Blood, Breath & Tears 2022

IN PERSON SEMINAR FOR THE DUI PRACTITIONER

The in-person seminar was September 22-23, 2022. 

 

Course Materials and Webinar Video Recording for CLE Credit:

• FACDL Members ....$385.65 | Non-Members .....$460.65 
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Course material prices include all written materials and any audio or 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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• NON-MEMBERS WILL OBTAIN THE MATERIALS VIA DROPBOX

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Seminar Agenda 

Thursday, September 22, 2022: 

Jury Trial Day SPONSORED BY Origins Behavioral HealthCare 

7:30 a.m. to 8:30 a.m.             Continental Breakfast SPONSORED BY Nationwide Interlock   

8:20 a.m. to 8:30 a.m.             Announcements

8:30 a.m. to 6:00 p.m.             Jury Selection, Trial & Simulcast Jury Deliberations followed by Q/A 

Friday, September 23, 2022: 

Lecture Day/Breakout day

7:30 a.m. to 8:30 a.m.             Continental Breakfast SPONSORED BY Nationwide Interlock   

8:20 a.m. to 8:30 a.m.             Announcements

8:30 a.m. to 9:20 a.m.             Any Appeal issues from Yesterday’s trial?- Michael Ufferman 

9:20 a.m. to 10:10 a.m.           Fire on the Water- Defending BWI- Mark Thiessen

10:10 a.m. to 10:25 a.m.         Networking Break

10:25 a.m. to 11:15 a.m.         Defeating the Department of Motor Vehicles: Exploring the latest DMV issues- David Robbins & Susan Cohen 

11:15 a.m. to 12:05 p.m.         Keeping up with the Current Case Law- Eilam Isaak

12:05 p.m. to 1:20 p.m.           Lunch on your own

1:20 p.m. to 1:30 p.m.             DUI Gladiator Award

1:30 p.m. to 2:45 p.m.            Hands on Field Sobriety Exercise Training and Interlock Breakouts Part 1-

Anthony D. Palacios, Lance Platt, Matt Olzewski & Shelly Schultz of SmartStart

2:45 p.m. to 3:00 p.m.            Networking Break

3:00 p.m. to 4:00 p.m.            Hands on Field Sobriety Exercise Training and Interlock Breakouts Part 2

4:00 p.m. to 4:05                     Closing Remarks        

About the Speakers:

AnneMarie Rizzo is a former Assistant State Attorney with extensive trial experience in the State of Florida. She graduated with her Bachelors degree from the University of Florida, Magna Cum Laude. She graduated from the University of Florida Levin College of Law with her Juris Doctorate. During law school, AnneMarie was trying criminal traffic and domestic violence cases as lead prosecutor during her internship with the State Attorney’s Office in Gainesville, Florida. During her tenure as an Assistant State Attorney she specialized in prosecuting Domestic Violence and Criminal Traffic cases. She assisted hundreds of victims involved in Domestic Violence relationships in criminal prosecution and assisted victims at hearings seeking protective injunctions. AnneMarie leaves a legacy of winning four separate, consecutive criminal traffic jury trials in the same trial week. She was appointed as a Special Prosecutor by the Governor of Florida to represent the State of Florida on a DUI case in Lee County in 2007 which resulted in another favorable jury verdict for her at trial.  She has quickly gained the reputation of being an aggressive and zealous advocate. AnneMarie has trained law enforcement officers and prosecutors across the state specifically in the areas of evidence based prosecution and trial advocacy in Domestic Violence and Criminal Traffic. She also has trained medical doctors at SHANDS UF and Child Protective Investigators with the Department of Children and Families in the area of domestic violence and family dynamics. AnneMarie has successfully completed the Advanced DUI School hosted by the Florida Prosecutor Attorney Association. She also has successfully completed the Horizontal Gaze Nystagmus Course sponsored by the Institute of Police Technology and Management, a course designed to train law enforcement to effectively identify impairment in individuals suspected to be driving under the influence. (A field sobriety exercise regularly used on the roads today) AnneMarie also attended and successfully completed the Trial Advocacy School at the National Advocacy Center held at the Department of Justice in South Carolina. Locally, AnneMarie serves in the community as Chair of Sarasota County Bar Association Young Lawyers Division Law Week Committee where she recruits attorneys to teach high school students about the legal system. She also has served as a Guardian ad Litem since January 2004 and continues to help children involved in dependency cases have a voice in court. In addition, she spends time serving as a presiding judge over Teen Court proceedings in Sarasota County. AnneMarie is involved in other local organizations such as Florida Association of Woman Lawyers, Young Professional Group of Sarasota, and Junior League of Sarasota.

Keeley Karatinos is the owner and managing member of Karatinos Law, PLLC, a criminal defense firm in Dade City, Pasco County, Florida. Keeley focuses on criminal defense, driver license defense, post-conviction relief, and appellate practice. As an avid-reader, Keeley enjoys nerding-out with a freshly released Florida Law Weekly Supplement journal.  Often, after reading an opinion, Keeley calls her colleagues and buddies to contemplate its intricacies. Keeley attributes much of her trial and appellate success to these frequent conversations with friends and fellow practitioners.  She has found that it is in these priceless interactions that ideas are threaded together, information is shared, and the blueprint of the best strategy is envisioned. Collaboration has proven to be key to her legal success. Even when kicked in the teeth at the lower tribunal level, Keeley ritually appeals bad rulings. This practice is borne out of her fundamental disdain for violations of due process. She welcomes her role in protecting civil liberties which are the bedrock of a democratic society.

Evan Levow, the managing partner of Levow DWI Law, P.C., graduated from the University of Pittsburgh in 1988, received his law degree from Rutgers Law School in 1991, and is a nationally renowned DWI lawyer. His legal practice is 100% DWI defense. Evan has been selected as a Super Lawyer every year since 2010, and has an AV rating from Martindale Hubbell. Since 2017, US News & World Report ranked his law firm a “Tier 1 DUI / DWI Best Law Firm”, the highest possible tiered ranking for a law firm.  He was the first President of the DUI Defense Lawyers Association, formed in 2014, now with 900 members internationally. Evan is currently representing the DUIDLA as amicus in the New Jersey Supreme Court Frye/Daubert hearing on the scientific reliability of DRE in State v. Olenwoski. He represented the lead defendant in the landmark breath testing case, State v. Chun, which, set the standard for DWI defense and prosecution in New Jersey, also affecting national protocol regarding source code evaluation and litigation. Mr. Levow established the Crawford v Washington standard in New Jersey in State v. Kent and State v. Renshaw. Mr. Levow has lectured across the country, teaching lawyers, judges, and law enforcement officers the principles of breath, blood and urine testing.  He is a NHTSA qualified instructor in the Standardized Field Sobriety Testing program, and has lectured on SFSTs and the DRE protocol in states coast to coast.

Mark Thiessen is a criminal trial lawyer and the Chairman/CEO of the Thiessen Law Firm in Houston, Texas and Aspen, Colorado.  Mark is Board Certified in (1) Criminal Law by the Texas Board of Legal Specialization; (2) DUI Law by the DUI Defense Lawyers Association; and (3) DUI Defense Law by the National College for DUI Defense through the American Bar Association.  Mark earned the American Chemical Society-Chemistry and the Law (ACS-CHAL) Forensic Lawyer-Scientist designation, which is the highest form of scientific recognition available for lawyers.  Mark is a frequent legal seminar lecturer, author of numerous published legal articles, and a faculty member for various organizations.  Mark is the current DWI Committee co-chair and on the Board of Directors for Texas Criminal Defense Lawyers Association (TCDLA), was the 50th President and on the Board of Directors for Harris County Criminal Lawyers Association (HCCLA) and the current President-Elect and Charter Member of DUI Defense Lawyers Association (DUIDLA).  Mark is a 12-time Texas Super Lawyer and in the Top 100 Super Lawyers in Houston (2017-22).  From the past 3 years, Mark has been the only criminal lawyer to be named to the Top 100 Super Lawyers in all of Texas.  Mark has won DWI cases from total refusals up to quadruple intoxication manslaughter.  But, better than all of this hard work, Mark treasures that he was supremely lucky to marry Taly and have wonderful adventures with his family.

Cliff Barnes- Born a poor white child in 1956. Raised in Ft. Pierce without an AC or TV until age 12. Undergrad at local community college, BA at UNC Chapel Hill 1978 Go heels! JD at FSU 1981. Assistant Public Defender for 3 years, then private practice until 1990, elected St. Lucie County Commissioner in 1992 - served 12 years until elected County Judge 2004. Retired end of 2015. Now in private practice, Sole Practitioner, Of Counsel with Michael Kessler.

David A. Haenel is one of the most celebrated criminal defense, DUI and traffic ticket attorneys in Florida. Since 2000, Mr. Haenel has been working to ensure the best possible results in each case he tries. After graduating in the top third of his law school class at the Widener University School of Law, Mr. Haenel went on to earn a Master of Law degree in criminal law from the State University of New York at Buffalo. Mr. Haenel’s career began in the State Attorney’s Office. He was named the State of Florida DUI Prosecutor of the Year while he was in this role. His experience as a prosecutor is now put to work on behalf of clients who are accused of various criminal, DUI and traffic offenses. Mr. Haenel has earned a stellar reputation among his clients and peers. Mr. Haenel is admitted to practice law before the Federal District Court for the Middle District of Florida, the State Courts of Florida and the State Courts of New Jersey. He is a member of the Florida Association of Criminal Defense Lawyers and the Sarasota County Bar Association.

Laura Barfield holds a Bachelor’s of Science in Biochemistry that she received from Florida State University in August 1994. She is currently the owner and consultant of Forensic Toxicology Consulting Services. With over 25 years of experience in forensic toxicology, Ms. Barfield consults and provides testimony in cases involving the analysis of biological specimens for alcohol and drugs of abuse, interpretation of the test results including their accuracy and reliability, quality assurance and quality control associated with alcohol and drug testing, and the effects of alcohol and drugs of abuse on the human body. She was responsible for the implementation of the Intoxilzyer 8000 breath test device for use in Florida, and created, revised and assisted in the promulgation of Chapter 11D-8, Florida Administrative Code, the rules governing blood and breath alcohol test results for admissibility in the courts of Florida. She has testified as an expert in the courts of Florida, New York, and Utah a total of over 750 times in the areas of forensic toxicology, breath alcohol toxicology, blood alcohol toxicology, breath test instrument functionality and methodology, agency interpretation of statutory authority and administrative rules, analytical methods, accuracy and reliability of test results and testing methods, compliance with applicable rules and regulations, effects of alcohol and drugs of abuse on the human body including comparison to performance on standardized field sobriety test results, qualitative and quantitative results; measurement uncertainty, traceability, data collection and statistical analysis, retrograde extrapolations, medical blood conversions, and quality assurance and quality control. Ms. Barfield is also employed as a legal assistant with the Law Office of Collin Cherry where she provides legal assistance in processing personal injury, medical malpractice, criminal, and a few family law cases. Ms. Barfield reviews medical records and drafts medical injury summaries and chronology reports for use in personal injury and medical malpractice cases. She researches and determines mechanisms of injury based the nature of the accident and the medical findings in a case. She performs legal research and drafts motions, responses, proposed orders and appellate briefs related to family law, personal injury, medical malpractice, and criminal cases. Ms. Barfield has two daughters, Taylor and Madison, and has recently become a grandmother. Her oldest daughter, Taylor, recently had a baby girl, Halston, who is about 3 months old. Her youngest daughter, Madison, is currently in nursing school and has just completed her first internship as a surgical nurse at the Tallahassee Memorial Hospital.

Michael Ufferman received his Bachelor of Arts from Miami University in Oxford, Ohio, and received his Juris Doctorate from the Florida State University College of Law (serving on the law review and graduating magna cum laude). After he graduated from law school, Mr. Ufferman clerked for five years for Justice Major B. Harding at the Florida Supreme Court. Mr. Ufferman has been in private practice since 2002 and is a board-certified criminal appellate lawyer (2006-present). Mr. Ufferman currently serves on The Florida Bar Rules of General Practice and Judicial Administration Committee and The Florida Bar Criminal Law Section Executive Council. He previously served on The Florida Bar Criminal Law Certification Committee from 2015-2021 and as chair of the Committee from 2019-2020. Mr. Ufferman also previously served on The Florida Bar Appellate Court Rules Committee from 2007-2013 and as chair of the Committee from 2012-2013. Mr. Ufferman was on the board of directors of the Innocence Project of Florida from 2007-2014. Mr. Ufferman served as President of the Florida Association of Criminal Defense Lawyers (FACDL) from 2015-2016. Mr. Ufferman is the author of the Florida Criminal Practice and Procedure treatise, 2022 ed. (Vol. 22, Florida Practice Series). He received the Richard W. Ervin Equal Justice Award given by the Capital City Bar Presidents Council (2016). Mr. Ufferman has also received the Pro Bono Award from The Florida Bar Appellate Practice Section (2013); Inspirational Service Honor from Tallahassee Women Lawyers (2012); Gene Taylor Memorial Award given by the Tallahassee Chapter of FACDL (2010); the FACDL President’s Appreciation Award (2010); and the FACDL Extra Mile Award (2009 & 2012). Mr. Ufferman and his family reside in Tallahassee, Florida.

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 with the Florida Bar, as well as many other seminars.  Mr. Robbins currently co-chairs the Masters of DUI.  He has also volunteered his time to speak at various public defender offices across the state.

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 for the State Attorney's Office in Jacksonville, Fl from 1996 through 2000. Prior to that she worked as an Assistant Commonwealth's Attorney in Roanoke County, Va. from 1994 to1996. While in Virginia she also worked for Lumsden, Overstreet & Hanson in Roanoke focusing on criminal law in both state and federal court.  She began her legal career in the State Attorney's office in Gainesville, Fl. from 1985 to 1990.  Ms. Cohen's primary areas of practice include DUI defense, juvenile defense, administrative driver’s license issues, postconviction relief and appeals including appeals of administrative driver=s license suspensions. Ms. Cohen previously served on the Juvenile Rules Committee and a Florida Bar Grievance Committee where she served as Chair.  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.  She is the immediate past President of the River Garden Hebrew Home Board.  Ms. Cohen has previously served as the President of the Northeast Florida Chapter of FACDL and is currently a Chapter Representative to the Board of FACDL.  Ms. Cohen was the 2017 recipient of the DUI Gladiator of the Year award and was recognized as an Ultimate Attorney by the Jacksonville Business Journal. Ms. Cohen resides in Jacksonville, Florida, with her husband.  Ms. Cohen is the mother of three adult children and the proud grandmother of Hannah, Jack, Alex, Daltyn and Lily. 

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 30 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 25 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 46 times. Over the span of 30 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. 

Lance A. Platt is currently the president/owner of Platt and Associates Impaired Driving Consulting located in Bryan, Texas.  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/DRE) 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 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 including Florida 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.

Shelly Schultz- Shelly Schultz is an expert in Ignition Interlock Devices with more than 10 years experience in alcohol monitoring.  She managed the Oklahoma IID program for approximately 7 years before moving to her current role with Smart Start as a Regional Sales Manager.  Shelly has a scientific background earning her Bachelor of Science degree in Biology from Oklahoma State University, where she played softball.  She lives in Midwest City, OK with her children Henry and Heidi, and the cat Minion.

Matthew J. Olszewski practices criminal defense in Orlando, Florida, but limits his practice to Orlando and Central Florida DUI and traffic related crimes. He is admitted to practice law in the State of Florida. Before founding the FL DUI Group law firm in Orlando, Florida, Mr. Olszewski served as the coordinator of the Florida Traffic Safety Resource Prosecutor (TSRP) Program. As the state-wide coordinator of the Florida TSRP Program, Mr. Olszewski was responsible for conducting training and providing guidance for Florida prosecutors and law enforcement officers in matters related to DUI investigation and prosecution. Mr. Olszewski coordinated DUI training seminars for the Florida Department of Transportation (FDOT) with funding from the National Highway Traffic Safety Administration (NHTSA). Mr. Olszewski has trained thousands of Florida prosecutors and law enforcement officers in Orlando, Central Florida and officers spanning each of Florida’s 20 judicial circuit courts. Mr. Olszewski has trained thousands of prosecutors and law enforcement officers in the State of Florida as well as throughout the country on DUI investigation and DUI prosecution, DUI breath testing, drugged driving, DUI report writing, DUI courtroom testimony, DUI jury selection, DUI opening statements, DUI direct and cross examinations, and DUI closing arguments. Mr. Olszewski is one of 6 people in the State of Florida and the only Orlando and Central Florida DUI defense lawyer that has worked with the Florida Department of Law Enforcement (FDLE) to write the DUI curriculum used by the State of Florida at its law enforcement training academies. Mr. Olszewski co-authored the book that is used to train every law enforcement officer in Orlando and Central Florida when it comes to making DUI arrests. Mr. Olszewski has attended the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Testing Course (presented by the Orlando Police Department) and attended the NHTSA Standardized Field Sobriety Testing Instructor Course (presented by the Orange County Sheriff’s Office in Orlando, Florida). These DUI courses are designed to teach law enforcement officers how to properly conduct DUI roadside field sobriety tests like the walk and turn and one-leg stand. Mr. Olszewski also attended the Florida Department of Law Enforcement (FDLE) DUI Breath Test Operator Class, a course designed to teach DUI law enforcement officers how to properly conduct DUI breath alcohol tests. Mr. Olszewski has attended the factory training from the manufacturer of the DUI breath test machine used in Orlando and Central Florida. As part of this training, Mr. Olszewski learned the intricate parts of the machine and the science behind the machine. Additionally, Mr. Olszewski was taught how to take apart and reassemble an actual DUI breath test machine.

Course Materials

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