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Expertise in DUI Investigation Gets a DUI Case Dropped

June 2016

DUI investigations are very complex.  In fact, other than a homicide case, there is more technical evidence in a DUI than in any other kind of criminal case.  Since 2004, Tom Hudson has been certified as an Instructor in DWI Detection and Standardized Field Sobriety Testing, which is the U.S. Department of Transportation curriculum that police officers must pass before they can be certified as "DUI Officers."  

Knowledge of just what the tests require often helps our clients.  Today, the Manatee State Attorney's Office reduced a DUI case to a Reckless Driving, all because of a detailed email which Tom sent to the prosecutor who would be handling the case.  The email contained quotes from the Department of Transportation manual, along with screen captures showing how the police improperly investigated our client's case.  

For example, one of the tests is the "Horizontal Gaze Nystagmus" test.  It is supposed to measure the jerkiness of a person's eyeballs as they try to track an object moving side to side.  But here's the rub: if the stimulus moves too fast, the eyes cannot move smoothly to follow it.  The video demonstrated that the officer not only moved the stimulus too fast, but had our client facing into oncoming traffic, which prevents the test from being accurate.

Familiarity with the science behind the Standardized Field Sobriety Tests allowed us to show the State that they would not be able to prove a DUI at trial.  For that reason, they reduced the charge to Reckless Driving, and our client was spared a DUI conviction.  

Practice area(s): DUI / DWI

Court: Manatee County Court

Tom Hudson

Known nationwide as a leading DUI defense lawyer, Tom has tried over 350 jury trials, including numerous death penalty cases. He now limits his criminal practice to DUI defense. His civil practice is devoted to getting fair compensation for the victims of negligence. Tom has attained multiple verdicts and settlements in excess of $1 million, and is a Life Member of the Multi-Million Dollar Advocates Forum. In 2008, Tom Hudson passed the National Board Certification Test for DUI Attorneys in Honolulu, Hawaii. NOTE: The State of Florida does not yet recognize DUI defense as a Specialty.

Why We're Different

Board Certification as a DUI Specialist by the National College for DUI Defense. Formal NHTSA Certification as an Instructor of the Standardized Field Sobriety Tests given by police in DUI cases. Formal training as a NHTSA Drug Recognition Evaluator. ("Drug Evaluation & Classification") Formal training to operate the Intoxilyzer 8000, Florida's official breath test instrument. Extensive experience in teaching other attorneys how to handle DUI cases. Hundreds of jury trials both as defense lawyer and as prosecutor.

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