Florida DUI Attorney Flem K Whited III a Guest Speaker At the Orlando Hard Rock Hotel Jan 19-20 National College for DUI Defense Winter 2012 Session

Established in 1995, the National College for DUI Defense is a professional, non-profit corporation dedicated to the improvement of the criminal defense bar, and to the dissemination of information to the public about DUI Defense Law as a specialty area of law practice. College members represent the most experienced DUI defense attorneys in the country. The original Founding Members funded the establishment of the college, and are among the top DUI practitioners in the United States. Since its founding, the College continues to recognize, as Sustaining Members, defense lawyers who have demonstrated the skill and experience of the original Founding Members, as well as the generosity to financially sustain the growth of the NCDD. General Members are the backbone of the college—capable, experienced attorneys who dedicate a portion of their practice to the defense of DUI cases throughout the country.

The American Bar Association, in 2003, recognized DUI Defense Law as a specialty area in the practice of law, and in 2004 the ABA awarded its “Certificate of Accreditation” to the Board Certification program of the National College for DUI Defense. The NCDD is the only organization in the country accredited to certify lawyers in the DUI Defense Law specialty practice area.

The NCDD Winter 2012 Session will occur at the Hard Rock Hotel in Orlando Florida on January 19-20. The event will consist of seminars led by leading DUI Defense Attorneys from around the country. Topics for the seminar include:

  • FSTs Research and Strategies for Trial
  • Motions Practice
  • Evidentiary Breath Testing
  • Attack a DUI Warrant
  • DUI Caselaw Update
  • Voir Dire through Closing
  • How to Handle DUI/DUID Cases
  • Responsible and Ethical use of Social Media

Florida DUI Attorney Flem K Whited III

Mr. Whited received a law degree from the University of Tennessee in 1978. By 1983 Mr. Whited opened his own firm. Early on in his legal career he was successful in excluding the Smith & Wesson Breathalyzer Model 900A from evidence based on the failure of the local police agency to properly follow manufacturer’s instructions to detect radio frequency interference. A few years later, Mr. Whited led the challenge to the Intoximeter 3000 breath test machine. He alleged and proved that the machine had been modified from the original version approved by the State of Florida. A local trial judge excluded the machine from evidence.

Mr. Whited was recommended to the Florida Bar Association as a speaker at a DUI defense seminar they were sponsoring. Since that first program in 1986 until the present, Mr. Whited has spoken at over 150 seminars in over 30 states. He is certified as a DUI Specialist in the American Bar Association and the National College for DUI Defense. Mr. Whited is “AV” rated with Martindale-Hubbell. This is the highest rating an attorney can achieve, signifying “very high to preeminent” legal ability and “very high” ethical standards.

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Driving Under the Influence of Drugs (DUID) Stops in Florida

Reposted from Palm Bay DUI Lawyer

Driving Under the Influence of Drugs (DUID) Stops in Florida

The National Organization for the Reform of Marijuana Laws recently drafted a report1 detailing the data regarding drivers who operate motor vehicles after using marijuana.  While the organization certainly does not condone driving after the use of illicit substances, the data seems to suggest less of a correlation between pot use and bad driving than alcohol and bad driving. Marijuana is the most common illicit substance consumed by persons who report driving after its use.  The problem with making an accurate determination of how the substance impacts a driver’s capabilities lies in a few different areas.  First, it appears that cannabis’ effect on psychomotor performance varies widely among individual subjects.  The basis of this distinction is due to the differences between experienced or chronic users, versus those who are naïve.  Chronic users are more familiar with the effects of the substance, thus developing a tolerance, and therefore are less likely to be impaired to a significant extent while those who are naïve users, may be more affected by the use.  However, it is important to note that in both groups the users tend to be aware of cannabis impairment and actually try to compensate for it by driving more cautiously or simply not driving at all.  This is a significant distinction when comparing the effects of alcohol impairment versus that of cannabis.  In a 2007 study, it was determined that drivers with a BAC of .05, a level well below the legal limit, were three times more likely to engage in unsafe driving activity prior to a fatal crash than those who tested positive for the use of marijuana.  Taken as a whole, the data reflects that, in general, cannabis induced variations in driving behavior, if present, are less consistent or pronounced than indicators of impairment shown by those under the influence of alcohol.

These findings are important when it comes to law enforcement’s attempt to prosecute those suspected of driving while impaired by cannabis.  In addition to the variations in its effects on users, methods on detection are even more problematic.  THC may accumulate and be detected in blood for several hours in occasional users and for days or weeks in those who use it chronically.  Therefore, one may test positive for cannabis use long after its impairing effects have worn off.  Even more troubling, once broken down in a user’s body, THC metabolites may be found in a urine sample days or week after use and its corresponding impairment.  Therefore, it is nearly impossible to determine whether or not the presence of cannabis in blood or urine is having any effect at the time the sample is taken.  Studies have tried to correlate specific THC levels to impairment, but for the reasons stated above, it is difficult to do so.

Palm Bay DUI Lawyers understand DUID charges and the best legal defenses to protect your rights. To learn more about DUID in Palm Coast visit our website.

If you have been arrested for DUI based on a positive drug test, please contact a Palm Coast DUI Lawyer to discuss your case.  We will evaluate your case and apply the data above when building your defense.

1 http://www.norml.org/index.cfm?Group_ID=7459

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