DUI Policy & Procedures: DUI Arrest and Mobile Video Recording Policy and Procedures
 

Were you arrested for DUI/DWI? What was the officer's reason (probable cause, i.e: speeding, weaving, crossing the lane lines) for pulling you over? Did you take the Field Sobriety Tests at roadside?

Does the law Enforcement Agency that arrested you for DUI have ONE OF THE FOLLOWING?

1. DUI ARREST POLICY AND PROCEDURE?
2. MOBILE VIDEO RECORDING POLICY AND PROCEDURE?


 

About Stephen F. Daniels

In March and August of 2007 Stephen F. Daniels received certificates for the Breath Test Operator and Agency Inspector courses offered by  FDLE/ATP** The Breath Test Operator and Agency Inspector training is the same training that law enforcement receives in order to collect evidence to be used as state’s evidence in prosecution for DUI arrests.  Mr. Daniels successfully completed the training courses that were approved by the Criminal Justice Standards and Training Commission (CJSTC) and offered by FDLE/ATP** under the Florida Administrative Code (F.A.C.) 316.193 and 316.1932 and Chapter 11D-8Implied Consent rules and regulations. These rules and regulations govern the procedures involved when an FDLE/ATP** "permitted*" Breath Test Operator gives a evidentiary breath test to a person suspected of driving impaired. These rules also govern how the individual law enforcement's FDLE/ATP** "permitted*" Agency Inspectors check the monthly calibration and accuracy of the Intoxilyzer 8000 which verifies the scientific reliability of that Intoxilyzer 8000 used during evidentiary collection. If there is a problem with the Intoxilyzer 8000 that you tested on, we will find it. If there was a Breath Test Operator or an Agency Inspector procedural error, we will find it. 

Stephen's Certificates:

* Agency Inspector Training
*  Breath Test Operator Training
* SFST DUI Detection & Standardized Field Sobriety Testing

 * (See definition (24) in 11D-8.002 Definitions) The only difference between a certified lay person such as myself, who has taken the FDLE/ATP training courses for a Breath Test Operator or an Agency Inspector and a person who works for a law enforcement agency, is that FDLE/ATP only issues a "permit" to law A person who has been issued a FDLE/ATP "permit" must be employed by a law enforcement personal. The "permit" allows that person to conduct evidentiary breath test on anyone suspected of DUI, or to conduct Agency Inspections and then use the results of those test as evidence against a person charged with DUI under Fla. Stat. 316.193, 316.1932 in a court of law. The lack of that "permit" does not exclude a person such as myself from testifying as an expert witness to the scientific reliability of the Intoxilyzer 8000 with regards to operator error, malfunctions or procedural errors. Everyone who receives a passing score receives a certificate that "certifies" that that person has successfully completed a course "approved" by the Criminal Justice Standards and Training Commission under the authority of F.A.C. per Chp.11D-8 per FDLE/ATP and Ms. Laura D. Barfield, Program Manager for the Alcohol Testing Program.

I Stephen F. Daniels, DO NOT POSSESS nor have I ever been issued a BTO or AI "permit" by FLDE/ATP. I do not work for FDLE/ATP or any law enforcement agency nor have I ever worked for FDLE/ATP or any other law enforcement agency.

**This web page is not to be considered as an endorsement by FDLE/ATP for DUI undo Consultants, LLC, www.DUIundo.com or Stephen F. Daniels or for my services as a DUI Expert Witness/Consultant or as an endorsement for anyone associated with this website. The use of initials FDLE/ATP is only to acknowledge that I, Stephen F. Daniels, have been certified as a Breath Test Operator and Agency Inspector after I attended and successfully passed the FDLE/ATP Breath Test Operator Course and the Agency Inpsector Qualification Course offered at St. Petersburg College Southeastern Public Safety Institute where course instruction and Intoxilyzer 8000 training for law enforcement officers and lay people is conducted under the direction and permission of FDLE/ATP. If you have any questions as to how you can register and take the same courses as I did, please contact Ms. Laura D. Barfield Program Manager for Florida Department of Law Enforcement Alcohol Testing Program @ (850) -617-1275 0r e-mail her @ laurabarfield@fdle.state.fl.us


FDLE/ATP INTOXILYZER 8000 TRAINING COURSES

MARCH 2007 PASSED: THE FDLE/ATP Breath Test Operator Course Approved by CJSTC

AUGUST 2007 PASSED: THE FDLE/ATP Agency Inspector Course Approved by CJSTC


Education:

Bachelor of Arts Eckerd College
Major: Humanities St. Petersburg, Florida
Minor: Criminal Law and Justice May 20, 2007

Training - Certificaiton

- Breath Test Operator St. Petersburg College
Southeastern Public Safety Institute St. Petersburg, Florida
Intoxilyzer 8000 March 14, 2007

- Agency Inspector St. Petersburg College
Southeastern Public Safety Institute St. Petersburg, Florida
Intoxilyzer 8000 August 22, 2007

- Advanced Breath Alcohol/Alcohol Solution
40 Hours Subject Breath Samples Palm City, Florida
February 2009 

- 40 Hours Agency Inspection Test Palm City, Florida
Alcohol Reference Solutions June 2009

PROVIDED EVIDENCE ON THE FOLLOWING BREATH DEVICES

- Intoxilyzer 8000 Florida Software Model
ACKNOWLEDGED AS AN EXPERT ON THE INTOXILYZER 8000 by CMI, INC.

- CMI, INC.'S MOTION TO QUASH ON THE GROUNDS
OF MATERIALITY OR, IN THE ALTERNATIVE, FOR
PROTECTIVE ORDER Case Nos. 7962-XEF,
Filed in the 13th Judicial Circuit County Court November 3, 2010

TESTIFIED IN THE FOLLOWING COURTS

- Brevard County 18th Judicial Circuit County Court
Florida Brevard County, FL

- Hernando County 5th Judicial Circuit County Court Hernando County, FL

- Hillsborough County 13th Judicial Circuit County Court Hillsborough County, FL
Judge James V. Dominguez, Motion To Suppress, GRANTED State v. Swando, Expert Witness/Consultant November 23, 2009
Judge Margaret Courtney, Motion To Suppress, Reserved Ruling
State v. Peters, Expert Witness/Consultant January 11, 2010
Judge Cheryl Thomas, Motion To Suppress,
State v. Crosby, Stipulated Order for Forensic Professional
Expert Witness Fees August 5, 2010
Judge Paul T. Jeske Motion To Suppress
Expert Witness/Consultant September 27, 2010

- Monroe County 16th Judicial Circuit County Court Monroe County, FL
Florida, Judge Perry Fowler Motion To Exclude Breath Test
Results -Yount Ruling Granted, Intoxilyzer 8000 Consultant-
Presented and consulted the court on the HCSO videos January 28-29, 2009

- Okaloosa County 1st Judicial Circuit County Court Okaloosa County, FL  March 28-29. 2009

- Palm Beach County Court 15th Circuit County Court Palm Beach County, FL

- Pasco County 6th Judicial Circuit County Court Pasco County, FL
Florida

- Pinellas County 6th Judicial Circuit County Court Pinellas County, FL
Florida

TESTIFIED IN THE FOLLOWING COURTS

- Polk County 10th Judicial Circuit County Court Polk County, FL
Florida, Judge Robert E. Griffin, Motion To Suppress
Expert Witness/Consultant October 12, 2010

- Collier County 20th Judicial Circuit County Court Collier County, FL
Florida, Judge Mike Carr, Motion To Suppress
Expert Witness/ Consultant November 4, 2010

- Martin County 19th Judicial Circuit County Court Martin County, FL
Florida, Judge Darren Steele, Motion To Suppress
Expert Witness/Consultant November 5, 2010


TESTIFIED IN THE FOLLOWING DHSMV

- Florida Department of Highway Safety and
Motor Vehicles DHSMV / Florida Pinellas County, FL

- Florida Department of Highway Safety and Hillsborough County, FL
Motor Vehicles DHSMV / Florida

PROFESSIONAL ORGANIZATIONS

- Florida Association of Criminal Defense Lawyers
FACDL Student –Member December 2007

- Impaired Operating Experts November 2007

- National Association of  Criminal Defense Lawyers
NACDL Law Student - Member April 2007


COURSES AND SEMINARS

- National Association of Criminal Defense Lawyers
Las Vegas, Nevada
NACDL October 25-27, 2007
SFSTs: Lies, Damn Lies and Statistics – Jim Nesci

- Raising Evidence to the Contrary:
Simulation Studies in Support of DUI Defense - Jan Semenoff
Seminar-Detail Location-Date-Speakers
National Association of Las Vegas, Nevada
Criminal Defense Lawyers NACDL October 25-27, 2007

Workshops Speaker

Jury Insight Project - Barry Simons, Jim Nesci

Winning at Every Level - Flem Whited III

The Top Ten Things You Need to Know about
Breath Alcohol Testing Jan Semenoff
The “Look Good” Cross Terry MacCarthy

Crossing the Breath Test Operator - Steve Jones
Jan Semenoff

Crossing FST's – Intermediate - Lawrence Taylor

Crossing FST's Advanced - Lawrence Taylor
Mike Hawkins

Honing your Cross Examination - Terence MacCarthy

Go to the Source for the Source Code - John Menzel
Evan Levow

Jury Selection - Barry Simons
Tommy Kirk

Seminar-Detail Location-Date-Speakers
Essen and Essen Seminar Strategies Miami, Florida
February 8, 2008

Defending DUI Cases Richard Essen
Intoxilyzer 8000 Overview and Errors Charles E. Smith
Seminar-Detail Location-Date-Speakers
DUI undo Consultants, LLC Clearwater Beach, Florida
Intoxilyzer 8000 Overview June 27, 2008
Florida Bar Approved 9.0 C.L.E.R. Credits

Researching Intoxilyzer 8000 Records
on FDLE/ATP‟s Website & What to Look For Stephen F. Daniels
Intoxilyzer 8000 Overview Charles E. Smith

Seminar-Detail Location-Date-Speakers
Blood, Breath & Tears XV Orlando, Florida
September 25-26, 2008

A Scientific Overview of the Intoxilyzer 8000 Stefan Rose, MD

Continuing Issues in Attacking the Results of the Stuart Hyman
Intoxilyzer 8000 Robert Harrison
DUI Case Law Update Flem K. Whited III

Utilization of Expert Testimony in
Litigating Breath Test Evidence
(Both before and during the trial) Thomas Workman

Field Sobriety Exercise Evidence Phillip Price

DHSMV Hearings David Robbins
Susan Cohen

Cross Examination of Breath test Operator Hoot Crawford

Motion Practice in DUI Cases Eilam Isaak

Blood Testing Issues in DUI Cases Richard Hersch

“The Whole Enchilada:” Handling a DUI Case
From Date of Arrest to the Last Day of Probation Michael Catalano

Seminar-Intoxilyzer 8000 Demonstration Location-Date
Blood, Breath & Tears XV Orlando, Florida
September 24-25, 2008
Intoxilyzer 8000 Testing Sequences: Subject Breath Test,
Non-Ethyl Alcohol Demonstrations (Wonder Bread) and
Mouth Alcohol/Slope Detector Malfunction Demonstrations
Simulated Diabetic Ketoacidosis Demonstrations Stephen F. Daniels

Vero Beach PD Intoxilyzer 8000 Demonstration Vero Beach, FL PD Office April 30, 2009

Intoxilyzer 8000 Testing Sequences, Subject Breath Stephen F. Daniels
Test Malfunctions, Searching FDLE/ATP Records Charles E. Smith
Motion Arguments Mike Kessler, Esq.

Blood, Breath & Tears XVI Orlando, Florida
September 24-25, 2009

Voir Dire in 8000 Easy Steps Hoot Crawford

Overview of Breath Testing Litigation in the Stu Hyman
State of Florida Robert Harrison

Seminar-Detail Location-Date-Speakers
Blood, Breath & Tears XVI Orlando, Florida
September 24-25, 2009
Challenging Breath Test Evidence with the Use of
Expert Testimony, Both Before and During Trial Thomas E. Workman, Jr.

Can‟t Keep it Out-Cross Examination of the
Breath Test Operator Robert Reiff

Effective Pretrial Motions Michael Catalano

Mining the FDLE Website: Knowing What You
Need to Know and How to Find It Richard Hersch

Dealing with Blood Alcohol Dr. Stefan Rose

Seminar-Intoxilyzer 8000 Demonstration Location-Date
Blood, Breath & Tears XVI Orlando, Florida
September 24-25, 2009

Intoxilyzer 8000 Testing Sequences: Subject Breath Test,
Non-Ethyl Alcohol Demonstrations (Wonder Bread) and
Mouth Alcohol/Slope Detector Malfunction Demonstrations Stephen F. Daniels

Seminar-Intoxilyzer 8000 Presentation Location-Date
Blood, Breath & Tears XVII Orlando, Florida
September 23-24, 2010

Effective Cross Examination of a Breath Test Operator and
Agency Inspector (Including Live Demonstration)
Participated in Richard Hersch’s Esq. presentation-demonstration
of a cross examination of a Breath Test Operator and Agency
Inspector with Richard Hersch, Esq. Richard Hersch, Esq.
Stephen F. Daniels

Seminar-Intoxilyzer 8000 Presentation Location-Date
Blood, Breath & Tears XVII Orlando, Florida
September 23-24, 2010
Current Attacks of Breath Testing Litigation in Florida
(Recognition in the presentation content for my work on the
R Value and Missing Cobra Data with Intoxilyzer 8000) Stuart Hyman, Esq. Robert Harrison, Esq.

Seminar-Intoxilyzer 8000 Demonstration Location-Date
Blood, Breath & Tears XVI Orlando, Florida
September 23-24, 2010

Live Demonstrations of Intoxilyzer 8000 Testing Sequences:
100 + Subject Breath Tests with BrAC results, Non-Ethyl
Alcohol Demonstrations (Wonder Bread) and Mouth Alcohol/Slope
Detector Malfunction Demonstrations Stephen F. Daniels


My motto's:

1. I will seek to vindicate (3) you in this court or the next, until your innocence is proved and "JUSTICE" is served.

2. "One reason God created time and case law was so that there would be a place to bury the failures of our past and a wall of honor where the victories of Gladiators live on...!!!

C.E.S. Consulting, Inc.

Mr. Charles E. Smith established C.E.S. Consulting, Inc. in 1996. Charlie is the senior consultant and lead expert witness for DUI undo Consultants, LLC. Mr. Smith was in law enforcement for over 23 years and has been one of Florida's top DUI/BUI/DRE experts for over 11 years. Mr. Smith also has worldwide credibility in the field of DUI/BUI/DRE recognition, consulting and expert witness testimony. Mr. Smith has helped innocent people "PROVE" their innocence in one foreign country, numerous states all across the United States and in over 21 counties in the sunshine State of Florida. Mr. Smith's commitment to helping you prove your innocence is only surpassed by his passion for the truth and "JUSTICE."

For more information on Mr. Charles E. Smith credentials please visit his website @ http://www.duianddreexpert.com/

Tony Corroto

Tony Corroto was a Senior Police Officer with the Atlanta Police Department for over seventeen years spending fourteen of those assigned to the DUI Task Force. He specializes as a Standardized Field Sobriety Testing (SFST) and Drug Recognition Expert (DRE) instructor. He is an instructor for the National Highway Traffic Safety Administration (NHTSA) and has taught DUI and DWI enforcement at the Atlanta Police Academy and the Georgia Public Safety Training Center. Mr. Corroto is an "on call" expert witness for the State of Georgia. Tony has been recognized as an expert witness on over 2,300 DUI cases for the City of Atlanta in one year alone. Over the past eight years he has been listed on over 10,000 DUI cases as an "on call" expert witness. He made over 2,700 arrests for persons driving under the influence while working for the City of Atlanta's DUI Task Force. Now in the private sector he provides DRE/SFST consulting and nationwide expert witness testimony in DUI and DWI cases.

http://www.duiexpertwitness.com/

Computer Forensics
Thomas E. Workman Jr., Esq.

Latest Paper Published By Thomas
MASSACHUSETTS BREATH TESTING FOR ALCOHOL:
A COMPUTER SCIENCE PERSPECTIVE

 

Did you receive a DUI or BUI or DWI?
YOU NEED A GLADIATOR WHO KNOWS WHAT IT TAKES TO WIN...!!!

NEED TO HIRE AN ATTORNEY?
See our "GLADIATOR" DUI ATTORNEY'S section

Teddy Roosevelt summed it up best:

"The credit belongs to the man who is actually in the arena, whose face is marred with sweat and dust and blood... who if he wins, knows the triumph of high achievement and who, if he fails, at least fails while daring greatly, so that his place shall never be with those cold timid souls who know neither victory nor defeat."

Contact Us Today!
 

"Why Call DUI undo?"

Because you can't undo what you don't know how to do.