The Koger Building
Corner of 9th Street North & Gandy Blvd.
9721 Executive Center Drive North, Suite 120
St. Petersburg, FL 33702
Our office often receives calls and e-mail from other attorneys asking for direction and insight in resolving DUI related issues.
Resources and experts in the field of DUI law can be invaluable in uncovering suppression issues ranging from the initial stop of your client’s vehicle, to his ultimate arrest for DUI. Very often, successful arguments and supporting testimony considered routine by practitioners in one locale may be unheard of or untested in another. Borrowing strategy from your distant brethren may turn out to be the very break needed in your own case. In the spirit of cooperation, we have provided below a list and links to helpful resources, software, publications, case law, and well qualified experts.
DUI Software & Internet Resources For Attorneys
DUI Professional™ Blood-Alcohol Software Analysis for Windows: DUI Professional is a pharmacology utility used to calculate blood alcohol content. This software offers an easy to use wizard-style calculator that prompts for input on type of drink, quantity, weight, time of consumption, gender and stomach contents. Using this data, DUI Professional calculates a range of expected blood alcohol levels based on the generally accepted scientific principles of Widmark, Dubowski, and Watson. A drink database is included, providing instnat information on nearly 200 different alcoholic beverages. The program provides extensive online help on both the technical functioning of the software as well as the background scientific basis for the calculations. Detailed charts and reports are generated from the calculations. DUI Professional™ Alcohol Analysis System achieved a Five-Star Rating by ZDNet, the highest software rating awarded by the publishers of PC Magazine. To Purchase by direct download or on CD-ROM, visit the DUI Professional™ website.
Do you have a client with an ignition interlock question, but don’t know the answer? We maintain the website www.FloridaIgnitionInterlocks.com written specifically for Florida drivers who may be required to install an interlock device. We created this comprehensive site for our clients after the enactment of this sweeping new legislation in 2003. The website provides detailed information associated with Florida’s ACS interlock model WR2, the history and motivation behind the law and other practical information regarding installation and use.
Expert Witnesses for Use in DUI Cases
Toxicology / Pharmacology / Blood Alcohol Analysis
Daniel E. Buffington Pharm D., MBA: Mr. Buffington has over twenty years of experience as an expert witness in clinical pharmacology and toxicology. He has a reputation for objective and intense review of the facts associated with each case. This consultant has provided guidance to both State and Federal agencies and serves as a clinical faculty member at the University of South Florida, College of Medicine. Address: 6285 E. Fowler Ave., Tampa, FL 33617. Telephone number: (813) 983-1500.
Teri Stockham, M.S.F.S., Ph.D.: Dr. Stockham is a forensically trained expert in impairment toxicology. She specializes in alcohol / drug toxicology, pharmacology, forensic alcohol testing, and urinalysis drug cases. In addition to providing courtroom testimony associated with civil litigation, she has experience as an expert witness in DUI cases. Address: 1617 Poinsettia Drive, Ft. Lauderdale, FL 33305, Telephone number: (954) 566-3026.
Mark Montgomery, Ph.D., Forensic Toxicology: 12109 Wood Duck Place, Tampa, FL 33617, Phone: (813) 988-5853, Fax: (813) 988-1833. Dr. Montgomery is a Professor of Toxicology at the University of South Florida, College of Public Health. He offers consulting forensic and medical/legal toxicology. He is a frequent lecturer to Florida Bar Association groups, The Florida Prosecuting Attorneys’ Association and various law enforcement agencies. The Doctor has even testified before a Congressional Committee. He serves on the editorial Board of the “Journal of Toxicology and Environmental Health.”
Rick A. Swope, Accident Reconstruction and DUI Consultant: Rick is an accident reconstruction specialist and DUI consultant. His past experience includes work as a Sheriff’s Deputy and law enforcement instructor. He has been declared an expert in court over 600 times and provides effective testimony in connection with the operation and short comings of the Intoxilyzer 5000 breath testing machine. Rick holds a Masters degree from the University of Miami in the area of Technology and Engineering. He has published numerous articles associated with breath testing, field sobriety tests and the investigation of accidents involving impaired drivers. Rick has been a featured speaker at Emory University, Harvard Law School, and at numerous other seminars and lectures across the United States. Rick’s address and phone number are as follows: P.O. Box 290547, Davie, FL 33329. Telephone number: (954) 476-7640.
Field Sobriety Testing
LaPier & Associates: NHTSA Master Instructor. Provides expert testimony related to field sobriety testing, drug recognition evaluations, and accident reconstruction. This expert has extensive experience testifying in DUI related prosecutions. In the past, he served as a breath testing specialist, law enforcement DUI instrustor, and state police district field training program commander. Address: 3622 E. One Hundred North, Rigby, Idaho 83442. Telephone number: (208) 754-4643 or 1-800-257-4643.
Click here to search for additional expert witnesses.
DUI Publications for Florida Lawyers
Drinking / Driving Law Letter: Published 26 times per year by West Group. Includes DUI and administrative review of all appellate decisions indexed by the state of origin.
Florida DUI Handbook authored by the Honorable David A. Demers, Circuit Court Judge: Often referred to by Pinellas County DUI lawyers, judges, and prosecutors as the “DUI Bible,” this resources is routinely kept at the bench and referenced by the court when considering arguments associated with DUI litigation. A must have for any Florida DUI practioner.
Mastering Scientific Evidence in DUI/DWI Cases: A compilation of material covered during a seminar recently held in New Orleans and attended by over 150 DUI attorneys from around the country. Goes beyond scientific evidence, including field sobriety testing, cross examination and dramatic courtroom demonstrations. (Also available in audio tape format).
Drunk Driving Defense, 7th Ed. 2010 by Lawrence E. Taylor (a California lawyer recognized nationally as one of the foremost authorities in DUI litigation) and Steven Oberman: A single volume treatise that includes comprehensive defenses, strategies, motions, and arguments. This resource demystifies complex chemical and biological concepts associated with blood and breath testing.
Drinking/Driving Litigation: Criminal and Civil, 2d, by Donald H. Nichols & Flem K. Whited, III: A treatise unique for its inclusion of topics concerning civil damages and civil liquorliability issues associated with DUI. The book covers all legal issues a DUI prosecution and includes chapters describing the method of operation of intoxilyzers and the science of blood and urine testing for alcohol. Additional chapters the absorption, distribution and elimination of alcohol in the human body.
Drinking/Driving Litigation: Criminal and Civil Trial Notebook by Flem K. Whited: This publication is well organized in the order of topics arising during a typical DUI trial. It includes forms, outlines, checklists, and practical step-by-step guidance through all phases of a DUI prosecution. The book’s comprehensive nature is best understood when one recognizes that it starts with initial client contact and concludes with post-trial motions and sentencing issues.
Florida DUI Defense, Law, Practice & Procedure by Flem K. Whited III: An excellent comprehensive guide for Florida attorneys. Significant case law support with regular updates in connection with pre-trial, trial and DHMV administrative review representation.
Officer’s DUI Handbook, 2007 Ed. with CD-ROM by Kwasnoski, Partridge & Stephen. This publication is an excellent resource to develop an effective cross-examination for the arresting officer through the use of his own training manual.
DUI Resources for Non-Lawyers
Busted: A Citizens Guide to Surviving Police Encounters: An excellent on-line video detailing in plain English how to conduct yourself if you are the subject of a traffic stop or police encounter.
101 Ways to Avoid a Drunk Driving Conviction: by William C. Head and Reese I. Joye, Jr. Maximar Publishing Company, Inc. This infomative book lends itself well to non-lawyers. It is easy reading and conveys complicated legal issues and concepts in an manner understood by those without the benefit of a Juris Doctor degree. This book provides an excellent background for your support staff or a terrific gift for that deserving client.