In Memory of Richard J Essen (1939 - Nov 29, 2009)
Richard Essen was a graduate of the University of Miami and its Law School. He was admitted to the Florida
Bar in 1963 and was admitted to practice in the District of Columbia and New York.
He was also admitted to practice before the United States Supreme Court, the Second, Eleventh, and District
of Columbia Courts of Appeals and the U.S. District Court for the Southern District of Florida.
He lectured extensively before various Bar associations, law schools and criminal defense lawyers'
Mr. Essen authored and was subject of a video program, "The Defense
of Drunk Driving
Cases: An... Approach". He authored "Defense of Drunk Driving Practice Guide".
Mr. Essen wrote a bi-monthly column, "Essen's Notebook," for the DWI Journal since 1987, and was also on the Editorial Board of that national publication. He was the author of "Cross-Examination of the Arresting Officer in Drunk Driving Cases," in Cross-Examination: The Litigator's Puzzle, Shepard's/McGraw-Hill, 1990 (Aron, Duffy, and Rosner, eds.); DUI and Other Traffic Offenses, Chapter 6, Florida Bar CLE Committee, ed.; "Double Jeopardy:...," Vol.10, No.7 DWI Journal, July 1995; "Jury Selection Techniques" (co-author), Vol.9, No.8 DWI Journal, August 1994; "Challenging Low Sample Volume Results on the Intoxilyzer 5000" (co-author), Vol.9, No.4 DWI Journal, April 1994; "Cross-Examining the Arresting Officer: Model Questions Regarding Defendant's Driving Pattern" (co-author), Vol.9, No.2 DWI Journal, February 1994: "Initial Case Analysis" (co-author), Vol.8, No.12 DWI Journal, December 1993; "The Confrontation Clause and the Absent Officer (co-author), Vol.8, No.10 DWI Journal, October 1993; "Double Jeopardy: Deja Vu All Over Again?" (co-author), Vol.8, No.2 DWI Journal, February 1993; "Ain't That A Shame?" Vol.9, No.10 DWI Journal, October 1994; "Investigation-A Little Used Tool" (co-author), Vol.7, No.10 DWI Journal, October 1992; "Obtaining Post-Conviction Relief On Grounds That Counsel Was Ineffective" (co-author), Vol.7, No.7 DWI Journal, July 1992, "Grounds for Withdrawal of Plea After Group Advisory of Rights" (co-author), Vol.7, No.5 DWI Journal, May 1992, "The Little Engine That Couldn't (A Saga of DWI Cases Involving Non-Moving Vehicles)" (co-author), Vol.7, No.3 DWI Journal, March 1992; "Constitutional Speedy Trial" (co-author), Vol.7, No. 1 DWI Journal, January 1992; "Extra-Jurisdictional Arrests by Police Officers," Vol.6, No.11 DWI Journal, November 1991; "Florida Courts May Leave You Breathless" (co-author), Vol.6, No.9 DWI Journal, September 1991; "A Road Map of the Terra Incognita of Appellate Practice" (co-author), Vol.6, No.7 DWI Journal, July 1991; "The Corpus Delicti Rule: An Old Doctrine May Still Save Your Client" (co-author), Vol.6, No.5 DWI Journal, May 1991; "Challenging Florida's New Summary Suspension Statute: A Progress Report" (co-author), Vol.6, No.3 DWI Journal, March 1991; "A Modest Proposal to Redefine DUI," Vol.5, No.11 DWI Journal, November 1990; "May the Jury Make Its Own Law? 'Jury Nullification' and the Sympathetic Defendant" (co-author), Vol.5, No.9 DWI Journal, September 1990; "DWI Priors and Your Client's Credibility:..." (co-author), Vol.5, No.7 DWI Journal, July 1990; "When Can You Comment On Your Opponent's Failure to Call a Witness" (co-author), Vol.5 No.3 DWI Journal, March 1990; "Roadside Sobriety Tests: Both Scientific and Unreliable" (co-author), Vol.4, No.11 DWI Journal, November 1989: "Challenging the Constitutionality of Open Container Laws," Vol.4, No.7 DWI Journal, July 1989; "Human Factors Engineering:..." Vol.4, No.5 DWI Journal, May 1989; "Duress and Necessity as Defenses in DWI Cases," Vol.4, No.3 DWI Journal, March 1989; "DWI is Illegal, Sometimes!" Vol.4, No.1 DWI Journal, January 1989; "A Vehicle by Any Other Name: A Constitutional Attack Upon DWI Statutes," Vol.3, No.11 DWI Journal, November 1988; "Involuntary Intoxication: A Viable DUI Defense?" Vol.3. No.9 DWI Journal, September 1988; "When Per Se Statutes Creates Mandatory Rebuttable Presumptions: The Defense Response," Vol.3, No.6 DWI Journal, June 1988; "The Defendant's Right to Independent Blood Testing: A Right Without a Remedy?" Vol.3, No.4 DWI Journal, April 1988;" Suppressing Videotape Evidence on Fifth Amendment Grounds," Vol.3, No.2 DWI Journal, February 1988; "Using Weights and Measures Standards..." Vol.2, No.12 DWI Journal, December 1987; "DWI Penalties: An Appeal to Reason," Vol.2, No.8 DWI Journal, August 1987; "Cross-Examining the Arresting Police Officer: Pattern Questions Eliciting Alternative Reasonable Explanations," Vol.2, No.6 DWI Journal, June 1987; "Cross-Examining the Arresting Police Officer: Based Upon the Police Report," Vol.2, No.10 DWI Journal, October 1987; "Blunting the Public Hostility Against Drunk Drivers and Their Attorneys," Vol.2, No.4 DWI Journal, April 1987. Mr. Essen also authored the following article which questions the reliability of breath test results: "Why The Intoxilyzer Isn't Worth a 'Blank' II: Cross-Examination Of The State's Expert," Vol.11, No.7 DWI Journal, July 1996.
Mr. Essen served as an Assistant State Attorney in Dade County, Florida, in addition to his own practice,
and taught DUI defense tactics
and techniques to thousands of attorneys throughout the country. A Regent for the National College for DUI
Defense Inc., Mr. Essen was lead counsel in at least 1,000 non-jury trials and 100 jury trials.
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