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Author Archives: David Katz

David Katz
David Katz is one of only 3 Board Certified DUI Defense Experts practicing in the State of Florida. David achieved recognition asa DUI Defense Expert in July of 2012 from the National College for DUI Defense, the only organizations accredited by the American Bar Association to award Board Certification in the area of DUI Defense. A founding partner of Katz & Phillips, P.A., David Katz is a former Assistant State Attorney and DUI / Intoxilyzer Lead Attorney with the Seminole County State Attorney’s Office. David has prosecuted cases in both Orange and Seminole Counties. Chosen by the Florida Prosecuting Attorney’s Association, David taught DUI trial skills to new prosecutors statewide. As the Seminole County Intoxilyzer Lead Attorney he received unique training and experience with the Intoxilyzer 8000, including access to the manufacturer of the device, which he now uses to aid in the defense of DUI cases. David has been the featured speaker at Continuing Legal Education Seminars focused on DUI Defense, lecturing to attorneys practicing DUI defense throughout the country. David is also the author or co-author of seven books on DUI defense including three Inside the Minds series books focusing on DUI cases. As a defense attorney David has focused his practice on DUI defense and has played a key role in the suppression of thousands of breath test results in Central Florida and surrounding areas, acting as the lead attorney in suppression hearings focusing on source code and machine malfunction issues. David is truly focused on his clients needs. He has received the 2012 AVVO Client Choice Award and the 2013 Client Distinction Award from Martindale-Hubbell. Further, David was recently featured in NEWSWEEK Magazines' 2012 Showcase of Leading Criminal Defense Attorneys. The only dedicated DUI defense attorney to be featured this year. PROFESSIONAL AFFILIATIONS: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association DUI is not recognized as a specialized area of law in Florida, therefore Mr. Katz is not certified as a Specialist by the Florida Bar.

Firm: Katz & Phillips, PA

Areas of Practice: DUI, Criminal Defense

Address: 121 South Orange Ave. Suite 1420 Orlando, Florida 32801

Phone: 866-464-0782

Fax:

Undergraduate:

Law School:

Professional Affiliations: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association

Professional Accomplishments:

Professional Experience:

Additional Education:

If you would like to contact the author, please visit: http://www.orlandocriminalteam.com/


Florida Breath Testers Not Registered

Stephen Daniels of DUI UNDO Consultants has announced a new challenge he discovered while spending time trolling the Florida Administrative Rules regarding breath testing in Florida.  Under Florida Administrative Code section 11D-8 which covers the testing of substances for alcohol in DUI cases, an evidentary breath test instrument must be registered prior to use.  The rules under 11D8-004(4) state that Department Inspectors shall be employed… to register evidentary breath test instruments…  Until the last 30 registrations, all breath test instruments ... Read More »

More Problems with the Alcohol Testing Program in Florida

For years, the State of Florida Alcohol Testing Program, a division of the Florida Department of Law Enforcement has been denying that they possessed the software used in the Intoxilyzer 8000 in Florida.  When the Intoxilyzer 8000 first starting being used in Florida the software in it was version 8100.26.  Many judges throughout the State ordered FDLE to disclose the software in their possession.  In response the State allegedly sent all copies of the software back to CMI, the manufacturer ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

Florida switches from Frye to Daubert

Beginning July 1, 2013 Florida law changed.  Florida had been using the Frye standard; however, we have now switched to what is known as the Daubert standard.  The Daubert standard comes from the Supreme Court’s 1993 decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. The old standard, Frye, focused on the underlying scientific principles looking to see if they are sufficiently established and have gained general acceptance in their field.  Florida’s new law is found in section 90.702 which was ... Read More »

Florida’s Administrative Suspension Process Changes July 1, 2013

In Florida a driver who was arrested for DUI would face an administrative suspension of his or her driving privilege. However, they could challenge this suspension using the “Formal Review” process. If they won they would get their regular license back. However, if they lost, or if they did not challenge the suspension, their privilege to drive would be suspended. If they took the breath test, they would lose their privilege to drive for 6 months. If they refused to ... Read More »

How to Choose the Right Attorney for Your DUI Case.

Many attorneys who practice criminal law also take DUI cases. These “Jacks Of All Trades” may or may not have the knowledge needed to help you in your DUI case. Choosing an attorney who focuses his or her practice on DUI defense may have a significant effect on the outcome of your case. Some states recognize Board Certification in the area of DUI and others do not. It is important that you take the time to interview multiple attorneys before ... Read More »

.02 BAC Violation, Is it a crime??

Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »

To Sleep or Not to Sleep? The DUI Ambien Defense

To Sleep or Not to Sleep? The DUI Ambien Defense By:       David Katz, Esquire  &  Andrew Nickolaou, J.D.             Even non-drinkers could be in danger of being charged with DUI in Florida.  If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »

Florida Fails to Follow Rules for Intoxilyzer Maintainence

Throughout the State of Florida the Intoxilyzer 8000 is the only breath test machine in use. All those arrested for DUI are asked to take a breath test using this machine. To help ensure the accuracy, the State of Florida has enacted rules that must be followed if the prosecution wishes to admit the results using Florida’s Implied Consent Law. When a DUI arrest is made, the driver is taken to a breath testing facility. These facilities are located throughout ... Read More »