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Barry Thomas Simons

949-497-1729
Barry Thomas Simons
Law Office of Barry T. Simons
260 St. Ann's Drive
Laguna Beach, CA 92651
www.duilawyerorangecounty.com
Phone: 949-497-1729
California DUI Lawyers Association

California DUI Lawyers Association

Barry Thomas Simons

Specialist Member,
Board of Directors

About Barry Thomas Simons

Barry Simons is a nationally known expert in DUI Defense who has spent the last 40 years fighting for drivers' rights in Orange County's Courts. He is one of the Founding Members of the National College for DUI Defense and is a Fellow and on the Faculty of the College.   He is one of only 5 attorneys in the State of California to hold Board Certification in DUI Defense under the American Bar Ass... read more »

Biography

Barry Simons is a nationally known expert in DUI Defense who has spent the last 40 years fighting for drivers' rights in Orange County's Courts.

He is one of the Founding Members of the National College for DUI Defense and is a Fellow and on the Faculty of the College.  

He is one of only 5 attorneys in the State of California to hold Board Certification in DUI Defense under the American Bar Associations Rules for Attorney Speicalization.   

In 2001, he was selected to serve 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".  

Mr. Barry Simons leads a team of four dedicated lawyers each of whom as attained a 10.0 Rating by AVVO.  Every lawyer in the firm has handled thousands of DUI cases before the DMV and in Courtrooms throughout Southern California.

This team of lawyers has been together for over 15 years. There are no young associates!

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 Irvine in 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 recently co-authored an Amicus Curiae Brief for the United States Supreme Court in the case of Illinois v. Lidster challenging police use of "Roadblocks".

Dean, National College For DUI Defense 2007-2008
Selected as a "Superlawyer" for Southern California 2007-2015

Kuwatch Award Recipient 2012

Board Certified in DUI Defense 

Specialist Member of CDLA

Map & Directions

Contact Information

Barry Thomas Simons
Law Office of Barry T. Simons
260 St. Ann's Drive
Laguna Beach, CA 92651
www.duilawyerorangecounty.com
Phone Numbers:
  • Office: 949-497-1729
  • Fax: 949-497-3971

Practice Areas

Area of Practice % Focus
Criminal Defense50.00%
DUI / DWI / Drunk Driving50.00%

Credentials

Bar Licenses

State Status Year Acquired
California Member in Good Standing 1972

Associations

Position Organization Duration
Specialist Member,
Board of Directors
California DUI Lawyers Association present
Founding Member,
Fellow
National College for DUI Defense present

Specialty Certifications

Certification Specialty Accredited Organization Year
Board Certified Specialist* DUI Defense Law National College for DUI Defense ---

*

Blogs

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OC Crime Lab Audit Reveals Over-Reporting Blood Alcohol Levels

Posted on Friday, November 8th, 2013

Orange County Crime Lab Audit Reveals Over-Reporting Blood Alcohol Levels On November 1, 2013, many of our clients received a letter from the Orange County District Attorney’s Office indicating ... [read more]

What To Say To Police After Being Stopped For DUI

Posted on Thursday, July 4th, 2013

Almost every American has heard of the Miranda warnings. Most understand Miranda to mean that you have an absolute right to remain silent when questioned by the police. This had been an absolute truis... [read more]

DUI Checkpoints and DUI Task Force for 4th of July Weekend 2013

Posted on Wednesday, July 3rd, 2013

Orange County residents who are celebrating the 4th of July or simply enjoying the long weekend should be aware that there will be a “Drive Sober or Get Pulled Over enforement crackdown in Orang... [read more]

U.S. Supreme Court Limits Use of Warrantless Blood Draws In DUI Cases

Posted on Sunday, April 21st, 2013

As predicted in our prior blogs, the United States Supreme Court refused to follow the government’s position that exigent circumstances exits to justify the warrantless extraction of blood from ... [read more]

Missouri v McNeely May Change California’s Warrantless Forced Blood Draw Rule

Posted on Friday, March 29th, 2013

Under current California law a police officer does not have to obtain a search warrant to obtain a driver’s blood in a DUI case if the driver does not consent to a chemical test of his breath or... [read more]

St. Patrick’s Day Orange County DUI Checkpoints

Posted on Sunday, March 17th, 2013

Well, it’s that time of year again: St. Patrick’s Day, and this time it occurs on a weekend, which means Orange County Law Enforcement agencies were setting up DUI checkpoints and Roving D... [read more]