WEST PALM BEACH, Fla. - John Goodman will spend three days in Tallahassee next month as his attorneys seek to have his blood alcohol tests from his February 2010 accident thrown out.
Goodman was driving a Bentley that crashed into Scott Wilson's car in 2010. Wilson's car went into a canal, causing him to drown.
A jury found Goodman guilty of DUI manslaughter, but the conviction was later dropped after a juror was found guilty of contempt of court.
The Florida Division of Administrative Hearings scheduled the hearing from June 10 through June 12.
Goodman and his attorneys are challenging the Florida Department of Law Enforcement regulations for blood alcohol testing claiming that they are scientifically unsound for a variety of reasons.
Documents filed with the Division of Administrative Hearings states that following the fatal accident in 2010, the nurse who collected Goodman's blood used a very small needle typically used to withdraw blood from infants instead of a larger needle that is supplied in the blood collection kit supplied by law enforcement.
Palm Beach County Circuit Court Judge Jeffrey Colbath who presided over the Goodman trial and is scheduled to hear the retrial approved Goodman's request to appeal the FDLE rules in Tallahassee.
Colbath stated that the court reserves the right to rule on Goodman's motion to exclude the blood test pending the outcome of the proceedings by the Department of Administrative Hearings.
No date has been set yet for Goodman's retrial on DUI manslaughter charges.