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Case Results

The Importance of a Lawyer Who Knows About Marijuana

July 2014

DUI Drugs reduced to simple (non-impaired) Reckless Driving.  $500 fine and costs.  No probation or other alcohol sanction.

This case came to us about a month ago, when the client sought a second opinion after his first lawyer didn't give him much hope.  He had been stopped following a fender bender in a parking lot.  Given a breath test, he blew .000, but a urine test revealed a marijuana metabolite in his system.

His first lawyer was quite concerned about the marijuana metabolite.  We recognized that it actually proved that the client was sober.  It was a non-impairing by-product of marijuana, and without the active ingredient, the test proved that our client wasn't impaired by any drug or alcohol.  In other words, the State's own test showed that the client was not guilty of impaired driving.  We discuss this more fully here.

This is a perfect example of a case where engaging a DUI specialist made a big difference.  Once our office pointed out the problems with the case, the prosecutor, who was insisting on a DUI conviction, changed her mind and reduced the charge.

In a perfect world, we would have fought the case and probably would have won it outright, but other considerations in the client's life made it prudent to resolve the case with a negotiated plea.  Nonetheless, it was a satisfying victory that could not have been won without a knowledge of biochemistry.

Practice area(s): DUI / DWI

Court: Sarasota County

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.