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
|FL||Member in Good Standing||1979||05/16/2022|
|Award name||Grantor||Date Granted|
|AV Preeminent 5.0 out of 5 Peer Review Rated||Martindale-Hubbell||2010|
|Erwin Taylor Award||National College of DUI Defense||2009|
|Founder||The Whited Law Firm||1983 - Present|
|Association name||Position name||Duration|
|Florida Bar||Member||1979 - Present|
|National College of DUI Defense||Founding Member||N/A|
|Florida Association of Criminal Defense Lawyers||Member||N/A|
|Florida Association of Criminal Defense Lawyers (Volusia chapter)||Member||N/A|
|American Bar Association||Member||N/A|
|Martindale-Hubbell (Peer Review Rated)||Member||N/A|
|West Group publication||Drinking/Driving Law Letter||2011|
|Revere Legal||Florida DUI Defense-Law, Tactics&Procedure||1993|
|West Group publication||Drinking/Driving Litigation: Criminal/Civil||1985|
|University of Tennessee College of Law||Juris Doctor||1979|
|Diving Into a DUI/OVI Case||Voire-Dire, Cross-exam and Closing||2011|
|Winning at Every Level||DUI Case Law Update||2011|
|Blood Breath and Tears XVII||DUI Case Law Update||2010|
|Masters of DUI||DUI Case Law Update||2010|
|DWI-Defending With Ingenuity||Cross Examination of Blood Test Expert||2005|
|DWI-Defending With Ingenuity||Legal Update||2003|
|DUI Revolution in Boston||DUI Law Update||2002|
|DWI-Defending With Ingenuity||Legal Update||2001|
|Winter Session||15 Most Important, Weird, Funny, Best and Worst DUI Cases||2001|
|Dobrin v. State 874 So.2d 1171||License suspension overturned.|
|Cuda v. State 639 So.2d 22||Motion to Dismiss granted. The Florida Legislature amended the statute the very next year.|
|State v. Mehl 632 So.2d 593||The Supreme Court ordered FDLE to enact regulations to ensure the accuracy of blood alcohol testing.|
|Robertson v. State 604 So.2d 783||Predicates established.|
Posted by Susan
June 28, 2016
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