The Law Office of Hoot Crawford, P.A.
A Law Firm Proudly Providing Legal Services to Citizens in Panama City, Bay County, Florida and the surrounding Counties in the legal areas of Criminal Defense, Family Law, Civil Litigation, and DUI.

 
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DUI Faqs

The most urgent priority is learning where you stand:

  • What are the strengths and weaknesses of your case?
  • Can the charge of DUI be reduced to reckless driving?
  • How does the refusal of a breath test or the results of the breath test affect your case?
  • Can you get a work permit to drive if you are convicted?
  • Is all the evidence against you admissible in Court?
  • Can you avoid a criminal record?

You have several options to possibly resolve your case: Dismissal of the charge; reductions to lesser charges; motions to suppress evidence; plea bargains; diversion programs; jury trial.

  DUI FAQs

Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence.  A conviction on DUI / DWI charges will result in fines, driver's license suspension or revocation, and possibly land you in jail.  In addition, your insurance company may increase your rates to an unmanageable level.  In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers.  An experienced attorney can make all the difference in such a difficult case.

When arrested for a DUI, your license will be suspended and your ticket may serve as a temporary permit for ten days.  You only have ten days to request a hearing to invalidate the suspension.  If you contact my firm, at no cost to you and regardless of your choice of attorneys, my staff will assist you with the necessary paperwork to preserve your rights to a Driver's License Hearing.

THE 20 MOST ASKED DUI QUESTIONS

1. When can I speak to one of your attorneys?

Response: Except in emergency situations (e.g. a person in jail), our attorneys generally will not be the first person that you reach. Our highly trained staff members can answer almost all questions. If an immediate need exists, we will make every effort to let you talk to an attorney when you call in. Almost every day, our attorneys are in court or involved with previously scheduled client interviews.

Every person charged with a crime who calls and sets an appointment will get to talk to one of our attorneys free of charge for the initial consultation. It is expected that you appear on time and bring ALL of your paperwork with you. When you come in for your free consultation, you will be told the favorable and unfavorable aspects of your case and how we would approach handling your case, based on the knowledge we have in front of us at the time of the consultation. Over the course of the case the information available may change and we will advise you and provide you a copy of any new information we receive during the case, should you retain our services.. This will allow you to evaluate your options, so that you may make decisions about how you want to proceed with your case. You are not obligated to hire one of our attorneys merely because you have a free, initial appointment.

2. How long does a DUI conviction stay on my record?

Response: In Florida, a DUI conviction stays on your record effectively for life. Most other states have similar laws. A DUI in Florida is not always a misdemeanor, if you have the 3rd DUI charged and your last DUI is within the past ten years you may be charged with a felony, or if this DUI is your 4th or greater DUI you may be charged with a felony. Additionally, drivers with multiple, serious, driving convictions are declared “habitual traffic offenders.” A person driving after being declared a habitual traffic offender commits a felony merely by driving, unless they have obtained a valid business purpose license from the Department of Motor Vehicles.

Click Here to see a list of DUI Experts

A conviction can result in possible denial of job opportunities or restrictions on credit because the conviction is a public record and is typically retrieved by credit reporting agencies. In addition, a conviction can cause an increase in premiums or cancellation of your auto insurance. In the last 10 years, many rental car companies have begun denying rental privileges to a person with a DUI conviction for as long as six (6) years after a DUI conviction. Some countries even restrict or prohibit travel by persons with a DUI conviction (e.g. Canada). All of these reasons explain why we fight for a non-DUI disposition to your case, or for an outright acquittal.

3. What is a “nolo” plea?

Response: A "nolo contendere" (no contest) plea is of little or no use. In earlier years, a “nolo” plea could save a person’s driver’s license, so many people opted to seek this plea. The primary benefit to a driver now, would be to possibly limit use of the plea in a civil suit (if an accident with liability for damages or injuries has occurred).

Today a “nolo” plea does NOT save your driver’s license. The judge does not have to accept a "nolo" plea in any case. If a judge does accept it, you will still have stiff fines, perform community service, and possibly serve some jail time. The license suspension is the same as if a “guilty” plea was entered. Hence, many people opt for trial, seeking to win the case.

Even when it is used, a “nolo” plea counts as a prior conviction so that any future DUI arrests would be negatively impacted by more punishment than if a person had no prior history at all.

4 If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Florida?

Response: Yes, DUI/DWI convictions from other states usually show up in a computer search conducted by the prosecutor, or the State may have already notified the Department of Motor Vehicles of your DUI and it already appears on you Florida record.. However, convictions from other states do not show up on every occasion. As a result of several national collaborations, states now share driver information. The power of the computer makes instant information of your prior driving history readily available. When we go into court on your behalf, we do not "volunteer" information about prior convictions. However, we must know your full record and be prepared to address this issue if the prosecutor presents it to the court.

5. Why is the questionnaire so long, and what if I can’t remember everything?

Response: The information is requested so we may prepare the best defense possible after having analyzed your responses to the questions. Your answers are never shared with any other person or entity without your express permission. Each detail that you give is necessary for: 1) assessing the strengths of your case; 2) obtaining a “baseline” for what facts you recall from the arrest (so that we can evaluate any problem areas); 3) preparing for possible negotiations with the prosecutor; and 4) in possible jury selection, using facts about you or your past to help us select the jurors who would be best suited to hear your case.

6. How will my case be handled by your firm?

Response: When we receive the questionnaires and discovery from the State we review them to determine the possible defenses and motions that might be presented in your case. Hoot will review every questionnaire personally and will personally review each discovery document in each case. After all his name is on the firm and he takes great pride in his firm providing the very best defense possible to all of your charges. Hoot cannot represent every one all the time but he has hand picked associate attorney(s) and staff to assist him during the many twists and turns that DUI cases may take from start to finish. Hoot will identify trial strategies and try to uncover favorable information. Hoot makes, and then attaches notes to each file, so his recommendations can be considered and implemented later. Hoot also takes into account how many alcohol-related or drug-related offenses you have had in your lifetime. Lastly, we look to see if there are any extenuating circumstances that would require any special defense to be asserted or if an expert will be needed to present your best defense. Considering the information provided, we can make a knowledgeable defense strategy and present your case to the jury should a trial be necessary.

7. How will a DUI arrest affect me if I’m licensed from out-of-state?

Response: Florida cannot suspend an out-of-state license; only your home state can suspend your license. Florida can only suspend your privilege to drive in Florida. A refusal to submit to an officer’s request for a breath, blood or urine test, MAY result in a suspension of driving privileges in Florida (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for processing a notification of a refusal report vary in each state. Florida is obligated to send such notice to your licensing state. Some states take no adverse action against the license in the non-resident driver’s home state for a “refusal” to be tested; for an over the limit blow; or a blood urine test that tests positive for drugs/over the limit alcohol in Florida.

8. The officer took my license. When can I get it back?

Response: Florida law permits an officer to confiscate the license of any motorist who the officer has probable cause to believe is under the influence of drugs or alcohol. In order to avoid a possible “false swearing” charge; do not just apply for a new license (especially in Florida), because you can create even more problems for yourself. At your free consultation, ask us about how and when you may seek to have your license returned, or how you can get a business purpose license from the Department of Motor Vehicles, so that you can have your plastic license while awaiting trial.

9. Do I need a lawyer?

Response: Every person can represent himself or herself in court. Because DUI is such a serious matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom, and your future employment options may hang in the balance. The choice is yours. We advise taking advantage of our free consultation to see whether you want to hire an attorney.

Any person facing a second (or more) DUI in less than five (5) years (measuring from date-of-conviction to date-of-arrest) SHOULD always utilize an attorney capable of taking the case to trial. The new punishments for repeat offenders are serious and possibly life-changing. Winning (or trying to win) may be the only answer.

10. What is the "10 day" rule? And how is it applicable to administrative license suspension matters?

Response: In Florida, if you either refused to submit to a breath or blood test, or if you submitted and had a result of 0.08 grams or more, (0.02 for those under 21 and 0.04 for anyone driving a commercial vehicle), the state will attempt to suspend your license or privilege to drive for six months up to five years. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a request for a formal (recommended) or informal (rarely advisable) review within 10 calendar days after the date of arrest or having your license taken by the officer.

Filing a request for hearing for a first offense permits you to receive a temporary license (if you were not suspended at the time of the DUI) for a period of 30 or so days. For first offenders test, we can at least obtain a “work permit.” By properly and timely filing the appeal, limited-driving privileges will be granted (in most cases) until you have had a chance to have a hearing with a Department Hearing Officer. There will not be a jury. This is an additional administrative proceeding that we handle for you for the fee you pay us. At a minimum if you are in our office within ten calendar days of your arrest we will assist you in requesting a hearing and obtaining a business purpose license.

No decision will be announced at the administrative hearing. However, you will be sent a decision in the mail within a few days after the hearing. The hearing is needed to determine if you will be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Florida prior to your trial. If a hearing occurs, and the officer is subpoenaed, it offers us a great opportunity to cross-examine the officer under oath about the facts of your case. This hearing can result in securing valuable information that may be useful in the criminal case, which will occur later..

11. Why should I hire an attorney in your firm?

Response: Hoot has been a member of the National College of DUI Defense (NCDD) since 2000 and has attended many of the advanced seminars sponsored by the NCDD www.NCDD.com . Additionally, Hoot is a lifetime member of Florida Association of Criminal Defense Lawyers www.FACDL.org and has attended many of the seminars sponsored by FACDL for DUI and criminal law since 1999. Hoot is the only attorney in North Florida who owns the Intoxilyzer 5000 and 8000, and who has taught other attorneys about both machines to raise the level of competence of the attorneys in representing their clients accused of DUI. Hoot has taught other attorneys about various aspects of DUI defense in Oklahoma, Arizona, Kansas, Mississippi, Louisiana, and Florida. Hoot’s and his associates use their skills to challenge every aspect of a DUI arrest. In addition, Hoot belongs to several groups formed on a national and statewide network of other DUI practitioners in order to exchange and share information about new DUI laws, national and local trends in the law, and trial tactics. In short, through total dedication of our efforts in knowing and advancing DUI law and defense, we strive to give our clients the best representation possible.

12. Why am I receiving letters from attorneys seeking to represent me?

Response: The United States Supreme Court has ruled that “commercial free speech” is protected under the First Amendment to the United States Constitution. Your arrest information is a public record and is available to any person asking for it. Our firm requests the information and sends a brochure to most people arrested in Bay County. Our brochure is approved by the Florida Bar. Absent a letter from an attorney advising people of the ten day window (see above) some people would never find out how to file for a formal review and receive a business purpose license. Most clients receive a barrage of mass mailings and it becomes difficult for a person to decide who they should hire to represent them. If you call our office we will schedule a time where you can come and talk to Hoot or one of his associates about your case and you under no obligation to hire Hoot or one of his associates and you will not be charged for an initial consultation with Hoot or one of his associates. The attorney you hire should impress you with his knowledge and professionalism and you should be comfortable discussing your case and concerns with the attorney. If you are not comfortable when you meet with the attorney it is not likely that the relationship will improve once you write the check to retain the attorney. Many of our clients are offended by this barrage of solicitations, especially since the majority of letters focus on pleading guilty -- a resolution which we rarely consider until all other viable options are explored.

13. If I am convicted, what is the worst thing that can happen to me?

Response: It depends on your situation and the facts of your case. At a minimum if convicted of DUI, you will have to pay a fine, perform community service hours, have your car impounded, be placed on probation, attend DUI school and counseling (if recomended) Beyond these “guidelines,” we have to evaluate your case based upon the facts, the prosecutor, your record, and the propensity of the judge in his/her sentencing for DUI cases. We will explain in more detail at your free consultation.

14. Will I get a harsher sentence if I fight the case than if I plead guilty?

Response: Not always, but a sentence depends on many factors. Rest assured, we will advise you about this matter when you have your free interview. This question is one that is case-specific and judge-specific. Some judges may punish a person more after a jury trial, but not a bench trial (a trial in front of the judge only). You have the option of whether to seek a bench trial or jury trial, so we can control this to a certain extent. Your case may have a fantastic legal issue that needs to be appealed to a higher court, and this may require some sort of trial to be able to obtain the right of appeal. Be sure to discuss any concerns you may have about these issues at your free consultation.

15. Do I need to see an alcohol (or drug) counselor?

Response: Maybe. We always encourage anyone facing alcohol-related or drug-related offenses to get an ASSESSMENT for any potential problem that may exist. If this offense is not your first alcohol-related offense, our free consultation with you will likely result in a recommendation that a private assessment be conducted. There are many reasons that this is a wise thing to do, not the least of which is correcting a costly and potentially dangerous health problem. We’ll discuss how this assessment (and treatment, if recommended by your counselor) can be a “silver lining” for even a very bad case. We have a list of reputable counselors if you need names, locations and phone numbers.

16. Should I go to driving school or DUI school now?

Response: No. Wait until we meet with you. Many important issues relating to attending risk reduction schools will be explained at your free interview. Moreover, many “quirks” exist about attending the classes, and we’ll try to give you guidance on this matter.

17. If I fight the case and lose, do I get any money refunded on legal fees?

Response: No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Georgia prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No. An attorney (like a surgeon) is compensated for his/her time, knowledge, expertise and legal acumen. That is our “product.” In addition, we set a “fixed” fee -- not hourly -- so you will know how much you will pay for legal services.

18. Beyond legal fees, what other costs or expenses will I have in this case if I fight it?

Response: Disregarding fines, there are always a few costs in the typical DUI case. We always use court reporters in all court proceedings. Otherwise, you could never appeal a judge’s erroneous rulings or trial errors. You pay these costs. We also use “process servers” and couriers to hand-deliver subpoenas, pleadings, and other important documents. We do this so that we can prove to a judge the time, place and person, receiving these items if a challenge to “service” is ever made. Judges can be very unforgiving if an important witness fails to show up with subpoenaed documents, and we cannot prove that the witness was personally served in accordance with Florida’s subpoena law.

In addition, some cases will require the services of other professionals. A case may need an investigator, an accident re-constructionist, an expert on breath or blood testing or similar non-lawyer assistance. We advise you in advance of these proposed major costs before obligating you to pay.

19. Do we have any control over which judge or prosecutor I get for my case?

Response: As a general rule, no. Computer assignment or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it.

20. Are my chances of a favorable disposition without trial diminished since Hoot and his firm are so well known?

Response: Not that we can tell, based upon our results and the results that we see other attorneys obtain. We strive to project an image of being fully prepared whenever we come to court, and we want every prosecutor, judge and police officer to know that. We don’t “attack” police officers unless there is a good cause to do so, yet we thoroughly cross-examine them about every important aspect of an arrest. Many times, the very fact that the prosecutor knows we are present in court to fight “from every fence post or tree” helps us get “deals” that some other attorneys might not be offered. We want the prosecutors, police officers and the courts to know that we are “ready,” and will represent our client to the fullest extent permitted by law.

Expert Witnesses for DUI Cases (Courtesy of William C. Head)
  1. Mary McMurray.  Blue Mounds, WI. Chemistry degree.  Previously worked for Wisconsin State Patrol on Intoxilyzer 5000 as instructor and maintenance tech.  Extensive experience with BAC Datamaster, Intoximeter EC-IR and Draeger 7410 & 7110.  Expert on preliminary breath testing devices.  Expert on software applications for breath instruments.  Also former SFST instructor in 1980s and early 1990s.   Mary’se-mail: ethosinc@aol.comand home phone: 608-437-5344; cell: 608-772-1055.
  2. Jay Zager of Ft. Lauderdale, FL.  Ex-cop in Broward County.  Medical retirement after 15 years.  CMI factory trained on BOTH the Intoxilyzer 8000 and 5000.  Repair technician approved by factory.  Also, NHTSA SFST Instructor.  E-mail: JayHZager@aol.com.  Phone: (954) 709-0033; FAX (954) 752-9788.
  3. Robert (Bob) LaPier, (208) 754-4632, (800) 257-4643, SFST Instructor.  Ex-cop who has trained thousands of cops on SFSTs.  DRE instructor.  Accident reconstruction.  Intoxilyzer 5000 maintenance and instructor certified. www.LaPier.com.
  4. Steve Rubenzer, Houston, TX; steverubenzer@sbcglobal.net; website is www.SteveRubenzerPhD.com; 11914 Astoria, Suite 490, Houston, TX 77089; Ph: 281-481-5715, Fax: 281-922-5903.  Bachelors of Science, Psychology, University of Wisconsin, Oshkosh, 1981; Master of Science, Clinical Psychology, University of Houston, 1984; Doctor of Philosophy, Clinical Psychology, University of Houston, 1990; Licensed Psychologist in Texas since 1992.  SFST Instructor.  ABPP Diplomate in Forensic Psychology (one of 220 in USA), American Board of Professional Psychology.
  5. Walden, Platt & Associates – Bryan, TX - Two Master Police Trainers (Troy Walden and Lance Platt) with Ph.D. degrees; retired from police work as NHTSA & IACP DRE and SFST trainers of the trainers; also handle in-depth police investigation and analysis of DUI/DWI case files and are available for testimony in court proceedings.  www.waldenplatt.com.  (979) 822-3060; fax: (979) 822-3061.  troy@waldenplatt.com or lance@waldenplatt.com.  Supervise SFST Student and Instructor Courses across the USA.
  6. Bob Awtrey – LaGrange, Georgia; Accident Reconstruction Specialist, 706-645-1643 or 706-773-5250 [cell]; 706-663-4081 [fax]; 706-663-4018 [home] (former mathematics teacher and then 20 years with Georgia state patrol; taught reconstruction for Georgia officers in statewide program).  Website address: www.southeasternsafetyassociates.com; E-mail: bawtrey@bellsouth.net.
  7. Stefan Rose, MD, Physician trained in General Psychiatry, Clinical Pathology and Forensic Toxicology, 10130 Northlake Blvd., Suite 214, #300, West Palm Beach, FL 33412, 561-795-4452, fax 561-795-4768, pager 800-555-6449; toxdoc1@bellsouth.net; expertise in drugs, especially cocaine, plus expert on Intoxilyzer 5000, drug dog expert.
  8. David Stafford, Ph.D. Memphis, TN; Toxicologist (formerly with University of Tennessee Medical School over 30 years, now retired); Breath, Blood, Urine, SFST.  Drugs, alcohol, arson investigation.  Call at home 901-726-4876.
  9. Pat Demers, Retired Pharmacist and Masters in Forensic Science.  Formerly ran crime lab in Massachusetts.  Currently resides in Maine.  Phone 207-636-2908; Cell  207-459-0981; E-mail  pmdemers@earthlink.net; 124 10th Street, Acton, ME 04001 (207) 636-7840.
  10. Rick Swope – Davie, FL- SFSTs, Accident Reconstruction, Engineer - 8211 SW 28 Street, Davie, FL 33328 Office: (954) 476-7640; Fax: 954-476-9224 .  Masters Degree, Engineering; ex-cop and ex-DUI task force officer.  SFST Master Instructor.  swprcn@aol.comwww.swoperecon.com.
  11. Edward F. Fitzgerald, JD, Mesa, AZ; wrote book on Intoxication Test Evidence, 480-699-9334; 480-688-0831, general information on breath test principles and blood/urine testing. E-mail at: ed@edwardffitzgerald.comwww.edwardffitzgerald.com.
  12. Dr. Michael Hlastala, Ph.D., breath testing device expert, Professor of Lung Physiology and Biophysics and of Medicine, Seattle, Washington,  (206) 543-3166; fax: (206) 685-8673; voice message (206)-685-8436; mphlastala@comcast.net; home: (425) 742-7811 (425) 280-7319 (cell).  Practicing since 1969, with over 350 published articles or books.  www.mphlastala.com.
  13. Dr. James Woodford, Ph.D., Chemistry, Chattanooga, TN; jameswoodford@comcast.net or woodford@mindspring.com, 423-821-1146 or 423-432-2606 (cell); breath, blood, urine, drugs or alcohol. Also, attended my first SFST student course in 1994.  http://www.mindspring.com/~woodford.
  14. Harvey Cohen, Ph.D, C.I.H., Cambridge Technical Associates, PO Box 920113, Needham, MA 02492, (781) 449-4335, fax# (781) 449-1539, Co-Author of Harvey M. Cohen & Joseph B. Green, APPREHENDING AND PROSECUTING THE DRUNK DRIVER  (Matthew Bender 2002). harveycohen@alum.mit.edu.
  15. Dr. Robert Middleberg, Pharm. D., Ph.D., 3701 Welsh Road, Willow Grove, PA, 215-657-4900; fax: 215-657-2972. Intoxilyzer 5000; pharmacology issues, toxicology. He currently directs the Forensic Toxicology unit of National Medical Services, as well as serving as a laboratory director.  He previously served as the Director of Expert Services for NMS, and coordinated medico-legal issues for courts, attorneys, etc.
  16. Charles E. Smith, DUI Consultant, Ex-cop (23 years) with Factory Maintenance and Repair Training by CMI (40 hours); over 30 years of O-T-J training; SFST Instructor; DRE Instructor; plus has been court qualified to do retrograde work as a toxicologist in Florida (from job training, not educational degrees).  SFST Instructor Training in 1983, plus has taught DRE course; 772-286-5761 & 772-286-6732 (fax); duiexpt@bellsouth.net.
  17. Francis Gengo, Pharm.D, Ph.D., Pharmacology; Toxicology; 64 Dan Troy Dr., Williamsville, NY 14221-3550, (716) 634-0915. See web information at http://www.dentinstitute.com/document_26_4.html. Dr. Gengo currently serves as an Associate Professor of Pharmacy and Neurology and a Clinical Assistant Professor of Neurosurgery at the SUNYAB School of Medicine.
  18. Steven W. Rickard, Accident Reconstruction Expert & Animation of Accidents, Prior PA State Trooper with over 30 years total experience; 1644 Whitley Drive, Harrisburg, PA 17111, (717) 540-3451 or 3457.
  19. William C. Fischer, Endicott, NY, 607-785-5766; fax: 607-748-8404, Accident Reconstruction and Vehicle Fault Expert.
  20. David Sweeney, Conway, SC; Pharmacokinetics, Pharmacology, Infrared Breath Testing (BAC Datamaster and basic issues for Intoxilyzer 5000); effects of EITHER alcohol or drugs-- prescribed and non-prescribed (contraband) – 843-241-3108 (cell); 843-347-0352 (work); 843-365-7201 (home).  E-mail: davenorm1945@aol.com.
  21. Tony Corroto, 17 years of police work with Atlanta PD – Master Instructor of Instructors in BOTH SFSTs and DREs – Oversaw breath test program & ran over 10,000 Intoxilyzer 5000 breath tests – Web site: http://www.duiexpertwitness.com; E-mail: tcorroto@comcast.net; Phone: (404) 906-2153; Fax: (770) 693-9852.
  22. Lawrence Masten, Ph.D in Toxicology, Board Certified in Toxicology; 873 West Bay Drive, 186, Largo, FL 33770, 727-595-6575; fax: 727-595-0785; toll free: 866-329-9262; lwten@sprintmail.com.  Handles collection, transport, storage, and analysis of legal and hospital blood for BACs & the interpretation of BACs and factors that affect BAC readings and/or blood/urine drug levels.  33 years experience.
  23. Dominick A. Labianca, Ph.D., Department of Chemistry, Brooklyn College of The City University of New York, Brooklyn, NY 11210; 718-951-5458 or home: 516-489-3247.  Expert in blood, urine, proper testing, conversion from serum to whole blood.
  24. Dr. Alfred E. Staubus. Pharm D (614) 451-1406 (phone); (614) 451-1407 (fax). Alchohol and drug issues; blood, breath or urine testing. Email: Staubus.2@osu.edu. 1015 Kenway Court, Colombus, OH 43220.
  25. Dr. David Schneider, Pharm D., BA in Biology; Practicing Pharmacologist for 30+ years, Royal Oak, MI; 313-577-1579; fax: 810-545-2475.
  26. William Giguiere; B.S. in Zoology, with minors in chemistry and political science; grad studies in marine biology; masters in secondary education to teach biological and physical sciences; graduate studies in toxicology, pulmonary functioning and respiratory therapy and in alcohol studies; presently works at Park-Gilman Clinics, Inc. Burlingame, CA 94010; 650-259-7564 or fax: 650-259-7952.
  27. David (Dave) Fries – Live Oak, FL; Intoxilyzer 5000, SFST Field Testing (Instructor) - 386-344-1770 cell; 386-658-3464 work; 386-658-2687 fax; fries@alltel.net.  Ex-cop with extensive experience on the Intoxilyzer 5000.
  28. Kenneth Glaza, K & R’s Recording Studio, Inc., http://www.knr.net/, V:(248)557-8276   F:(248)557-0441, forensic audio or video enhancement or filtering, plus other engineering services.  See vita: http://www.knr.net/vita2.htm.
  29. Bill Taylor – Standardized and Non-Standardized Field Testing and Intoxilyzer 5000- 770-534-1501. E-mail: taylorbm@aol.com.  Ex-cop (27+ years) who has trained in excess of 3000 instructors and students on SFSTs.  Retired Police Captain, in charge of the DUI task force.  Formerly headed up State of Georgia original training on NHTSA SFSTs & alcohol/drug training for 3 years, after retirement as cop in 1991.
  30. Dr. Terry Martinez, Toxicologic Associates Inc., 6614 Clayton Road, #107 Richmond Heights, Mo 63117; Ph:  (618)- 345-0786; (618) 367-8700; ext. 1404. Holds Ph.D. in Pharmacology.  He is also an expert on methamphetamine manufacture cases.
  31. Jerry W. Bush, MD, medical degree, University of Alabama; B.S. in Pharmacy, Auburn University (1st in Class); Board Certified in Internal Medicine; background in pharmaceutical research; certified independent medical examiner; presently in private medical practice south of Atlanta; P.O. Box 39, Williamson, GA 30292.
  32. Gil Snowden, Brick, NJ; snowden@home.com; Phone: 732-458-4014; fax: 732-458-3449; former New Jersey State Police Breath Test Coordinator/Instructor and DWI/SFST instructor, now expert for breath testing and SFSTs.
  33. Mike McDermott, Forensic Audio & Tape Expert, Great Falls, VA; 703-757-0103; fax: 703-757-0262; E-mail: mike@mcdltd.com.
  34. Dr. David Benjamin, Pharm. D., www.DoctorBenjamin.com; 77 Florence Street, Suite 107, Chestnut Hill, MA 02467, Telephone: 617-969-1393, Fax: 617-969-4285.  Alcohol or drugs are within his realm of expertise.
  35. Joe Citron, MD, JD (board-certified ophthalmologist for 30+ years), Atlanta, GA – HGN guru (from both medical standpoint and SFST training) and other SFSTs (certified); Intox 5000 (factory certified instructor); medical testimony such as symptoms that mimic alcohol impairment after traffic accident; medical degree, Albert Einstein College of Medicine, NY; residency at Mayo Clinic, Rochester, MN - 404-261-2911 or 404-386-1100 or 404-784-5297.  E-mail: joecitron@aol.com.
  36. Dr. Richard Saferstein, Ph.D., 20 Forrest Court, Mount Laurel, NJ 08054, (856) 234-7134 voice, (856) 778-4841 fax.Ph.D. in Chemistry.  Noted author of books on Forensic Science. Former Chief Chemist for the State of New Jersey.
  37. Stan Alari, Radar and Laser Expert, 412 North Pacific Coast Hwy #237, Laguna Beach CA 92651, 1- 877- SOX RADAR   Cell: 562- 682- 5372 Fax: 760- 406- 6222 stanley.alari@verizon.net. Stanley Alari & Associates.  http://www.stantheradarman.com/.
  38. Joseph William Huff, Ph.D. in Physiology from Medical College of Georgia, Masters in Pharmacology from University of Georgia, B.S. in Chemistry with minors in Biology and Mathematics from West Georgia College, 118 Lyle Way, Carrollton, GA 30117, CEO, Materials and Surfaces, Ltd; Adjunct Professor, State University of West Georgia; 770-834-8611; fax: 770-832-1028; josephhuff@netzero.net.  Previously worked as Assistant Professor teaching Ophthalmology at the Bethesda Eye Institute.
  39. Dr. Spurgeon Cole, Ph.D., Psychology (formerly with Clemson University); Expert in Psychophysical Testing protocol and devastating witness regarding the lack of scientific method in implementation of SFSTs and “Validation Studies”; 1040 McNutt Crossing, Bogart, GA 30622, (864) 710-1293 (cell), 706-208-8167 (home), cspurg@bellsouth.net.
  40. Dr. Ronald Nowaczyk, Ph.D., received BA from Northwestern University, MA and Ph.D. Miami University (Ohio), Associate Vice Chancellor for Economic and Community Development, Head of Department, Professor of Psychology, Office of Economic and Community Development, 300 E. First Street, 301 Willis Building, East Carolina University, Greenville, NC 27858; Phone: (252) 328-6650 ext. 231, Fax: (252) 328-4356, email address:  nowaczykr@mail.ecu.edu.
  41. Gil Sapir, Forensic Science Consultant, undergrad degree in Microbiology and Biology, Colorado State University, Master of Science in Criminalistics, University of Illinois-Chicago; JD degree, Chicago-Kent College of Law; extensive publications and law review articles on breath testing deficiencies and SFST unreliability; has taken factory training on most breath testing devices, including EC-IR, DataMaster, Intoximeter 3000.  SFST trained.  gsapir@interaccess.com; P.O. Box 6950, Chicago, IL 60680; 312-458-0665.
  42. Ron Lloyd, Villa Rica, GA; former Georgia State Trooper for 13 years; NHTSA SFST Instructor; DRE Instructor; Top Instructor in Georgia when he departed to be a private investigator and expert in DUI cases; Intoxilyzer 5000 operator trained (as a cop), but not a factory ‘technician”. (770) 463-8823 Business; (770) 463-8813 Fax; (404) 822-4003 cell; 12 North Alexander Creek Road, Newnan, GA 30263. E-mail: duiinv@aol.com.
  43. James Johnson, Polygraph Expert, Former Chief Polygrapher for U. S. Air Force (Europe), 11 Deerwood Drive, Litchfield, NH 03052-8004, 603-424-6365.
  44. Lonny E. Horowitz, MD – Was an EMT prior to attending medical school; worked for 4 years during residency and internship in trauma units in NY and NJ area; can provide expert testimony about symptoms of traumatic head injury mimicking alcohol intoxication; also expert in diabetes, hypoglycemia and high protein diet issues for breath test interference defense.  No training on breath testing devices, but can explain how ketone conversion to isopropyl alcohol may be misread by an infrared device as ethyl alcohol.  770-393-3438. Woodstock, GA location.  dietmd@bariatrics.com.
  45. Forensic Gait Analysis Group, Two podiatrists [Dr. Clark D. Miller and Dr. Paul N. Greenberg] provide medical and scientific review of DUI-DWI suspects regarding foot function and “gait” analysis.  Use computer technology to quantitatively measure and analyze gait patterns for purposes of refuting police claims of impairment as shown through field sobriety testing procedures.  212-794-2060 (NY) or 973-379-4965 (NJ).  www.forensicgait.com and E-mail at: Forensic.Gait@verizon.net.
  46. Ronald Henson, Ph.D.  Peoria, IL (309) 360-5614; website: www.beron.us  P.O. Box 10706, Peoria, IL  61612-0706.  Ph.D. (Dissertation: Workplace Drug & Alcohol Testing), M.P.A., B.S.  Ex-police officer and previously worked for State of Illinois as an Instructor for Breath, Blood, and Urine Alcohol Testing and SFSTs.  Expert experience with the Intoximeter EC/IR, Intoximeter 3000, AlcoSensor Models III & RBT IV, Intoxilyzer 5000 & 4011s, BAC Verifier, BAC DataMaster, portable breath test devices, and related physiology and pharmacology principles associated with alcohol testing.
  47. Dr. Sarah Kerrigan, Ph.D., Forensic Toxicologist.  A Scotland Yard training toxicologist whose specialty is drugs that impair, Dr. Kerrigan received her BS in Chemistry/Analytical Chemistry and Toxicology and her Ph.D. in Chemistry in the field of drugs of abuse testing.  Mailing Address: P.O. Box 7429, HoustonTX77248-7429; Office: 713 868 2440; Cell: 713 817 2229; E-mail: sarah.kerrigan@earthlink.net.
  48. Dr. Gerald P. Simpson, Ph.D., 846 Woodlawn Dr, Thousand Oaks, CA 91360, home number is 805-495-3652.
  49. Jan Semenoff, a factory certified instructor for the Intoxilyzer 5000, and a former Canadian police officer.  E-mail: info@itd2.com; Web site: http://www.itd2.com; offers breath training course for Intoxilyzer 5000.
  50. J. Robert Zettl, Forensic Toxicologist (Bachelor of Science in Bacteriology with minor in Physical Chemistry; Masters in Public Administration), (Intoxilyzer 5000, blood tests; urine tests) Littleton, CO, Voice/cell 720-363-9900; Fax 303-795-1654; Home 303-795-9271; JRZETTL1@msn.com; formerly with State of Colorado Alcohol Program for over 25 years.
  51. JoAnn Samson, Ph.D., Toxicologist/Physiologist, NHTSA Certified Instructor, Breath, Blood and Urine Expert, 17 Princeton Street, Concord, NH 03301, (603) 229-0073; Fax: (603) 224-6933, jsamson1126@aol.com [Former State Toxicologist].
  52. Thomas E. Workman, Esq., - Patent Attorney with 30+ years in high-level computer software, firmware and hardware development; understands “Source Code” issues and can analyze code and can testify about flaws in programs running breath computers; www.computers-forensic-expert.com. 41 Harrison Street, Taunton, MA 02780; 508-822-7777; Fax: 508-824-2420; E-mail: tom@computers-forensic-expert.com.

THE THREE TYPES OF EVIDENCE THAT CAN BE USED AGAINST YOU IN A DUI CASE:
FIELD TEST EVIDENCE, OBSERVATION EVIDENCE, BREATH TEST EVIDENCE
ARE BREATH TESTS JUST A HOUSE OF CARDS?
CLICK HERE AND SEE FOR YOURSELF.

See a PowerPoint presentation on the Intoxilyzer 8000. If you do not have PowerPoint Viewer, click here. Click here to see pictures of the Intoxilyzer 8000.

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