Blood, Breath & Tears 2021
A SEMINAR FOR THE DUI PRACTITIONER
CLE: Florida Bar approved for 13 General credit (Criminal Appellate Law/Criminal Trial Law/Juvenile Law) and 1 Ethics credit
The live BB&T 2021 Webinar was on October 14-15, 2021.
Course Materials and Webinar Video Recording for CLE Credit:
FACDL Members .....$300.65 | Non-Members .....$360.65
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Course material prices include all written materials and Webinar video recording via Dropbox and information for attorney to post Continuing Legal Education Credit with The Florida Bar. NO REFUNDS AVAILABLE ONCE PURCHASED.
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Thursday, October 14, 2021 (ALL TIMES ARE EASTERN TIME ZONE)
8:20am - 8:30am Announcements Use BB&T 10/14/21 AM webinar link for morning session.
8:30am - 9:20am Winning DUI Trials During COVID - Ashley Minton
9:20am - 10:10am Romancing the Stoned: a conversation about Ethics - Russell Smith
10:10am - 10:20am Comfort Break
10:20am - 11:10am COVID’s Effect on DUIs - Jan Semenoff
11:10am - 12:00pm DMV Updates - David Robbins and Susan Cohen
12:00pm - 1:00pm Lunchtime Break Use BB&T 10/14/21 PM webinar link for afternoon session.
1:00pm - 1:50pm Ways to fight FSEs - Matt Olszewski
1:50pm - 2:40pm DREs - Lance Platt
2:40pm - 2:50pm Comfort Break
2:50pm - 4:00pm SPECIAL FEATURE: Lecture & Labinar from Dr. Lee Polite, Axion Labs. The Science of Drug and Alcohol Testing Lecture and A LIVE STREAM demonstration of Gas Chromatography Sample Testing from Axion Labs
4:00pm- 4:50pm Adding to Your DUI Skills Toolkit - Deandra Grant
4:50pm -5:00pm Closing Remarks for Day
Friday, October 15, 2021 (ALL TIMES ARE EASTERN TIME ZONE)
8:15am - 8:30am Announcements Use BB&T 10/15/21 webinar link for this day’s session.
8:30am - 9:30am Case Law Updates - Eilam Isaak
9:30am - 10:20am Navigating the Complexities of DUI Manslaughters and Serious Injury Cases - AnneMarie Rizzo & Brett McIntosh
10:20am - 10:30am Comfort Break
10:30am - 11:30am The Importance of Accident Reconstruction in DUI Cases - Chris Stewart
11:30am- 12:20pm Sentencing Considerations in Felony DUI Cases - Dorothy Naumann
12:20pm- 12:30pm Closing Remarks
About the Speakers (In alphabetical order)
Susan Cohen: Susan Cohen was born and raised in Gainesville, Fl. Ms. Cohen completed her undergraduate degree at University of Florida in 1977. Ms. Cohen obtained her Juris Doctorate with Honors from the University of Florida College of Law in 1985. Prior to joining Epstein & Robbins in August of 2000, Ms. Cohen worked as a prosecutor in Gainesville, Jacksonville, and Roanoke, Virginia. Ms. Cohen's primary areas of practice include DUI defense, administrative driver’s license issues, postconviction relief and appeals including appeals of administrative driver=s license suspensions. Ms. Cohen has previously served on the Juvenile Rules Committee and a Florida Bar Grievance Committee. Ms. Cohen has lectured at Blood, Breath, and Tears and Masters of DUI, as well as other seminars. She also serves on several community boards. Ms. Cohen has served as President of the Northeast Florida Chapter of FACDL and currently serves as a chapter representative on the statewide FACDL Board. Ms. Cohen is also the 2017 recipient of the FACDL DUI Gladiator award. Ms. Cohen resides in Jacksonville, Florida, with her husband. Ms. Cohen has three children and is the proud grandmother of Hannah, Jack, Alex, Daltyn and Lily.
Deandra Grant: AV-rated attorney Deandra Grant is the Managing Partner of Hamilton Grant PC, the second largest criminal defense firm in Texas, and is an international speaker on DWI law, science and trial skills. A graduate of Trinity University in San Antonio with a degree in business (Finance) and Southern Methodist University’s School of Law, Grant went on to earn a Graduate Certificate in Forensic Toxicology from the University of Florida’s College of Veterinary Medicine and a Masters Degree in Pharmaceutical Science - Concentration in Forensic Science from the University of Florida’s College of Pharmacy in 2016. In 2019 Grant joined the faculty at Axion Analytical Labs as an Assistant Chromatography Instructor for the American Chemical Society. She also serves on the faculty of the Borkenstein Drug Course. Grant is the co-author of the annually updated book, The Texas DWI Manual (James Publishing), Texas DWI: Truth & Consequences and Surviving Your Texas DWI. Grant is a Standardized Field Sobriety Testing Instructor and has completed the Drug Recognition Overview course. She was the first attorney in Texas to pass the Forensic Sobriety Assessment Certification exam. In addition, she has completed coursework in DWI forensic blood and urine testing and was trained as an operator and maintenance technician of the Intoxilyzer 5000. Deandra has certificates in Forensic Chromatography: Theory & Practice (2011 & 2015), Forensic Analysis of Solid Drugs (2014) and Forensic Principles of DUID (2015) issued by Axion Labs and the American Chemical Society. In 2015, Grant earned the distinction of being named an ACS-CHAL Forensic Lawyer-Scientist. Grant is a member of the Texas Criminal Defense Lawyers Association (Board Member 2011-2016), the Dallas Bar Association, the Collin County Criminal Defense Lawyers Association, the Dallas Criminal Defense Lawyers Association (Board Member since 2007, Treasurer 2020), the American Chemical Society and the American Academy of Forensic Sciences. In addition, she is a Charter Member and President-Emeritus of the DUI Defense Lawyers Association. D Magazine has named Grant to its list of Best Women Lawyers and Best Lawyers in Dallas. She’s been named a “Texas Super Lawyer” and one of Texas’ Top Rated Lawyers. Best Lawyers in Dallas named her one of the Top 10 DWI Lawyers in Dallas.
Eilam Michael Isaak: Eilam Michael Isaak is the sole partner in the law firm of Isaak Law, PLLC, located in River Arts district of downtown Tampa. He has been practicing law for the past 29 years. He began his career as a prosecutor with the Seminole County State Attorney’s Office. While practicing as an Assistant State Attorney over a 5 year period, he received from MADD the AWARD OF EXCELLENCE for being the top DUI Prosecutor for the Seminole County State Attorney’s Office for 1993, 1994, and 1995. Mr. Isaak was invited by the Florida Prosecuting Attorney’s Association to lecture at their DUI seminars on the topics of breath testing and closing arguments. During his tenure as an Assistant State Attorney, Mr. Isaak handled many high profile DUI prosecutions and tried the spectrum of cases from simple misdemeanors to murder. As a defense attorney for the past 24 years, Mr. Isaak practices in the area of criminal defense. In addition to trial work, Mr. Isaak has been lead counsel in over 300 appellate cases. He consistently lectures at Continuing Legal Education seminars and has been on the faculty and given presentations 43 times. Over the span of 29 years, he has taught thousands of lawyers at CLE’s and consistently lectures on the topics of DUI case law update as well as 4th & 5th Amendment pre-trial motion practice. He has been invited by the Florida Association of Criminal Defense Lawyers, The Florida Bar Association, Lorman Education, the Florida Prosecuting Attorney’s Association, the National Academy of Continuing Legal Education, the Hillsborough County Bar Association, the Hillsborough County Criminal Defense Lawyers Association, the Pinellas County Criminal Defense Lawyers Association, the Hillsborough County Virtual Bar Association, and the Central Florida Public Defender’s Association to be a part of the faculty at various seminars. He is a certified breath test operator for the Intoxilyzer 8000 for Federal DOT standards and has been accepted and permitted to testify as an expert witness on the Intoxilyzer 5000. He is the recipient of the FACDL Gladiator award for 2015. He is a graduate from Samford University Cumberland School of Law.
Brett McIntosh: Brett McIntosh is a trial attorney and member of the Florida bar since 1993. He is also licensed to practice in the Federal Court's of Florida’s Middle District. Past and present professional memberships and associations include the National Association of Criminal Defense Lawyers, Florida Association of Criminal Defense Lawyers. Past President Florida Association of Criminal Defense Lawyers Sarasota Chapter, Chapter Representative Manatee County Florida Association of Criminal Defense Attorneys. Manatee County Bar Association, Sarasota County Bar Association, Inn of Court Sarasota, National College of DUI Defense. Peer Review BV Rated Martindale Hubble legal commentary or analysis provided to Court TV, Local affiliates for ABC, Fox, SNN Sarasota Herald, Bradenton Herald, Guest Editorialist Sarasota Herald, ME TV Panelist youth sports and juvenile crime. Publications: "The Runaway Train". Article on Gang Related Rico prosecutions in State Court. Florida Defender Magazine. Specialized DUI Training : Two-time graduate of National College of DUI Defense intensive Summer Session presented at Harvard Law School. Brett is also a graduate of Axion analytical lab training 40-hour intensive course on Forensic Chromatography (blood testing), is NHTSA Certified in Field Sobriety Testing procedure, and over 40 hours of additional DUI specific CLE credit. Brett has handled and tried DUI cases from misdemeanor refusals to complex dui manslaughter cases involving the complexities such as the science of blood testing and accident reconstruction.
Ashley Minton: Ashley Minton grew up in Fort Pierce, Florida. Ashley attended Lincoln Park Academy High School and was in the International Baccalaureate Program. After graduating from Lincoln Park Academy and receiving her International Baccalaureate Degree, Ashley attended the University of Florida and received her Bachelor of Arts degree in Political Science. After undergraduate school Ashley moved home to Fort Pierce for the summer, where she worked for a local law firm and taught a class at Indian River State College. Ashley then moved to San Diego, California to attend the University of San Diego School of Law. While at the University of San Diego, Ashley worked for the Public Defender’s Office and the Alternate Public Defender, handling all levels of cases, including murder. While at the Public Defender’s Office, Ashley also handled the sealing and expunging of indigent clients’ records. Ashley also worked in civil court handling landlord and tenant and other small claims disputes. During her last year of law school, Ashley worked for prominent San Diego criminal defense attorney Allen Bloom. While working for Mr. Bloom, Ashley handled Writs of Habeas Corpus for convicted murderers. After completing law school and receiving her Juris Doctorate, Ashley moved back to Fort Pierce, Florida. After passing the Florida Bar, Ashley accepted a position with the Nineteenth Judicial Circuit Office of the Public Defender. While at the Public Defender’s Office, Ashley worked in the areas of misdemeanor law, felony law, and appellate law. Ashley has handled cases ranging from minor misdemeanors and DUI’s to Armed Robbery, Capital Sexual Battery and Murder. In 2009, Ashley went into private practice. Ashley continues to operate her firm Minton Law, P.A. with her husband, Jeffrey A. Smith. Ashley mainly practices in the area of Criminal Defense and Appeals. Ashley is a member of the Florida Bar, the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, and the United States District Court for the Northern District of Florida. Ashley is also a member of the National Association of Criminal Defense Lawyers, the Florida Association of Criminal Defense Lawyers, the Saint Lucie County Association of Criminal Defense Lawyers, the Justice Major B. Harding American Inn of Court, and is an Adjunct Faculty member at Indian River State College in the area of Law. Ashley has served on the Florida Bar Grievance Committee (19B). Ashley is also a member of MENSA and serves on the Board of Florida Rural Legal Services. Ashley is the proud recipient of the 2017 Outstanding Adjunct Faculty Member for Indian River State College and the 2019 Pro Bono Publico Award for 2019. Ashley's proudest accomplishment is her three beautiful children. Ashley loves traveling with her husband and kids, eating good food, indulging in libations, watching Harry Potter movies far too many times, and telling tall tales.
Matthew J. Olszewski : Matthew Olszewski- Experience-FL DUI Group, Managing Partner – Orlando, FL Criminal Defense Law Firm 2010 – present. FL Drug Defense Group, Managing Partner – Orlando, FL 2017 – present. Consultant for the National Highway Traffic Safety Administration – Washington DC. Researched and wrote papers regarding DUI and breath testing issues. Traffic Safety Resource Prosecutor Coordinator – State of Florida. Coordinated DUI training for prosecutors and law enforcement officers statewide and nationally. Assistant State Attorney 9th Judicial Circuit – Orlando, FL. Education Juris Doctorate — University of Florida College of Law 2001-2004; Bachelor of Arts — University of Florida; Business Administration Major with Minors in Criminology and Mass Communications. 1999-2001. Related Experiences/Training Attended the NHTSA 24 Hour SFST School – Orlando Police Department; Attended the NHTSA DUI Instructor School – Orange County Sheriff's Office; Attended the CMI Intoxilyzer 8000 Manufacturers Course – Owensboro, Kentucky; Attended the FDLE Intoxilyzer 8000 Breath Test Operator Course – St. Petersburg College; Attended the FDLE Intoxilyzer 8000 Agency Inspector Course – Seminole State College; Consulted with FDLE on numerous Intoxilyzer 8000 motions and issues throughout the state of Florida.; Lectured on breath testing issues at the International Association for Chemical Testing Annual Conference in North Carolina and Alaska.; Lectured on breath testing issues for the Florida Association for Chemical Testing.; Lectured on breath testing issues for the Breath Test Operators of the Orange County Sheriff's Office. Lectured on DUI issues for the Orange County Sheriff's Office. Lectured on DUI issues for the Florida Highway Patrol.; Lectured on DUI issues for the Ocoee Police Department. Lectured on DUI and breath testing issues for the Institute for Police Technology and Management (IPTM). Lectured on DUI and breath testing issues for the states of Alabama, Georgia, Kentucky, Mississippi, Arkansas and Missouri. Co-Authored the FDLE DUI Curriculum that is used in police academies throughout Florida.
Lance A. Platt, Ph.D.: Lance A. Platt is currently the president/owner of Platt and Associates Impaired Driving Consulting located in Bryan, Texas and has been since August of 2002. Mr. Platt was previously employed with the Texas A&M University System (Texas Engineering Extension Service TEEX) as a law enforcement training program coordinator and instructor. Mr. Platt was also responsible for the training and management of the Texas Drug Evaluation and Classification Program (DECP) as well as several nationally recognized impaired driving training programs and initiatives. Mr. Platt served as a police officer with the city of College Station, Texas attaining the rank of master police officer, which is the highest peace officer certification in the state of Texas. Mr. Platt received his Bachelor of Science degree in journalism from Sam Houston State University, Masters Degree from Texas A&M University and his Doctorate from Texas A&M University. Mr. Platt’s dissertation topic was titled, “An Evaluation of the National Highway Traffic Safety Administration Horizontal Gaze Nystagmus test at a .08 Blood Alcohol Concentration for the state of Texas.” The courts nationwide have recognized Mr. Platt as an expert in DWI Detection and Standardized Field Sobriety as well as drugged driving and have qualified Mr. Platt as an expert in law enforcement policy and procedures including training and use of force issues in state and federal courts.
Lee Polite, Ph. D.: Dr. Polite earned his Ph.D. in Chemistry from Virginia Tech, under the direction of Professor Harold McNair - a foremost chromatography professor, a pioneer in the field, and the world’s greatest guy. Dr. Polite also has a bachelor’s in chemistry from DePauw University and an MBA from Northwestern University. He has been teaching chromatography (GC and HPLC) to professionals for 30 years. He serves as the National Instructor of Chromatography for the American Chemical Society and its 165,000 members. A position that he has held since 1991. He is the highest rated instructor in the ACS catalog because he brings chromatography to life. Dr. Polite is well known for explaining complex instrumentation and concepts using examples from everyday life. He can teach anyone chromatography. In 1995, Dr. Polite founded Axion Training Institute with the mission to provide hands-on HPLC and GC training to the world’s chromatographers. Since then, Lee has trained more than 12,000 professionals, including employees from every major pharmaceutical, chemical and petroleum company in the US, as well as most of the government labs. Dr. Polite serves as Chief Science Officer for Sweetwater Energy Corporation, President of Axion Analytical Labs, Adjunct Professor of Chemistry at the Illinois Institute of Technology (IIT) and shares his passion for chromatography wherever he can.
AnneMarie Rizzo: AnneMarie has taught law enforcement, prosecutors and defense attorneys across the State of Florida and has been invited to teach about Forensic Sciences on the State and National levels. In 2015, AnneMarie earned the American Chemical Society- Chemistry and Law Forensic Scientist designation. AnneMarie has received a graduate certificate for her studies in Forensic Toxicology from the University of Florida. Additionally, graduated from the University of Florida with her Master’s Degree in Pharmaceutical Sciences/Forensic Science with a concentration in Forensic Toxicology. Furthermore, AnneMarie is a 2 time graduate of the Axion Analytical Lab’s Forensic Chromatography Course and Forensic Principles of DUI-D course as well as successfully completed Axion Lab’s Forensic Drug Analysis course. AnneMarie has served as the President of Sarasota County Chapter of FACDL and was recently elected to serve on the FACDL board as a Director at Large. She is also a member of the American Chemical Society, American Academy of Forensic Sciences, DUI Defense Lawyers Association, National College of DUI Defense, National Association of Criminal Defense Lawyers, and a Super Lawyers Rising Star.
David Robbins: David M. Robbins David M. Robbins attended the University of Florida for his undergraduate degree. He then graduated from the University of Florida Law School and was admitted to the Florida Bar in 1972. Upon graduation from law school, he worked as an Assistant State Attorney in Jacksonville, Florida, for approximately 3 years and entered the private practice of law in 1975, establishing the law firm of Epstein & Robbins. He has concentrated on DUI defense and criminal law for the past 46 years. Mr. Robbins is a member of the Florida Association of Criminal Defense Lawyers, Northeast Florida Association of Criminal Defense Lawyers, National Association of Criminal Defense Lawyers, and the Florida Bar. He has served as vice chairman of the Florida Traffic Rules Committee of the Florida Bar and has also been a member of the Rules of Judicial Administration Committee. Mr. Robbins has received the Tree of Life Award from the Jewish National Fund and serves on the international board of the American Jewish Joint Distribution Committee. For the last 20 years Mr. Robbins has lectured at the Blood Breath and Tears seminar with the Florida Association of Criminal Defense Lawyers and the Masters of DUI, as well as many other seminars. He has also volunteered his time to speak at various public defender offices across the state.
Jan Semenoff: Jan Semenoff is the principal editor of Counterpoint and is well-known across Canada and the United States as an experienced Forensic Criminalist. He has testified as an expert in breath alcohol testing, SFST, and DRE issues in more than 150 jury trials, and has presented at more than 90 state, national and international conferences. He has been teaching science to professionals since 1986. He officially founded his parent company, Industrial Training & Design Ltd. in 1995. His ability to make complex scientific and forensic concepts understandable has made him a sought-after speaker in North America. Jan (pronounced "Yawn"), studied social and physical sciences and educational theory at the University of Saskatchewan. Jan earned an Advanced Certificate in Police Studies from the Canadian Police College and was an Instructor at the Saskatchewan Police College. He has been a member of numerous advisory boards, and association executives over the years. Jan worked as an Emergency Medical Assistant with the local ambulance service for four years, then joined the Saskatoon Police Service. After an 18-year career as a Senior Constable and Violent Crimes Analyst, Jan retired and began teaching full-time with Industrial Training & Design Ltd. He has worked with many areas of industry including agriculture, food, mining, chemical, and steel, conducting workplace health and safety investigations, developing policies and procedures, and creating custom training programs for varied levels of learners from laborers, to lawyers, to scientists. Because of his policing background and extensive experience with breath alcohol testing, Jan became involved with lawyers and other legal and forensic professionals who looked to him for an understanding regarding the science behind the tests. He has collaborated with lawyers, scientists, investigators, investigative reporters, and toxicologists across Canada and in dozens of jurisdictions across the United States, bringing a fresh perspective to the science involved in legal practice. He was the principal technical advisor to The New York Times in their year-long investigation on breath testing deficiencies in North America, and has been interviewed by numerous national media outlets, including newspapers, radio, and television. He has been married to Susan Reschny for more than 30 years. When Jan is not traveling, he enjoys spending time with his wife and adult sons. He is an avid photographer who enjoys woodworking, hiking, fly-fishing, scuba diving, cooking and discovering inane trivia to drive them all nuts.
Russell Smith: Russell Smith is engaged in a criminal defense trial practice in the Florida and Federal Courts. He graduated from the University of South Florida in 1976 and received his Juris Doctor from the Spessard Holland Law Center at the University of Florida in 1979. He began his legal career in the Office of the Public Defender for the Fourth Judicial Circuit of Florida and has now been defending Floridians accused of crime for 41 years. He and his law firm have been A-V rated by Martindale Hubbell for more than 20 years, and he has received a Superior “10” rating from AVVO.com. Mr. Smith served as the 2007-2008 President of the Florida Association of Criminal Defense Lawyers. He has been a member of FACDL since 1988 and has been a Director and Officer since 1996. He received the FACDL President’s Award in 2000 and 2005 and is one of only two lawyers ever to win this prestigious award twice. The President’s Award is the highest award given to members of the Association. Since 1981, Mr. Smith has served on the Board of Renaissance Behavioral Health Systems, a community-based provider of mental health services to the indigent. As a RBHS Board member, he helped develop a program with the Jacksonville Sheriff’s Office, that identifies mentally ill arrestees before they are booked and diverts them to the mental health care system, instead of jailing them and charging them criminally. He is also a volunteer attorney for the Florida Innocence Project and the Juvenile Life Without Parole Resource Center and participates in the Justice Teaching program sponsored by The Florida Bar. Mr. Smith has lectured and published on topics including Legal Ethics, Legislation and the Practice of Law, Lawyers and the Media, Law and Technology, Federal Sentencing, and The Effects of the Criminal Justice System on Families and Children. The Florida Bar has approved his Legal Ethics lecture, “Ethical Problems Facing the Small Practice” for continuing education credit and he has lectured on The Politics of the Death Penalty at the Center for Policy Alternatives in Washington, D.C. He has appeared as a legal commentator on Court TV and The O’Reilly Factor, and was also a regular guest on The PollCats, a politics and public affairs program which aired on public television in northeast Florida for more than ten years
Christopher M. Stewart, P.E.: Christopher Stewart is a Forensic Engineer, Accident Reconstructionist. Education – Bachelor of Aerospace Engineering, Auburn University, 1994. Mr. Stewart joined JS Held in 2021. Prior to JS Held, he worked as an engineer/accident reconstructionist for Forensic Engineering Technologies, LLC, Kimley-Horn and Associates and BEC Consulting. Before entering the field of accident reconstruction, Mr. Stewart worked as a vehicle sales consultant and as the drafting department manager for Quincy Joist Company. Mr. Stewart is a Registered Professional Engineer in the state of Florida and Georgia. He has completed a course in traffic accident reconstruction, given by the Northwestern University Traffic Institute, and commercial motor vehicle crash investigation given by the Institute of Police Technology and Management. Mr. Stewart is an ACTAR certified accident reconstructionist (ACTAR # 1483) and is skilled in scene investigation, evidence preservation, computer photogrammetry, crash-data retrieval from vehicle modules, accident reconstruction, and mechanical analysis. He has investigated and reconstructed crashes involving automobiles, vehicle rollovers, heavy-trucks, motorcycles, ATVs, bicycles, boats, and pedestrians. Mr. Stewart has also tested and analyzed vehicle components, consumer products, and mechanical systems. He is knowledgeable in the design and construction of prototype parts, test rigs, and equipment. Mr. Stewart is proficient in the preparation of engineering diagrams and exhibits using AutoCAD and other computer graphic systems. Professional Activities – Mr. Stewart is an active member of the American Society of Mechanical Engineers, National Association of Professional Accident Reconstruction, and Society of Automotive Engineers.
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