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 and includes in-house forensic scientist, Ronald Moore, the former Orange County Crime Lab Supervisor, who is factory certified on the Alco-Sensor IV-XL, the breath test device used in Orange County.
Barry is a nationally known expert in DUI Defense who has spent over 35 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 selected a Superlawyer in DUI Defense for Southern California and 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 Irvinein 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. Lidsterchallenging 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.
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