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Home / Author Archives: Barry Simons

Author Archives: Barry Simons

Barry is a nationally known expert in DUI Defense who has spent over 40 years fighting for drivers' rights in Southern California 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.

Firm: Law Offices of Barry T. Simons

Areas of Practice: DUI Law, Criminal Defense Law

Address: Lawyers Court 260 St. Anns Drive Laguna Beach, CA 92651

Phone: (949) 497-1729

Fax: (949) 497-3971

Undergraduate: B.S. Government – American University, 1968

Law School: J.D. – New York Law School (Law Review Editor), 1971

Professional Affiliations: -Dean – National College For DUI Defense (2007-2008) -Founding Member of National College For DUI Defense -Fellow – National College For DUI Defense, Current -Instructor – National College For DUI Defense, 1998-2010 (presented at Harvard Law School) -California DUI Lawyers Association (formerly known as Assn. of California Deuce Defenders) – -Board of Directors, Specialist Member National Association of Criminal Defense Lawyers – Vice Chairman DUI Committee, 2001-2002 -California Attorneys for Criminal Justice – -Former Co-Chair – Municipal Court Committee, 1995-1997 -Bd. of Directors South Orange County Bar Association -Former President – South Orange County Bar Association -Former Director – Orange County Bar Association -Former Director – Orange County Harbor Bar Association

Professional Accomplishments: -Board Certified as National Expert in DUI Defense (1 of only 5 in CA) by the National College For DUI Defense, 2000 (NCDD Certification Program is approved by the American Bar Association) -Inclusion in the 2005-2010 Editions of the Bar Register of Preeminent Lawyers – Martindale-Hubbell (Only 5% of U.S. Law Firms qualify for listing) -American Jurisprudence Award – Criminal Law -American Jurisprudence Award – Constitutional Law -Who’s Who in California -Who’s Who in American Law -A/V Rated – Martindale Hubbell (Highest Rating for Competence and Ethics) -Selected as Southern California DUI Superlawyer 2010, 2011 -AVVO Rated 10/10 -OC Metro Top DUI Lawyer 2010 -Judge Pro Tempore

Professional Experience: -Admitted to Practice in the United States Supreme Court, 1978 -Admitted to Practice Before all California Federal Courts

Additional Education: National College For DUI Defense (presented at Harvard Law School), 1996-2007

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California Highway Patrol Will Stop Forced Blood Draws In Wake Of Missouri v. McNeely

In Missouri v. McNeely, the United States Supreme Court rejected the government’s argument that the possible dissipation of alcohol in a DUI suspect’s blood  will always create an exigent circumstance justifying a warrantless blood draw.  In an 8-1 decision, the Court held that the 1966 decision Schmerber v. California did not establish a per se exception to the requirement of a search warrant to forcibly extract blood from an unwilling DUI subject.  The Court ruled that while the dissipation of ... Read More »

California Gets Tough on Nurse DUI Laws

Nurse DUI Laws in California It used to be the case that nurses would not run into a problem with the California Board of Registered Nursing for a first offense DUI conviction. At most, the nurse might be asked to submit a copy of the police report and explain what he or she is doing to avoid any future problems with the law. Although this remains generally the case, formal disciplinary action may be instituted by the Attorney General where ... Read More »

California DMV Study – How To Obtain More DUI Conviction

The California Department of Motor Vehicles recently published the resultsof its six year study on DUI conviction rates throughout the State of Californiaentitled: AN EVALUATION OF FACTORS ASSOCIATED WITH VARIATION IN DUI CONVICTION RATES AMONG CALIFORNIA COUNTIES, December 2011. The study’s recommendations focus on ways to achieve more convictions; reduce the rate of negotiated reduction of charges; obtain faster convictions; and prosecute more prescription medication cases. The study concluded with the following recommendations: 1. Reduce the number of delays and ... Read More »