1. Use it or lose it

2. Know the Rules  T.R.Cr.P. 5.1  Evidence- hearsay not allowed ( except proof of ownership or expert reports)  Defense right to cross examine and put on proof  A record of the hearing (if recording is lost right to another hearing)  If P.C. found transfer records to criminal court

3. Probable Cause Not Discovery  Preliminary Hearing is not a “fishing expedition”  Discovery is a byproduct of the P.H.  The scope of the proceeding is under control of the judge and in there discretion.  The judge may terminate the hearing at any time once P.C. has been established and the accused a chance to cross examine the states witnesses.

4. Have Direction and A Plan  Prepare for your P.H. like you would a trial  Know what your defenses are and what you need  Be prepared  Visit the scene of the incident  Photograph and Video the scene  Interview all the witnesses

5. Know the Law and Facts  Prepare for everything (the DA will not)  All questions go to negate P.C.  Any proof you have negates P.C.  Know what you need to get from all the witnesses  When in doubt subpoena your own witnesses (do not rely on the state)

6. Topics for the DUI P.H.  Start with the stop-where did you first see my client, how long, alleged violation.  Stopping and exit sequence- How client responded to light, exit car, get license.  Walk to area for SFST- lighting grade (pictures)  SFST- officer training, instructions, scoring, video  Chemical testing- blood or breath, nurse or BAT tech, time of stop to test

7. Chemical Testing  Always negating P.C. (not discovery) know the science  Question the breath tech on time, science, machine reliability, certification  Blood Tech- the draw, the kit  Toxicologist- gas chromatography, graphs, samples ect.

8. Defense Witnesses  Do you want to call a witness  What will you get out of it  Will you tip your hat to the government  Will you set up your fact witnesses  Will the Government witness be able to recant  Will this negate P.C.

9. Putting on Proof  Fact witness generally no  Scientific witness yes  Get your client out of jail yes  Client on bond maybe  Will the state still indict?  New Bond

10. New Reason for P.H. and Motions in General Sessions  January 1, 2011-change in TN law as to license suspension and Implied Consent;  General Session Judge will decide loss of license on tests and implied consent;  Must be able to negate the proof in Sessions- motions and suppression of evidence.  File the motions and have witnesses to negate proof and P.C. as to tests and I.C.

11. Thank You! Edward S. Ryan May & Ryan, PLC 219 Second Ave. North Suite 300 Nashville, TN 37201 (615)256-7337 edryan@mayryan.com