Richard Essen

Richard Essen graduated from the University of Miami in 1960 before attending the university’s School of Law.  He was quickly admitted to the Florida Bar after receiving his J.D. in 1963, and is a member of the bar of the State of New York and the District of Columbia.  Mr. Essen is also admitted to practice in U.S. District Court Southern District of Florida, U.S. Court of Appeals 2nd Circuit, U.S. Court of Appeals 11th Circuit, and the U.S. Supreme Court.

Mr. Essen is a former Assistant State Attorney in Dade County, Florida, so he understands the law from the prosecutor’s point of view.  He now devotes most of his time preparing litigation in South Florida DUI and DWI cases and teaching DUI defense tactics to thousands of attorneys across the nation.  He is a Regent for the National College for DUI Defense Inc., and has been lead counsel in over 1,000 non-jury and 100 jury trials.

In addition to his extensive experience as a litigator, Mr. Essen has lectured before various Bar Associations, criminal defense lawyer’s associations, and law schools.  He is also the author of numerous articles and works:

  • "The Defense of Drunk Driving Cases: An... Approach", 1986
  • "Defense of Drunk Driving Practice Guide"
  • "Essen's Notebook,", DWI Journal, 1994
  • "Cross-Examination of the Arresting Officer in Drunk Driving Cases," in Cross-Examination: The Litigator's Puzzle, Shepard's/McGraw-Hill, 1990
  • DUI and Other Traffic Offenses, Florida Bar CLE Committee, ed., Chapter 6
  • "Double Jeopardy:...,", DWI Journal, Vol.10, No.7, July, 1995
  • "Jury Selection Techniques" (Co-Author), DWI Journal, Vol.9, No.8, August, 1994
  • "Challenging Low Sample Volume Results on the Intoxilyzer 5000" (Co-Author), DWI Journal, Vol.9, No.4, April, 1994
  • "Cross-Examining the Arresting Officer: Model Questions Regarding Defendant's Driving Pattern" (Co-Author), DWI Journal, Vol.9, No.2, February, 1994
  • "Initial Case Analysis" (Co-Author), DWI Journal, Vol.8, No.12, December, 1993
  • "The Confrontation Clause and the Absent Officer (Co-Author), DWI Journal, Vol.8, No.10, October, 1993
  • "Double Jeopardy: Deja Vu All Over Again?" (Co-Author), DWI Journal, Vol.8, No.2, February, 1993
  • "Ain't That A Shame?", DWI Journal, Vol.9, No.10, October, 1994
  • "Investigation-A Little Used Tool" (Co-Author), DWI Journal, Vol.7, No.10, October, 1992
  • "Obtaining Post-Conviction Relief On Grounds That Counsel Was Ineffective" (Co-Author), DWI Journal, Vol.7, No.7, July, 1992
  • "Grounds for Withdrawal of Plea After Group Advisory of Rights" (Co-Author), DWI Journal, Vol.7, No.5, May, 1992
  • "The Little Engine That Couldn't (A Saga of DWI Cases Involving Non-Moving Vehicles)" (Co-Author), DWI Journal, Vol.7, No.3, March, 1992
  • "Constitutional Speedy Trial" (Co-Author), DWI Journal, Vol.7, No. 1, January, 1992
  • "Extra-Jurisdictional Arrests by Police Officers,", DWI Journal, Vol.6, No.11, November, 1991
  • "Florida Courts May Leave You Breathless" (Co-Author), DWI Journal, Vol.6, No.9, September, 1991
  • "A Road Map of the Terra Incognita of Appellate Practice" (Co-Author), DWI Journal, Vol.6, No.7, July, 1991
  • "The Corpus Delicti Rule: An Old Doctrine May Still Save Your Client" (Co-Author), DWI Journal, Vol.6, No.5, May, 1991
  • "Challenging Florida's New Summary Suspension Statute: A Progress Report" (Co-Author), DWI Journal, Vol.6, No.3, March, 1991
  • "A Modest Proposal to Redefine DUI,", DWI Journal, Vol.5, No.11, November, 1990
  • "May the Jury Make Its Own Law?’Jury Nullification' and the Sympathetic Defendant" (Co-Author), DWI Journal, Vol.5, No.9, September, 1990
  • "DWI Priors and Your Client's Credibility:..." (Co-Author), DWI Journal, Vol.5, No.7, July, 1990
  • "When Can You Comment On Your Opponent's Failure to Call a Witness" (Co-Author), DWI Journal, Vol.5 No.3, March, 1990
  • "Roadside Sobriety Tests: Both Scientific and Unreliable" (Co-Author), DWI Journal, Vol.4, No.11, November, 1989
  • "Challenging the Constitutionality of Open Container Laws,", DWI Journal, Vol.4, No.7, July, 1989
  • "Human Factors Engineering:...", DWI Journal, Vol.4, No.5, May, 1989
  • "Duress and Necessity as Defenses in DWI Cases,", DWI Journal, Vol.4, No.3, March, 1989
  • "DWI is Illegal, Sometimes!", DWI Journal, Vol.4, No.1, January, 1989
  • "A Vehicle by Any Other Name: A Constitutional Attack Upon DWI Statutes,", DWI Journal, Vol.3, No.11, November, 1988
  • "Involuntary Intoxication: A Viable DUI Defense?”, DWI Journal, Vol.3. No.9, September, 1988
  • "When Per Se Statutes Creates Mandatory Rebuttable Presumptions: The Defense Response,", DWI Journal, Vol.3, No.6, June, 1988
  • "The Defendant's Right to Independent Blood Testing: A Right Without a Remedy?", DWI Journal, Vol.3, No.4, April, 1988
  • "Suppressing Videotape Evidence on Fifth Amendment Grounds,", DWI Journal, Vol.3, No.2, February, 1988
  • "Using Weights and Measures Standards...", DWI Journal, Vol.2, No.12, December, 1987
  • "DWI Penalties: An Appeal to Reason,", DWI Journal, Vol.2, No.8, August, 1987
  • "Cross-Examining the Arresting Police Officer: Pattern Questions Eliciting Alternative Reasonable Explanations,", DWI Journal, Vol.2, No.6, June, 1987
  • "Cross-Examining the Arresting Police Officer: Based Upon the Police Report,", DWI Journal, Vol.2, No.10, October, 1987
  • "Blunting the Public Hostility Against Drunk Drivers and Their Attorneys,", DWI Journal, Vol.2, No.4, April, 1987
  • Reliability of Breath Test Results: "Why The Intoxilyzer Isn't Worth a 'Blank' II: Cross-Examination Of The State's Expert,", DWI Journal, Vol.11, No.7, July, 1996

Email: ressen@richardessen.com


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