Blood, Breath & Tears XXIV
CLE Credit: This course has been approved for 12 hours of General credit and 1 hour of Technology credit. Certification Credits include 12 hours of Criminal Appellate Law and 12 hours of Criminal Trial Law. These credits expire 5/30/2019.
This year we are returning to a two day seminar conference format featuring topics confronting defense attorneys in DUI Manslaughter and Serious Bodily Injury Cases as well as providing essential DUI defense strategies that will improve every criminal defense lawyer’s ability to achieve results for clients.
Schedule of Events
Thursday November 30, 2017
12:30 – 1:00 Registration
1:00 – 1:05 Opening Remarks and Introductions: Mitch Stone, Esq, Program Chair
1:05 – 2:45 Causation – No Fault No Felony: Michael Catalano, Esq and Aaron Moss of Moss & Associates,
Accident Reconstruction Experts
2:45 - 3:00 Networking Break (See our wonderful exhibitors)
3:00 - 3:50 The Science of Blood Testing – How to Challenge Blood Results: Anne Marie Rizzo, Esq
3:50 – 4:40 Effective Discovery in DUI Manslaughter and SBI cases – The Defense is in The Details: Stu Hyman, Esq.
4:40 – 5:30 Using Technology to Analyze and Recreate Accident Cases: Bruce Gazdick, L & L Investigations, Inc.
5:30 – 7:00 Happy Hour Networking- Drink tickets sponsored by The Liquor Law Center- Dram Shop Attorneys (Hotel Lobby)
Friday December 1, 2017
8:30 - 8:45 Onsite Registrations
8:45 – 8:50 Opening Remarks and Introductions: Mitch Stone, Esq. Program Chair
8:50 - 9:40 DUI Case law Update: Eilam Isaac, Esq.
9:40 – 10:30 The Impact of Wiggins v. DHSMV: David Robbins, Esq & Susan Cohen, Esq.
10:30 -10:45 Morning Networking Break (see our wonderful exhibitors)
10:45 -11:35 DUI Defense on a Budget – How to Win Without Experts: Aaron Delgado, Esq.
11:35 -12:25 Neutralizing Field Sobriety Exercises: Tony Corroto, DUI Expert Consultant and DRE
12:25 -1:45 Lunch on your own
1:45 - 2:35 Cutting Edge Breath Test Motion Practice: Robert Harrison, Esq. Venice
2:35 - 2:45 DUI GLADIATOR AWARD: Stephen Daniels, DUI Forensic Investigator
2:45 – 3:00 Networking Break (see our wonderful exhibitors)
3:00 - 4:40 Breath Test Maintenance Demonstration and Panel Analysis: Matthew
Malhiot Expert Consultant Forensic Alcohol Consulting & Training, LLC,
Lee Lockett, Esq. Hal Schuhmacher, Esq. and Carlos Canet, Esq.
About the Speakers
Laura Barfield, has been involved in the field of forensic toxicology for almost twenty (20) years. As the former head of the Alcohol Testing Program for the State of Florida, she has testified as an Expert Witness and Rendered Opinions in Florida Circuit and County Courts, and Federal Courts, over six hundred seventy-five (675) times, and most recently in the courts of New York, in areas which include, but are not limited to:
- Forensic Toxicology; Blood Alcohol Toxicology; Breath Alcohol Toxicology;
- Agency Interpretation of Statutory Authority and Administrative Rules;
- The Accuracy and Reliability of Blood and Breath Alcohol and Blood and Urine Drug Screen Results and Testing Procedures;
- Analytical Methods and Testing Techniques; Alcohol Standards; Chapter 11D-8, FAC;
- Retrograde Extrapolation; The Intoxilyzer 5000; The Intoxilyzer 8000;
- Gas Chromatography; Mass Spectrometry; Immunoassay Screening Methods;
- Breath Alcohol Analysis; Blood Alcohol Analysis; Quality Assurance and Quality Control; Measurement Processes; Measurement Uncertainty; Pharmacology of Alcohol; Pharmacology of Drugs of Abuse; The Effects of Alcohol and Drugs of Abuse on the Human Body;
- Standardized Field Sobriety Tests or Exercises; Anatomy and Physiology;
- Interpretation of Rule and Statute; Retrograde Extrapolation; and Medical Blood Conversions.
Michael A. Catalona, a sole practitioner in Miami since 1987, received a B.S. in Business Administration from the University of Florida in 1978 and a J.D. from Stetson University College of Law in 1983. He is a former prosecutor in Miami. He is a member of the Dade County Bar Association, The National Association of Criminal Defense Lawyers, The Florida Association of Criminal Defense Lawyers, and The Florida Bar. His interests include special participation in the Federal DUI Task Force, which he offered expertise through training, organizing and helping implement the DUI indium crimper breath collection system in Dade County. He has been very active in defending people charged with DUI, and has been featured in The Miami Herald and CBS’s 48 Hours, mostly about DUI and police misconduct issues and cases.
Carlos A. Canet, has been a member of the Florida Bar since 1983. He began his legal career at the office of the Public Defender in Miami under the tutelage of Bennett H. Brummer. In 1989, he entered private practice and in 1990 joined the law firm of Essen & Essen. Carlos remained at the Essen firm until opening his present office in 2006. His practice for 30 years has been nearly exclusively the defense of DUI cases. During that time, Carlos has been responsible for some locally significant rulings and opinions. In 1995, his motion excluding all field sobriety exercises in Broward County led to the opinion in State v. Meador. In 2005, his motion to exclude breath test results based upon the use of tap water to check Intoxilyzer calibration led to the decision in State v. Cubic. More recently, motions to suppress breath test results in Broward have led to several county court orders suppressing test results in hundreds of cases based upon questionable inspection techniques and practices. Currently, he maintains his office in Fort Lauderdale where he is working on a book for James Publishing due to be released in 2014, titled, “Pattern DUI Defenses.
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 to 1996. 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, post-conviction relief and appeals including appeals of administrative driver=s license suspensions.
Ms. Cohen currently serves on the Juvenile Rules Committee and previously served on 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 currently the President of the River Garden Hebrew Home Board. Ms. Cohen also currently serves as the President of the Northeast Florida Chapter of FACDL. 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.
Tony Corroto, was a Senior Police Officer with the Atlanta Police Department for over seventeen years, spending fourteen of those assigned to the DUI Task Force. He specializes as a Standardized Field Sobriety Testing (SFST) and Drug Recognition Expert (DRE) instructor. He is also an instructor for the National Highway Traffic Safety Administration (NHTSA) and has taught DUI enforcement at the Atlanta Police Academy as well as the Georgia Public Safety Training Center. Tony has been listed as an expert witness on over 2300 DUI cases for the City of Atlanta in one year alone. Prior to his retirement in 2006, he has been listed on over 10,000 DUI cases as an "on call" expert witness. He made over 2700 arrests for people driving under the influence while working for the City of Atlanta's DUI Task Force. Now in the private sector, he provides DRE/SFST consulting and nationwide expert witness testimony. As an expert witness, Tony provides testimony for DUI/DWI drunken driving cases in NHTSA Standardized Field Sobriety Tests and in drug driving cases regarding the DECP (Drug Evaluation and Classification Program). Mr. Corroto has been qualified as an expert witness in field sobriety tests, DRE protocols, and the effects of alcohol and drugs on the human body in nineteen states. Mr. Corroto has also provided expert testimony in the area of HGN testing (Horizontal Gaze Nystagmus) as well as the Theory and Science of Evidential Breath Alcohol Testing.
Stephen F. Daniels, of DUI undo Consultants started his expert witness/consulting business in Jan. 2007. He specializes in public record requests, Ch. 11D-8 compliance and records audits on the Intoxilyzer 8000 that defendants are tested on. Stephen has uncovered several quality control issues during the last 7 years, one of which was FDLE/ATP’s failure to conduct the ‘R Value’ test that resulted in thousands of people being wrongfully charged with Refusal. He has consulted on the Intoxilyzer 8000, the Source Code and Cobra Data for the defense in 12 different states.
In Jan. 2014 of this year Stephen launched DUIstopped.us.,a positive priority based solution to help stop DUI’s and educate the public about the dangers of drinking & driving and being arrested for DUI. One of the company’s motto’s incorporates the defense attorneys role in helping stop DUI: Stopping DUI’s isn’t just about stopping drunk driving, it’s also about stopping people from being wrongfully arrested and convicted of DUI too!.
Aaron Delgado, A 2004 Honors graduate of University of Florida, Aaron Delgado practices criminal defense as the managing partner of Damore Delgado & Romanik PLC., an AV-rated firm with offices in Daytona Beach and Deland. Aaron is Board Certified as a Criminal Trial Attorney, rated AV-Preeminent by Martindale Hubbell since 2010, listed as a Super Lawyer Rising Stars since 2011 and voted one of Florida Legal Elite's 2015 "Up & Comers." Aaron was voted Daytona's Top DUI Lawyer by the New Journal in 2016 and was selected as a "Top 40 under 40" young professional by the Volusia and Flagler Business Report in 2013, 2015 and 2017. Aaron is a life member of the Florida Association of Criminal Defense Lawyers ("FACDL"), a life member of the National Association of Criminal Defense Lawyers and a member of the National College of DUI Defense. He has served as vice chair and chair of the 7th Judicial Circuit Grievance Committee Group "A" and is a member of the Florida Bar Traffic Rules Committee (a secret cabal which controls international lending and most of league of nations). Since 2014 Aaron has served as the President of the Volusia Chapter of FACDL following a bloodless coup d’etat (all smotherings). Aaron has published several articles in FACDL's Defender magazine and hosts an annual DUI and trial skills seminar for the local public defenders. In 2016, Aaron was "democratically" elected to the Daytona Beach City Commission and finished his first horcrux shortly thereafter. Aaron's amazing wife Jeri is an appellate public defender, his constant editor and the love of his life. They are the proud parents of a very precocious Pomeranian, Puggle and Bulldog and welcomed their human son, Alexander in January 2017.
Bruce Gazdick, As a former employee of the Jacksonville Sheriff’s Office Patrol Division Gregory gained extensive investigative experience while working over 6000 crashes and 69 traffic fatalities. His investigative skills proved themselves to be all the more beneficial as he transitioned into the role of Detective for the Sex Crimes Unit and Traffic Homicide Unit. Serving as a Traffic Homicide Detective from September 1997 until March 2002 Bruce worked 142 felony hit and run traffic crashes, 70 life threatening traffic crashes, 63 traffic fatality crashes and 14 traffic crashes with injuries. Bruce is now the President of L&L investigations a he serves as a qualified court expert in traffic accident investigation and traffic reconstruction. He has furthered his skillset by working as an Adjunct Instructor at the Institute of Police Technology and Management., conducting liability investigations, performing claims investigations, conducting traffic crash reconstructions, rendering computer assisted diagramming and conducting UAV- Drone photographing -Videoing.
Robert N. Harrison, Esq. is a sole practitioner in Venice, Florida, where he focuses in DUI defense. After graduating from the University of Florida College of Law in 1986, he worked as an Assistant State Attorney for four years in Hillsborough County. In 1990, Mr. Harrison joined the Venice law firm of Kanetsky, Moore & DeBoer and six years later he opened his own law practice. Mr. Harrison is a former President of both the Sarasota Chapter of the Florida Association of Criminal Defense Lawyers and the Venice-Englewood Bar Association and is currently on the Board of Directors of the Florida Association of Criminal Defense Lawyers. In 2014, Mr. Harrison received the DUI Gladiator of the Year Award and FACDL’s President’s Award.
Stuart I Hyman, a sole practitioner received a B.S. from the University of Central Florida and a J.D. Degree from Nova University. He has practiced in the area of criminal and DUI law for approximately 36 years. He is a member of the Orange County Bar Association, the National Association of Criminal Defense Lawyers, and the Florida Association of Criminal Defense Lawyers.
He is admitted to practice before the United States Supreme Court, Eleventh Circuit United States Court of Appeals, and United States District Court. He has lectured for The Florida Bar, FACDL, and private seminar companies in the area of DUI. He has extensive litigation experience in the area of criminal law and DUI defense. He has been recognized in Florida Trend Magazine "2010 Florida Legal Elite" publication in the area of criminal law.
Eilam Isaak, is the sole partner in the law firm of Isaak Law, PLLC, located in Tampa, Florida. He has been practicing law for the past 23 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. As a defense attorney for the past 17 years, Mr. Isaak practices exclusively in the area of DUI defense. He consistently lectures for the Florida Association of Criminal Defense Lawyers, The Florida Bar, Lorman Education, and the Hillsborough County Bar Association at a variety of DUI continuing legal education seminars. He has lectured on numerous topics related to defending DUI cases (but has focused in recent years on the topic of pre-trial motions and case law updates). 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 a graduate from Samford University Cumberland School of Law.
Lee Lockett, was born and raised in Jacksonville. After law school, Mr. Lockett was offered a job at the State Attorney's Office for the Fifteenth Judicial Circuit in West Palm Beach. As an Assistant State Attorney he was asked to serve as "First Chair" in over 30 jury trials and countless non-jury trials and hearings. In his second year he was promoted to Division Chief in County Court Division E where he supervised all attorneys in that division and made DUI filing decisions. After leaving the State Attorney's Office, Mr. Lockett served with the Public Defender's office in Jacksonville where he received the prestigious "ROC" Award for trial advocacy. His is currently a Partner at STONE LOCKETT in Jacksonville.
Lee Lockett has been practicing for 20 years and has in excess of 45 Jury trials to his credit. He is a member of the Jacksonville Bar Association, Florida Association of Criminal Defense Lawyers, The Northeast Florida Association of Criminal Defense Lawyers, National College Of DUI Defense, DUIDLA, Criminal Law Section of the Florida Bar, Law Week Committee 2005-2006, Judicial Relations Committee of the Jacksonville Bar Association, Gator Bowl Committee 2004-2007, Florida Bar Grievance Committee, and the Traffic Court Rules Committee of the Florida Bar. He is admitted to practice in all counties and circuits in the state of Florida as well as the United States Federal Court for the Middle District of Florida. Lee Lockett is the Author of DUI NOTES, The Florida Defender Magazine, and is currently a Board member of FACDL and Past President of the Jacksonville chapter.
Matthew Malhiot, is a proven,qualified expert witness and brings over 30 years experience to the courtroom on every case. He has been listed as an expert in thousands of DUI cases. He earned his Bachelor of Science degree from Park University and continued his education with thousands of additional hours of training in DUI enforcement and forensic alcohol toxicology. This included work with the Montana Department of Justice (Division of Forensic Science), the National Highway Traffic Safety Administration (NHTSA) and Florida Department of Law Enforcement. He also completed coursework at Indiana University’s world-renowned, Robert F. Borkenstein Course on Alcohol, Drugs and Highway Safety: Testing, Research and Litigation. Returning to Indiana University to continue his education, he completed the course on Forensic Alcohol Program Management. Matthew also completed the Forensic Toxicologist Certification Board’s course on Forensic Ethanol Analysis and Interpretation.
Having worked and conducted research and studies in the field of forensic breath analysis and forensic breath test instrumentation provides Matthew a comprehensive knowledge of breath test instruments used by law enforcement today. Additionally, Matthew completed the operator, maintenance and instructor certification courses offered by CMI on both the Intoxilyzer® 5000 and 8000. Teaching and writing curricula concerning impaired driving, gives Matthew an in-depth knowledge of instrumentation and procedures used in today’s traffic enforcement efforts.
Matthew has also completed the National Highway Traffic Safety Administration’s instructor level course work in Standardized Field Sobriety Testing (SFST) and has been teaching and lecturing on the subject of horizontal gaze nystagmus and field sobriety for many years. Possessing this level of knowledge allowed him to serve on the committee that wrote the Florida Law Enforcement Academy Curricula on DUI enforcement.
Teaching all areas of forensic alcohol toxicology and DUI enforcement to judges, attorneys and law enforcement through the years has earned him a reputation as a true professional at the top of his field.
Aaron Moss, has been working in traffic accident reconstruction for 14 years and has been involved in the investigation and reconstruction of over 500 traffic accidents. He has a Bachelor of Science degree in mathematics from Florida International University and is currently finishing his Master’s degree in transportation engineering. He works with his father in their consulting engineering firm, Moss Accident Reconstruction and Consulting (formerly Miles Moss & Associates) providing expert witness testimony for all types of traffic accidents. Mr. Moss has worked on both civil and criminal cases for plaintiff and defendant and has been retained throughout the state of Florida including by the public defenders offices for Dade, Broward and Palm Beach counties. He has testified as an expert witness in a wide variety of cases including vehicular homicide and DUI manslaughter cases.
AnneMarie Rizzo, is a former prosecutor with extensive trial experience in the State of Florida. AnneMarie leaves a legacy at the Prosecutor’s office of winning four separate, consecutive jury trials in the same trial week. AnneMarie has gained the reputation of being an aggressive and zealous advocate for her clients and uses science in fighting her cases every day. 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 also attended and successfully completed the Trial Advocacy School at the National Advocacy Center held at the United States Department of Justice in South Carolina in 2007. AnneMarie attends several science based seminars each year to continue her scientific trainings. AnneMarie has been featured on multiple news media stations due to her advocacy for her clients such as the local ABC, CBS, and Fox News affiliates and has been featured in the local newspaper because of her unique legal arguments and cases she has handled. AnneMarie also has published 5 books on “How to Survive a DUI” in the various Florida counties that she practices. AnneMarie has served as the President of Sarasota County, Florida Association of Criminal Defense Lawyers and as a board member for the statewide Florida Association of Criminal Defense Lawyers. 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 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 42 years.
Mr. Robbins is a member of the Florida Association of Criminal Defense Lawyers, Northeast Florida Association of Criminal Defense Lawyers (NEFACDL), National Association of Criminal Defense Lawyers(NACDL), and the Florida Bar. He is the chairperson of the Judicial Liaison Committee for NEFACDL. 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 lectured at the Blood Breath and Tears seminar for the last 16 years with the Florida Association of Criminal Defense Lawyers, as well as many other seminars.
He resides in Jacksonville, Florida with his wife Kim. He is very active in his faith and is very concerned with civic and community affairs.
Hal Schuhmacher, received his B.B.A. from Western Michigan University, and his J.D. degree from the University of Detroit Law School in 1992. He served in the Palm Beach County Public Defender's Office in 1993, and as an Assistant Public Defender for the Monroe County Public Defender's Office, first in Key West then as managing attorney for the Marathon Office, from 1994 - 1999. In 1999 he joined the law firm of Cunningham, Miller, Heffernan, Hamilton & Wolfe and in 2002 he established the Law Offices of Hal Schuhmacher. He currently owns Offices in Key West and Marathon and, along with Michael Litrenta, practices exclusively in the criminal courts throughout the Florida Keys. Hal was the founding member of the Monroe County Chapter of FACDL and has served, either as a Chapter Representative or Director at Large, on the Board of Directors of the statewide FACDL since 2000. Hal was recently elected to serve as Secretary of FACDL. Hal started and ran a sentencing seminar for FACDL (Showcase on Sentencing) for the first four years of its existence. After having been a speaker, Hal ran and presented at Blood Breath and Tears from 2006 to 2010 and has continued to be a frequent presenter at Florida’s premiere DUI Seminar. In 2012 Hal presented at the Masters of DUI seminar (for the Florida Bar). Hal has twice received FACDL’s Extra Mile Award (2000 & 2002). As a result of extensive litigation of administrative license suspensions against the Department of Highway Safety and Motor Vehicles, along with Becky Barlow, Hal met with the leaders of the Department and secured favorable modifications to the administrative process. In 2006, Hal was given the opportunity to work with the Innocence Project of New York and represented Orlando Boquete in achieving the 6th DNA exoneration in the State of Florida.
Mitchell A. Stone Education, University of Vermont B.A. 1985. University of Florida College of Law J.D. 1988. Legal Employment: Assistant State Attorney 1988-1991. Fannin & Tyler, P.A. 1991-1992. Stone & Associates, P.A. 1992 -2012. Stone Lockett, P.A. 2012- present. Legal Specialization: Board Certified Criminal Trial Law, Expert DUI law 4th Judicial Circuit Court. Honors and Awards: AV rated Preeminent Martindale-Hubbell, Super Lawyers, Florida Trend’s Legal Elite, Best Lawyers of America. Board and Executive Service: Secretary Florida Association of Criminal Defense Lawyers, President Jacksonville Beach Bar Association, past board member Florida Association of Criminal Defense Lawyers, Past President Northeast Florida Association of Criminal Defense Lawyers, Past Chair Jacksonville Bar Association Criminal Law Section. Membership: National Association of Criminal Defense Lawyers, Florida Association of Criminal Defense Lawyers, Florida Bar Criminal Law Section, Jacksonville Bar Association. Bar admissions: Florida, Washington DC, the Eleventh Circuit Court of Appeals, Middle and Northern Federal District Courts of Florida. Faculty: Blood Breath & Tears DUI Defense Seminar Chair, Masters of DUI , Gerald T. Bennett Prosecutor/Public Defender Advanced Trial Practice Seminar, Lorman DUI seminar, Published: Strategies for Defending DUI Cases in Florida, Aspatore 2012; Property Crime Defense Strategies Aspatore 2014, DUI Notes column Defender Magazine 2007 -2014. F Words Column Defender Magazine 2014-present
For Those Unable to Attend the Live Seminar
Course Materials and Audio for CLE Credit.
FACDL Members .....$400.65 | Non-Members .....$400.65
Course material prices include all written materials, Audio files of speaker presentations via dropbox and information for posting Continuing Legal Education Credit online with The Florida Bar.