Miami DUI Attorney Blog

A Miami musician that was arrested last month after, police alleged that he hit and killed a bicyclist, is back in jail again. The 28 year-old man, who had been charged with DUI manslaughter and vehicular homicide, was released from jail on $100,000 bond.  

The musician landed himself back in jail, when the state raised questions about his passport. Although, he had surrendered his Venezuelan passport, there were questions raised, as to whether or not he holds an Argentine passport as well.  He is accused of misleading Homeland Security officials, which makes him a flight risk, according to Miami-Dade officials.

The aspiring pop star is considered a danger to the community, and a flight risk, due to a driving record, that consists of 40 incidents.  The Judge agreed with the prosecutions argument and sent the musician back to jail until his trial starts for DUI manslaughter

If you have been charged with a crime and are a foreign national living in the U.S., your criminal case can cause you to be denied a visa, green card or even permanent residency.  A criminal conviction can also lead to deportation.   The criminal defense lawyers at Musca Law have the aggression and experience to successfully represent those accused of a crime from a simple traffic stop to a murder charge .  We have successfully represented clients in Miami and throughout the State of Florida.  Contact Musca Law immediately for a free consultation.

Chris Chelios, former longtime NHL defenseman was recently arrested and charged with driving under the influence according to a police department spokesperson.

Chelios, a US born ice hockey player had played more games in the NHL than any other US born player, in the course of his career.  He played 28 games with the Detroit Red Wings last season however, he failed to sign on to another NHL team, where he is now playing in the AHL (American Hockey League) with the Chicago Wolves.

After Chelio's was observed making an illegal lane change too include speeding, an officer pulled Chelio's over to the side of the road.   He was then subjected to a series of field sobriety tests, before his arrest.  Chelio's breathalyzer results have not yet been released. 

After posting a $300.00 bond Chelio's was released with a court date of February 1, 2010.

DUI cases that involve high profile figures tend to draw a high rate of interest from the general public.  High profile figures such as athletes need to ensure that their rights are protected using every possible avenue where a vigorous defense is needed.

The consequences of a DUI conviction are serious.  If you have been charged with driving under the influence, you should be concerned.  For that reason, it is important that you retain an aggressive DUI Defense Lawyer that understands the complexity of DUI laws. 

If you have been arrested for DUI in Miami or the surrounding area contact Musca Law for a free initial consultation immediately, where a member of their firm will provide you with information and answer all of your DUI questions.

DUI checkpoints and red light cameras have been under the spot light when it comes to our rights under the Constitution of the United States.  

A new technique practiced by local law enforcement agencies has been sprung upon us - "the speeder nabbing white van".   We have entered the practice of the controversial speed trap van that has nabbed over 7,000 speeders since March in one Miami suburb. 

According to one council member who received a ticket earlier this year "that van is bogus" and "there should be signs up warning people".   It has also been stated that the council member was not speeding.

There have been 100 tickets appealed and overturned resulting in a class-action lawsuit claiming the van cannot see who is driving, a claim that has also played an important role in the red light camera class action suit.  There has also been a question relative to the frequent location of the van where the state's Department of Transportation has found to be illegal.

Although the van may be cutting down on speeders, it is also promoting areas where people will no longer travel, claiming that it is not worth driving through.  This was also addressed in a DUI Checkpoint controversy where the checkpoints were continuously conducted in front of the same businesses where the businesses were losing customers.

The monetary benefit alone is an asset to the city itself, so officials are "sticking by the van".

If you need advice about your legal options for resolving speeding tickets or other traffic violations, you need an attorney with the practical understanding of the various procedures involved, an aggressive attorney that will work hard for you. 

Whether your case involves a DUI charge, or a speeding ticket, contact Musca Law for an aggressive defense.

Dade City - A 36 - year old man is accused of driving under the influence of alcohol and hitting a police vehicle.  The man has been charged with DUI and damage to property or to a person.

According to the police report, the cruisers lights were flashing at the time of the crash.  It is unknown if the police vehicle was parked on the shoulder or if the police officer was inside.

An arrest for DUI in Florida has many ramifications.  You could face criminal charges and a potential criminal record, as a conviction for Driving Under the Influence would give you at least a misdemeanor record or in some cases a felony.

From the moment that you are pulled over there are procedures in place that police are required to follow, there has to be a reason as to why you are being stopped.  The Field Sobriety Exercises including the breathalyzer need to be administered properly. 

Attorneys at Musca Law will ensure that the prosecution proves that the procedures were followed.  Frequently it has been discovered that steps were missed or something was done incorrectly, thus resulting in a violation of your rights leaving the case invalid.

If you have been charged with a DUI offense you need a qualified and experienced Miami attorney who will focus on your DUI defense.  An attorney that will make a difference in the outcome of your case, you need Musca Law.

Miami - Ft. Lauderdale - Pompano Beach area have been voted the worst for pedestrians and bikers in a study confirmed and conducted by the non-profit organization Transportation for America.

Due to rapid growth that outpaces non-vehicular infrastructure, minimal public transportation, and weather that promotes walking and biking, South Florida clearly has a dilemma on its hands.

A recent report stated that there were 490 pedestrian deaths in 2008. "As Florida's growth burst at the seams, there just wasn't planning for sidewalks or anything else pedestrian friendly," says Florida Safety Council spokesman Glen Victor. The study conducted by Transportation America had found that 16.9% of Florida traffic deaths were pedestrians, and just 1.5% of Federal transportation funds allocated to the state are spent on pedestrian and bicycle projects.

DUI hit and runs have also played a factor in these deaths. In example; NFL Cleveland Browns wide receiver Donte Stallworth had been charged with DUI in a March 14 car accident where a Florida pedestrian was killed. Stallworth was driving his Bentley on MacArthur Causeway in Miami Beach around 7:15 a.m. when he struck and killed a pedestrian who was walking to catch a bus.

When a driver is involved in an accident, the driver must stop at the scene and exchange information with the other driver, this includes the involvement of a pedestrian where the police should be immediately contacted. A failure to stop at the scene of an accident, when it is reasonably safe to do so, is a criminal offense.

If you would like to find out how an experienced criminal defense firm can protect your rights, then contact Musca Law. Musca Law provides aggressive and dedicated representation to clients facing all types of charges that involve leaving the scene of an accident, including those that involve property damage, injury, or death.

 

Mother of three arrested for DUI faces more charges; child neglect and two counts of contributing to the delinquency of a minor.

After a September arrest on a driving under the influence charge, the mother of three headed back into court on child neglect and contributing to the delinquency of a minor charges.

After several hours of being in the vehicle that their mother was passed out in two children under the age of four left the vehicle and proceeded to walk towards the school their other sibling was at.  A passerby observed the two children as they were walking the white line on a very busy road.  The driver turned their car around and proceeded towards the children where the driver then phoned the police for assistance.

One of the children mentioned that their mother was still in the car sleeping.  The vehicle never left the driveway however, the mother was passed out do to intoxication.  There were four empty wine bottles found in the vehicle by investigators.  The mother was arrested on the scene and charged with driving under the influence of alcohol.  Charges came later relative to child neglect and two counts of contributing to the delinquency of a minor.

After spending a day in jail the woman charged was released on $5,000.00 bail. 

The state of Florida clearly states that police officers can make an immediate DUI arrest where a person who is suspected of being impaired is in physical control of a vehicle, this includes simply being sat behind the wheel with the keys in or out of the ignition.

If you or someone that you know is facing DUI charges, there is no reason to put your rights and future in jeopardy.  Obtaining the legal counsel of a dedicated, aggressive and experienced lawyer is the best thing that you can do to protect yourself or someone that you love from the consequences of a DUI conviction. 

When faced with a DUI charge in Miami, do not trust your case with anyone else! Contact Musca Law today for a consultation at 1-800-687-2252.

While driving a government vehicle a veteran FBI agent was arrested and charged with DUI at a Florida DUI checkpoint. 

Serving as an FBI agent for approximately 23 years, Jorge Miyar, 49, had been arrested at a scheduled DUI checkpoint.  While driving through the designated cones, Myer proceeded to run over a curb.  According to observations made by police, Miyar had signs of impairment and a strong odor of alcohol.

Miyar had engaged in the field sobriety exercises and failed, however, he did refuse to take the breathalyzer test.  He was then arrested and charged with Driving Under the Influence of Alcohol.  Whether a chemical test was mandated, is not known at this time.

According to the police report Miyar had admitted to leaving a party, where he had consumed five beers and a hamburger.  He then proceeded to state that as an FBI agent he would face severe penalties.   Not including legal action, further disciplinary action may be taken by the Federal Bureau of Investigation, as Miyar was driving a government vehicle at the time of his arrest.

At this point there is no information relative to what disciplinary action will be taken. Miyar could be placed on leave while awaiting resolution of the case, or relieved of his duties all together. 

Being stopped and searched arbitrarily is a celebrated practice amidst Florida law enforcement agencies.  DUI checkpoints are a tool used to tighten the grip on those driving while under the influence of alcohol.  Do not plead guilty to any DUI charge. You do not have to answer any questions outside of your name and address.  You do not have to state that you were drinking.  You do not have to be subjected to any form of sobriety testing from breathalyzer to roadside tests field tests.  Simply be polite, provide accurate documents and call Musca Law.

When faced with serious DUI charges, it is imperative to retain experienced and aggressive Miami DUI Criminal Defense Lawyers to conserve your constitutional rights and compass the best possible outcome. Consult a criminal defense attorney who will determine what defenses may be available to you.  Musca Law provides experienced DUI and Criminal Defense Attorneys who investigate exhaustively to build an effective case for their clients.  Being arrested does not mean that you will be convicted! 

 

 

A Broward County mother has been charged with DUI and child neglect after passing out in the driver's seat of the family car. Her two toddlers were later found wandering the streets miles from their home. The mother, 44-year old Brenda Lee Duclos, allegedly under the influence of alcohol, fell asleep behind the wheel in her driveway prior to picking up her eldest child at school.

After a couple of hours, the driver's two younger children, ages 3 and 4, left the vehicle to find their elder sibling. A concerned citizen contacted police after finding the two toddlers walking the streets alone. Officers responded to the scene and found Duclos passed out in the driver's seat of the running vehicle. She refused to submit to breath or sobriety testing and then subsequently arrested on charges of DUI and child neglect.

The toddlers of the children are currently in the custody of their father. The father has stated to Police that he hopes this arrest is a wake-up call for his wife. Duclos has not posted the $5,000 bond and remains inside the Pompano Beach Jail.

Continue reading "Two Toddlers Found Wandering the Street After Mother Passed Out Behind the Wheel" »

Actress Tawny Kitaen has been arrested over the weekend on charges of driving under the influence in California. Newport Beach Police Department pulled over the actress driving her Range Rover. She was stopped at approximately 3 p.m. on Saturday, close to the John Wayne Airport. Officers determined that the 48-year old Kitaen to be under the influence of alcohol and/or drugs and then subsequently arrested on suspicions of DUI. She has posted the $2500 bond and is currently awaiting trial outside of jail.

Kitaen is no stranger to the law or to substance abuse. In November of 2006, law enforcement officers arrested the actress on felony possession of 15 grams of cocaine inside her home. She arranged a plea bargain and entered into rehab in exchange for the State dropping all charges against her.

Kitaen is famous for her role in the 1984 movie Bachelor Party costarring Tom Hanks. She also appeared in 80's rock hair band music videos and married Whitesnake's musician, David Coverdale. Most recently, Kitaen's substance abuse has been displayed to the public on the VH1 hit show Celebrity Rehab hosted by the infamous Dr. Drew.

 

Continue reading "Miami Attorney Musca Discusses DUI Arrest of Tawny Kitaen" »

A Miami man suspected of DUI manslaughter is also wanted in the State of Maryland. This week officers arrested the defendant, 31-year old Robert Jones, for allegedly driving drunk and killing a motorcyclist. Jones took his step daughter to school when hit the motorcyclist victim, 43-year old Eric Maron. He dragged Maron for 180 feet before stopping.

Jones attempted to flee the scene of the crash, but deputies caught up to him. He submitted a breath sample to deputies and blew .236. This amount is almost three times the Florida legal limit for alcohol consumption of .08. Officers charged Jones with two counts of DUI manslaughter and nine traffic violations.

In addition to the most recent Miami DUI case, Jones is wanted in Maryland in connection with another crime of driving under the influence. He violated probation by failing to appear at a hearing in connection to leaving the scene of an accident with injuries. The State of Maryland suspended Jones' license. However, Jones successfully applied for and received a Florida only driver's license. This type of Florida driver's license is normally reserved for snowbirds who wish to keep their primary residence up north due to insurance reasons.

Continue reading "Attorney Musca Discusses Manslaughter Suspect with Warrant in Maryland" »

A suspect from North Miami Beach has been arrested on suspicions of drunk driving with her nine year old son inside the car. At 1 a.m. a St. Lucie County patrol officer clocked the defendant, 43-year old Margie Sanoni, traveling 35 mph on the 70 mph Florida Turnpike. The officer reported that the defendant also had difficulty maintaining a single lane of traffic. Sanoni's 9-year old son sat without his seatbelt in the front seat of the vehicle and "crying hysterically".

The boy explained to authorities that he was frightened because his mother had lost her way and acted confused as to their whereabouts. He also admitted to the officer that Sanoni spent the entire day drinking Corona beer. The boy showed the officer an empty beer bottle on the driver's seat and two full beers on the passenger side floorboard.

The officer arrested Sanoni and charged her with DUI and aggravated child neglect. The defendant has not yet posted the $5,350 bond and is currently awaiting trial inside the St. Lucie County Jail.

 

Continue reading "Miami Beach Mom Charged with DUI with Child in Car" »

An officer with the FBI has been charged with DUI while driving his government vehicle. The twenty three year veteran to the FBI, 49-year old Jorge Miyar, drove into a DUI checkpoint in Oakland Park. Miyar drove between the designated cones and ran over a curb.

The Miami arresting officer reported that the defendant exhibited signs of intoxication, including smelling of alcohol. At first Miyar denied any wrong doing and explained that he ran over the curb because he was unfamiliar with his surroundings. Sometime during the investigation, the defendant allegedly confessed to leaving a party in which he consumed a hamburger and five beers. Police reports also state that Miyar discussed the trouble he was in for driving drunk in a FBI vehicle.

Miyar failed roadside sobriety testing and refused to participate in further breath testing. Officers subsequently arrested the FBI agent on charges of DUI. There is no information on what FBI disciplinary action, if any, will result from these criminal charges against Miyar.

 

Continue reading "FBI Agent Arrested for DUI" »

A Broward County man faces two charges of DUI manslaughter after he allegedly ran a stop sign while under the influence of alcohol. He crashed with another resulting in the crash with another vehicle. The driver submitted a breath test with a blood alcohol content of .11.

The crash occurred at the intersection of SW Second Avenue and West Dixie Highway. The victim of the crash, 54 year old David Rose, later died from his injuries six days later at a hospital in Hollywood, Florida. The death of the victim influenced the DUI charges pending against the driver.

Officers arrested and charged the defendant, 28 year old Robert Marsicano, with two counts of DUI manslaughter. The first count is based on Marsicano allegedly driving while under the influence of alcohol. The second count is based on allegations of the defendant possessing illegal blood alcohol content.

Florida considers the charge of DUI manslaughter a second degree felony. This sentence carries a maximum penalty of 15 years behind bars for each count. Marsicano faces a maximum combined sentence of 30 years in prison if convicted.

 

Continue reading "Driver Charged with 2 Counts of DUI Manslaughter after running Stop Sign" »

 

There has been new evidence introduced into the case against former major leaguer Jim Leyritz. We first brought you this story on July 18, 2009. He faces DUI manslaughter charges and now, two years after the accident, a street lamp video tape has been released of Leyritz driving on the night of the crash.

Prosecutors state that in December 2007, the one-time Yankee ran a red light while driving under the influence of alcohol. He allegedly crashed into the victim, 30-year old and mother of two children, Freidia Veitch of Plantation. There is talk that the video evidence discounts the prosecution's version of the night's events and that the crash may have taken place 10 minutes earlier than originally presumed.

Leyritz has been charged with DUI manslaughter and has been awaiting trial out on bond. He faces a maximum sentence of 15 years in prison if he is convicted. The trial had been originally scheduled for September 18. However, in light of this new evidence brought forth, the case will most likely be postponed until January of 2010.

Continue reading "Attorney Musca Discusses New Evidence in DUI Manslaughter Case Against Leyritz" »

 

A driver hit and killed a Broward County bicyclist over the weekend. A Mercedes traveling north on AIA collided with a bike rider heading the same direction at 12:15 a.m. Emergency services took the victim to Broward General Medical Center where he later died.

The identity of the victim has not been released until next of kin has been notified of his passing. Officers suspect the driver of the vehicle, Melinda O'Donnell, was under the influence at the time of the accident. Officers are treating this incident as a DUI investigation. Charges against O'Donnell are still pending.

 

Continue reading "Driver Involved with DUI Death of Broward County Bike Rider " »