Case Results

Santa is my Blocking-Back

December 2018

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Tom often tells new clients that he is like a half-back in football, taking the ball and scanning the field for a "hole" to run through. This Christmas season, he used Santa as his blocking back, and got our client's case dismissed in its entirety. 

Our client had given a breath test of .059 (below the legal limit), but refused a urine test for drugs. The only bad driving had been driving too slow in a neighborhood where he was unfamiliar. After the breath test was below the legal limit, the police demanded a urine sample from our client. But they had no legal basis to demand a urine test. Our client had no sign of being on drugs, and had not made any admissions which might cause suspicion. At a pretrial hearing, our client's refusal to give a urine sample was excluded from evidence, along with some badly-administered field sobriety tests. 

So now, all the state had was a driver below the legal limit, who had been driving slowly in an unfamiliar neighborhood. But the best thing was to get the case set for trial next Monday.  December 17.  The week before Christmas.

At the last pre-trial conference, Tom told the State that he wanted a jury or a full dismissal. Our client was willing to gamble that the State would not want to try such a weak case during the week before Christmas, when juries are known to be pretty forgiving. We cautioned our client to be patient, and wait to see what happened. And sure enough, the prosecutor emailed on Wednesday morning that they were dismissing the case entirely, rather than going to trial Monday. 

Thanks to the Santa effect, our client was able to get his case dismissed entirely. It was our eighth outright dismissal of 2018. 

Practice area(s): DUI / DWI

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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.

Board Certification in DUI Defense

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Tom Hudson passed the National Board Certification Examination (written and oral) in Honolulu in 2008, and was recertified in 2013. He was one of the first 50 lawyers granted national board certification in DUI Defense, and is nationally recognized as an authority in DUI law.

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. Florida's State Delegate to the National College for DUI Defense.