The Firm began as a DUI intensive practice. Mr Canet started his law career in 1983 defending drunk driving cases while working at the Public Defenders Office in Miami. He then moved to private practice and spent part of his career as a partner in the well known DUI defense firm of Essen & Essen. While there he devoted himself to developing expertise in this area. Over the years he has won over a hundred DUI jury trials and has successfully excluded chemical test evidence in over a thousand more. Some of his efforts have resulted in court opinions that have changed the DUI legal landscape.
PUBLICATIONS
Mr Canet, over his years practice, has been invited to write on a variety of topics related to criminal defense issues. His articles have been published as follows:
“Admissibility of ‘Medical Purposes’ Blood Analysis Results”
The Defender, Florida Association of Criminal Defense Lawyers
This was a highly technical paper that addressed the particular problems related to hospital blood draws analyzed for medical purposes but later used by law enforcement and prosecutors in DUI cases. Mr. Canet was able to dissect and discuss at lenght and in detail the legal issues and medical issues created by the introduction of this type of evidence. Mr. Canet felt that this topic deserved discussion because of the infrequent use of this type of evidence. He felt that the infrequent of medical blood tests meant most DUI defense lawyers were ill-equipped to deal with it.
“Challenging Low Sample Volume Results on the Intoxilyzer 5000”
DWI Law & Science Journal, Vol.9, No. 4, April 1994
The low sample volume is a flawed breath test result that has plagued the use of breath testing as a means to determine breath and blood alcohol content. The State of Florida has always had its particular approach towards the use of this type of test result. It was important to recognize that low sample volumes have been universally recognized as unreliable. It was also important to note how the courts in different jurisdictions such as Broward, Miami-Dade and Palm Beach addressed their admissibility.
“Overcoming Obstacles Presented By Direct Breath and Per Se Statutes”
DWI Law & Science Journal, March 1995
This particular paper addressed the emergence of the direct breath amendment to the Florida`DUI statute. Mr. Canet focused on the immense challenge this would bring to the defense of any DUI case. It was important to understand how this type of statute operated and the best method for defending against its use. Mr. Canet emphasized that South Florida criminal defense and DUI defense attorneys needed to be aware of the direct breath amendment in its potential for undermining tested DUI defense theories.
“Field Sobriety Exercises: Evaluating the Evaluators”
DWI Law & Science Journal
This article described at length the hearing that took place in Ft. Lauderdale county court in December 1994, seeking to suppress all field sobriety exercises. Mr. Canet had the opportunity to cross examine Dr. Marceline Burns at this hearing. Dr. Burns was one of the directors of the Southern California Research Institute and a nationally recognized expert in the field. The SCRI had been responsible for developing the roadside tests used by police agencies throughout the country. Mr. Canet’s questioning of this witness ultimately led to the exclusion of hundreds of test results in Broward County. Including the Horizontal Gaze Nystagmus test.
TEACHING
Carlos Canet has been a featured speaker at the following criminal defense related seminars:
Blood, Breath & Tears, XXIII, Moderator
Florida Assoc. of Criminal Defense Lawyers
September 16th, 2016
Marijuana Defense
Legal Learning Series July 11th, 2016Masters of DUI
Program Chairman, The Florida Bar April 8th, 2016Blood, Breath & Tears XXII, Speaker
Florida Assoc. of Criminal Defense Lawyers
September 17-18, 2015
"Effective Cross Exmaination" - Masters of DUI, Program Chairman
The Florida Bar March 27th, 2015Blood, Breath & Tears XXI, Speaker
Florida Assoc. of Criminal Defense Lawyers
September 19th, 2014
"Preparing & Executing At Trial" Masters of DUI, Program Chairman
The Florida Bar
February 21st, 2014
"Effective Motion Practice" - Blood, Breath & Tears XIX, Speaker
Florida Assoc. of Criminal Defense Lawyers
September 21, 2012