuing Legal Education Presentation at the Annual California State Bar Convention (September 18,2011 Long Beach, Ca.), Lecturer, "How To Effectively Use Science In DUI Defense", State Bar of California, 2011
Verdicts and Settlements:
- Robertson v. Zolin(1996) 44 Cal.App.4th 147 Established relaxed standards required for drivers to challange license suspensions at the DMV based on improper alcohol testing procedures in DUI cases.
- Baker v. Gourley (2002) 98 Cal.App.4th 1263 - Exposed Orange County's unapproved blood testing program and barred DMV from suspending licenses based on non-scientific subjective symptoms
- Nelson v. City of Irvine , et al. (1998) 143 F.3d 11969th Cir. (Cert. Denied United States Supreme Court) Unlawful seach and seizure to require a DUI arrestee to submit to a blood test when they are willing to give a less invasive breath test., 1998
- Stogner v. California (2003) 539 U.S. 607(Amicus Curiae Counsel) Constitutional challange to the retroactive extension of time barred prosecutions in violation of the Ex Post Facto Clause , 2003
- Illinois v. Lidster (2004) 540 U.S. 419 (Amicus Curiae Counsel) Constitutional challange to DUI Roadblocks before The United States Supreme Court , 2004
- People v. Treadway (2008) 163 Cal.App.4th 689 (Cert. Denied United States Supreme Court 2009) Challanged the extention of the look back period to allege DUI as prior convictions from (7) to (9) years as an unconstitutional ex post facto law, 2009
Video:
- Informational Video On Horizontal Gaze Nystagmus Field Sobriety Tests, Horizontial Gaze Nystagmus Field Test, 2010
- Informational Video on Defenses To The Charge of Driving While Under the Influence of Drugs, DUI Drugs/Prescription Medication, 2010
- Informational Video discussing unique issues for women who are being charged with DUI offense., DUI and Women, 2010
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