Florida Expert Witness Directory for DUI
In DUI trials in Tampa, FL, the State Attorney's Office will offer expert testimony from the arresting officer who administered the field sobriety exercises or the technician who administered the breath test. DUI defense attorneys are also able to use expert testimony to present their side of the case to the jury.
Expert testimony can be particular important in Florida DUI cases since the jurors are dealing with complex medical and scientific issues that are outside of their common experience, such as field sobriety exercises, drug recognition, breath test machines, or blood test results.
As the Sammis Law Firm our DUI Lawyers in Tampa, Florida take a scholarly approach to DUI defense by relying on expert witnesses in certain cases to testify at trial or pre-trial motions on a variety of issues. Just listing the expert witness even if the case does not ultimately go to trial can be helpful because the expert can often assist the attorney in spotting innovative issues and presenting that information to the prosecutor.
We have seen many difficult DUI cases in which the prosecutor agreed to reduce the charges only after the expert witness was listed in the case. For many of our clients, utilizing expert witness testimony in DUI cases is a very cost effective way of gaining an edge in pre-trial negotiations or preparing the case for trial. Listed below are individuals recognized as expert witnesses or consultants in DUI cases in Florida.
Source Code Litigation
Many attorneys throughout Florida are filing motions to force the State to either hand over the source code of the Intoxilyzer 8000 or go to trial without the breath test results. These motions have been successful in Seminole County, Orange County, and Sarasota County. Many criminal defense attorneys believe it is just a matter of time until the judges in Hillsborough County also take the position that prosecutors in that county must turn over the source code or go to trial without the breath test results. At the Sammis Law Firm, our attorneys are currently in the process of litigating similar motions.
The source code was developed by the manufacturer or the breath test machines used in Florida, C.M.I. The company has stated that the source code consist of approximately 50,000 lines of computer code written an assembly language.
Defense attorneys in Florida have hired the following expert witnesses in the fight to obtain the source code:
Harley R. Myler, Ph.D., P.E.2495 Evalon Street Oaks Historic DistrictBeaumont, Texas 77710Email: h.myler@myler.orgPhone: 409-838-2327 Fax: 713-490-3534Professor & Chair, Department of Electrical Engineering, Lamar University, Beaumont, Texas, and former professor at the University of Central Florida in Orlando. Hired by Stuart Hyman, Esq. to testify about source code issues related to the Intox 8000 in Orange and Seminole County, FL. Read an affidavit explaining his expert opinion on the need to examine the source code to determine whether the machine is accurate and the extent to which it hides flaws in the machine. Harley R. Myler's Expert Testimony on Source Code for the Intoxilyzer 8000.
Expert Witnesses for DUI Cases in Florida
Jay H. Zager, Forensic DUI Consultant
10638 NW 69 St
Parkland, FL 33076
Email: JayHZager@aol.comFormer law enforcement officer in Broward County retired after 15 years. Certified Breath Alcohol Instructor and Certified NHTSA SFST Instructor. DUI Expert and Consultant for forensic DUI investigations, standardized field sobriety exercises, breath testing, and the Intoxilyzer 8000. CMI factory trained on BOTH the Intoxilyzer 8000 and 5000. Repair technician approved by factory.
Rick Swope, Accident Reconstruction and DUI Consultant
Mailing Address:P O Box 290547Davie, FL 33329-0547 Florida Office Address:8211 SW 28 StreetDavie, FL 33328Office (954) 476-7640Fax (954) 476-9224Rick Swope's firm provides vehicle reconstruction analysis where alcohol may have played a factor in a vehicle crash and consulting in the area of DUI field sobriety evaluations and DUI breath testing. Rick Swope is a Former DUI task force officer and SFST Master Instructor.
Charles E. Smith, DUI Expert Witness
DUIexpt@bellsouth.net
Charles E. Smith is a 23 year veteran of the City of Miami Police Department, including 18 years in Traffic Division, accident investigation, and DUI Task Force, involved with Alcohol Testing and DRE program. Offers expert testimony on field sobriety testing, breath test, DRE, and other DUI issues.
Dr. Philip Hayden, Expert Witness for "Use of Force"
Dr. Philip Hayden with Concepts and Tactics for Survival, former Supervisory Special Agent for the FBI, former program manager and tactical instructor at the FBI Academy in Quantico, Virginia, offers services as expert for law enforcement issues such as arrest procedures, tactical training and use of force.
Dr. James Woodford, Ph.D., DUI Expert in Chemistry
Expert Witness based in Chattanooga, TN. Qualified to testify on standardized field sobriety exercises, breath, blood or urine test results showing drugs or alcohol. E-mail: Jameswoodford@comcast.net or Woodford@Mindspring.com, 423-821-1146.
Lawrence Masten - Ph.D., Board Certified in Toxicology
873 West Bay Drive, 186, Largo, FL 33770, 727-595-6575; fax: 727-595-0785; toll free: 866-329-9262; Lwten@sprintmail.com. Expert witness with more than 33 years experience in analysis of blood drawn for legal or hospital purposes used for BAC readings or to show the presence of drugs.