BARRY T. SIMONS

Former Dean & Founding Member of the National College for DUI Defense.

Mr. Simons has been a criminal defense lawyer in Orange County for over 40 years. Mr. Simons has presented his cases and lectured at seminars all over the country including the highly specialized intensive program presented by the National College for DUI Defense on subjects including scientific evidence, legal motions, DMV practice and procedure, and the interstate implications of DUI administrative license suspensions.

Over the last several years, Mr. Simons has successfully challenged the Irvine Police Department's practice of compelling blood tests from DUI arrestees in Nelson v. City of Irvine in the 9th Circuit Federal Court of Appeals. This case established for the first time that an arrestee has a constitutional right to choose a breath test and that police cannot compel a blood test from a driver who wants a breath test except under unusual circumstances.

  EDUCATION

• B.S. Government - American University, 1968
• J.D. - New York Law School (Law Review Editor), 1971
• Admitted to Practice in the State of California, 1972
• Admitted to Practice in the United States Supreme Court, 1978
• Admitted to Practice Before all California Federal Courts
• National College For DUI Defense (presented at Harvard Law School), 1996-2007

  PROFESSIONAL ORGANIZATIONS

• 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 ACHIEVEMENTS

• 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

  AREAS OF PRACTICE

• Defense of DUI Cases - DMV Writs & Appeals

  PUBLICATIONS

• Co-Author of " California Drunk Driving Law"
• "Challenging the Blood Test for Alcohol", B. Simons, R. Moore; Champion, National Assn. of Criminal Defense Attorneys (May 2009)

  COUNSEL OF RECORD:

UNITED STATES SUPREME COURT

• Illinois v. Lidster (2004) 540 U.S. 419
  (Amicus Curiae Counsel)
• Stogner v. California (2003) 539 U.S. 607
  (Amicus Curiae Counsel)
• Nelson v. City of Irvine , et al. (1998) 143 F.3d 1196
  9th Cir. (Cert. Denied United States Supreme Court)

CALIFORNIA SUPREME COURT

• Lake v. Reed (1997) 16 Cal.4th 448

CALIFORNIA COURT OF APPEAL

• People v. Treadway (2008) 163 Cal.App.4thh 689 (Cert. Denied United States Supreme Court (2009)
• Hernandez v. Gutierrez (2003) 114 Cal.App.4th 168
• Baker v. Gourley (2002) 98 Cal.App.4th 1263
• Robertson v. Zolin (1996) 4th Dist. (44 Cal.App.4th 147)
• People v. Sandlin (1991) 230 Cal.App.3d 1310
• Triggs v. Superior Court (1973) 8 Cal.3d 884

  RECENT PROFESSIONAL LECTURES:

• "How To Effectively Present Medical Defenses that Win", California State Bar Association, San Diego, (Sept. 2009)
• "Cross Examination of the People's Expert" Mastering Scientific Evidence Dallas (March 2008)
• "The Jury Insight Project-A Scientific Investigation Into Juror Attitudes In DUI Cases" National Association of Criminal Defense Lawyers (October 2007)
• "Techniques for Opening and Closing Arguments" California State Bar Conference-Criminal Law Section (Anaheim, September 2007)
• We The Jury Seminar (March 24, 2007)
• "Handling Administrative Per Se Proceedings: Excessive BAC (.08) & Refusals" Deuce-A-Rama: How to Defend DUI Cases 79^th Annual Meeting of the State Bar of California-Criminal Law Section (Monterey, Oct. 7, 2006)
• "How to Become the Ace of the Deuce" California Attorneys for Criminal Justice Rules of The Road Seminar (September 29, 2006)
• "Latest Law Changes & Sentencing Update" California DUI Lawyers Association ( San Francisco, May 20, 2006)
• "The Defense Perspective" International Assoc. for Chemical Testing ( Anaheim, April 25, 2006)
• "Final Argument" California Attorneys for Criminal Justice (Rancho Mirage, September 24, 2005)
• "Deuce-A-Rama: How to Defend DUI Cases" California State Bar Conference - Criminal Law Section ( San Diego, September 10, 2005)
• "Opening Statements" National College For DUI Defense (Conducted at Harvard Law School, July 2005)
• "Taking on the DMV in 2005" California DUI Lawyers Association (April 2005)
• "Jury Summation According to the Code of the West" California State Bar Conference - Criminal Law Section ( Monterey, October 7, 2004)
• "Breath Testing Challenges to the Alco-Sensor IV" California Attorneys for Criminal Justice ( Palm Springs, September 11, 2004)
• "Using Technology in Closing Arguments" National College for DUI Defense-Breakout Session (Conducted at Harvard Law School, 2004)
• "Persuasive Narrative Techniques for Opening and Closing Arguments" National College for DUI Defense-Breakout Session (Conducted at Harvard Law School, 2004)
• "Bring Your Own File Workshop - Interesting Cases And Creative Solutions" National Association of Criminal Defense Lawyers ( Las Vegas, October 16, 2003)
• "Alco Sensor IV XL Point of Arrest, Title 17 Compliant Breath Testing - The Defense's New Best Friend" California Attorneys for Criminal Justice ( Palm Springs, September 20, 2003)
• "Deuce-A-Rama: Steering Clear in DUI Representations and Practices" California State Bar Conference - Criminal Law Section ( Anaheim, September 6, 2003)
• "Making Mountains Out of Molehills" National College For DUI Defense ( San Antonio, TX, Jan. 24, 2003)
• "Attacking Faulty Science With Creative Motions" California State Bar Conference - Criminal Law Section ( Monterey, Oct. 13, 2002)
• "Cross-Examination of The Arresting Officer Workshop" National Association of Criminal Defense Lawyers ( Las Vegas, Oct. 4, 2002)
• "Dealing With PAS Tests After People v. Williams" California Attorneys For Criminal Justice ( Palm Springs, Sept. 29, 2002)
• "Cross-Examination of the Arresting Officer" Symposium Moderator, National College of DUI Defense ( Boston, Mass. July 24, 2002)
• "21st Century Technology For The Defense of DUI Cases - Use of Computer Animation and Power Point To Get To The Point" South Orange County Bar Assn. (May 14, 2002)
• "Interstate License Issues" National College For DUI Defense (February 15, 2002)
• "Using Technology In Closing Arguments" National Association of Criminal Defense Lawyers ( Las Vegas, 10/4/01)
• "Medical Issues In DUI Cases - Turn Your Client Into A Patient and Win" South Carolina Bar Assn. (Sept. 2001)
• "Science and Innovative Motions for DUI Cases" State Bar of California 2001 Convention (9/8/01)
• "Attacking The Prosecutions Scientific Evidence Through Creative Motions" National College For DUI Defense ( Cambridge, Mass. July 25, 2001)
• "Science And Its Application To DUI Motion Practice" Criminal Law Section of the California State Bar Assn. ( San Francisco, June 23, 2001)
• "How I Would Change The DMV Hearing Process and Why" Department of Motor Vehicles of the State of California - Driver Safety Conference (April 5, 2001) (DMV Hearing Officer Training)
• "Creative Attacks At The DMV - How To Save Your Client's License" West Orange County Bar Assn. (12/5/2000)
• "Medical Issues In DUI Defense - Turn Your Client Into a Patient" Difficult DUI's and Tragic Consequences, National Association of Criminal Defense Lawyers ( Las Vegas, September 21-23, 2000)
• "Fascinating Insights In: Driving Under the Influence and DMV Proceedings By Recognized Experts" State Bar of California Criminal Law Section, 2000 Annual Meeting of the State Bar (September 17, 2000)
• "Forensic Alcohol Supervisors Course" (Instructor) California Criminalists Institute, California Department of Justice (September 14, 2000)
• "Tools For The DUI Law Office" National College For DUI Defense (Conducted at Harvard Law School 7/29/2000)
• "DMV Writs and Appeals An Orange County View" Assn. of California Deuce Defenders ( Los Angeles 3/16/00)
• "Winning Strategies At The DMV" Assn. of California Deuce Defenders (Orange 1/19/00)
• "The Implications of Nelson v City of Irvine" ( Atlanta, 12/10/99)
• "Handcuffing the Prosecution In Closing Argument-Avoiding Prosecutorial Misconduct" National College of DUI Defense ( Kansas City 12/3/99)
• "Writs and Half Wits-Appeals of DMV Hearings, State Bar of California (San Francisco, 1999)
• "Refusals and Medical Twists" National College For DUI Defense (Conducted at Harvard Law School, 1999)
• "Strategies in Handling DUI Cases in California" (San Diego, 1999)
• "Unlicensing the Datamaster in Orange County", South Orange County Bar Association (Laguna Beach, 1999) (4700 Breath Tests Invalidated In Orange County)
• "Multiple Aspects of Driving Under the Influence" The State Bar of California ( Long Beach, 10/2/99)
• "Rules of the Road II: Trial of a DUI Case, Motions: Win It At The Starting Gate" California Attorney's For Criminal Justice ( Los Angeles 9/99)
• "Forensic Alcohol Supervisors Course" (Instructor) Hosted by California Department of Justice And Orange County Sheriff's Forensic Science Services (1998)
• "Pre-Trial Motion Practice in DUI Cases" California Attorney's for Criminal Justice Seminar ( Berkeley, 1998)
• "Motions-What, How to and When" DUI Defense Seminar (Los Angeles, 1998)
• "Interstate Implications of DUI's, National College of DUI Defense ( Boston, 1998)
• "Multiple Aspects of Driving Under the Influences Cases" State Bar of California ( Monterey 1998)
• "Case Scenarios" Mastering Scientific Evidence in DUI/DWI Cases (New Orleans, 1997)

Call (949) 497-1729 for a free consultation.