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Flem Kanan Whited III

Flem Kanan Whited III

Practice areas:

DUI & DWI, Criminal Defense

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About Me

Mr. Whited was born and raised in East Tennessee. Shortly after
graduating from high school, he joined the Air Force where he served for
four years as an air policeman. After his discharge from the Air Force,
he worked and obtained his undergraduate degree from East Tennessee
State College and law degree from the University of Tennessee in
Knoxville, Tennessee in 1978.


He moved to Daytona Beach, Florida after law school. Having
worked for two small law firms, he realized he did not take orders very
well. He opened his own firm in 1983 and has been selfemployed ever
since. Early on in his legal career he was successful in excluding the
Smith & Wesson Breathalyzer Model 900A from evidence based on the
failure of the local police agency to properly follow manufacturer’s
instructions to detect radio frequency interference. This led to a major
article in his local newspaper. This, of course, led to many people
requesting his services.


A few years later, Mr. Whited led the challenge to the
Intoximeter 3000 breath test machine. He alleged and proved that the
machine had been modified from the original version approved by the
State of Florida. A local trial judge excluded the machine from
evidence. Mr. Whited was retained by numerous persons and law firms all
over the state to mount similar challenges in their counties. The state
appealed the granting of the motion in Volusia County and the appellate
court affirmed the suppression of the evidence. Based on this case,
allegations of modifications of various breath testing machines resulted
in thousands of breath test results being thrown out of court.


Mr. Whited was recommended to the Florida Bar Association as a
speaker at a DUI defense seminar they were sponsoring. Since that first
program in 1986 until the present, Mr. Whited has spoken at over 150
seminars in over 30 states. See "DUI Defense Training" for more details.


Mr. Whited has been retained to defend lawyers, doctors, CEOs
of major corporations, professional athletes, rock stars, a former
United States Ambassador and a whole lot of just plain ole good folks.
Mr. Whited is a member of the Florida Bar Association, National
Association of Criminal Defense Lawyers and Florida Association of
Criminal Defense Lawyers. He is a fellow of the National College for DUI
Defense.


Mr. Whited is "av" rated with Martindale-Hubbell. This is the
highest rating an attorney can achieve, signifying "very high to
preeminent" legal ability and "very high" ethical standards.


Mr. Whited is also certified as a DUI Specialist in the American Bar Association and the National College for DUI Defense.


Certified Legal Specialties


DUI Specialist, American Bar Association


DUI Defense, National College

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Photos and Videos

1254875 1308384098

Practice Areas

Licensed since 1979

  1. DUI & DWI: 80%
    37 years
  2. Criminal Defense: 20%
    37 years

Payment

Fees:

Free Consultation (30 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

1 total 

  • Robert W. Chestney

    F. K. Whited is one of the best DUI lawyers in America. His victories are legendary, and his knowledge of the law is unsurpassed. I am proud to have been his good friend and colleague for many years, and I have benefited from that relationship greatly, both personally and professionally.

    More 

    Robert Chestney DUI & DWI Attorney
    Relationship: Fellow lawyer in community

Contact Info

630 N Wild Olive Ave Ste A
Daytona Beach, FL, 321183843

Resume

License

StateStatusAcquiredUpdated
FLMember in Good Standing197908/12/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.

Avvo Contributions

Legal Answers

Awards

Award NameGrantorDate Granted
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2010
Erwin Taylor AwardNational College of DUI Defense2009

Work Experience

TitleCompany NameDuration
FounderThe Whited Law Firm1983 - Present

Associations

Association NamePosition NameDuration
Florida BarMember1979 - Present
National College of DUI DefenseFounding MemberN/A
Florida Association of Criminal Defense LawyersMemberN/A
Florida Association of Criminal Defense Lawyers (Volusia chapter)MemberN/A
American Bar AssociationMemberN/A
Martindale-Hubbell (Peer Review Rated)MemberN/A
Super LawyersMemberN/A

Legal Cases

Case NameOutcome
Dobrin v. State 874 So.2d 1171License suspension overturned.
Cuda v. State 639 So.2d 22Motion to Dismiss granted. The Florida Legislature amended the statute the very next year.
State v. Mehl 632 So.2d 593The Supreme Court ordered FDLE to enact regulations to ensure the accuracy of blood alcohol testing.

See all Legal Cases 

Publications

Publication NameTitleDate
West Group publicationDrinking/Driving Law Letter2011
Revere LegalFlorida DUI Defense-Law, Tactics&Procedure1993
West Group publicationDrinking/Driving Litigation: Criminal/Civil1985

Education

School NameMajorDegreeGraduated
University of Tennessee College of LawLawJuris Doctor1979

Speaking Engagements

Conference NameTitleDate
Winning at Every LevelDUI Case Law Update2011
Diving Into a DUI/OVI CaseVoire-Dire, Cross-exam and Closing2011
Masters of DUIDUI Case Law Update2010
Blood Breath and Tears XVIIDUI Case Law Update2010
DWI-Defending With IngenuityCross Examination of Blood Test Expert2005
DWI-Defending With IngenuityLegal Update2003
DUI Revolution in BostonDUI Law Update2002
Winter Session15 Most Important, Weird, Funny, Best and Worst DUI Cases2001
DWI-Defending With IngenuityLegal Update2001