Miami DUI Attorney Blog

Florida is a very popular vacation destination for its beaches, night life and tourist attractions. Unfortunately, all of the recreation can often lead to excessive drinking, or the consumption of drugs, and may result in a driving under the influence arrest.

Our client was on vacation in Florida and stopped by police for weaving between lanes. The North Carolina resident failed field sobriety testing and the police placed her under arrest for Driving Under the Influence, Florida Statute 316.193, as well as, issuing a citation for Failure to Maintain a Single Lane. She submitted to a breath test with results of .158 & .168.

Our attorney's negotiated with the State Attorney's office and the State agreed to dismiss the DUI charge. Our client plead to a lesser charge of Reckless Driving. The Failure to Maintain a Single Lane was dismissed completely.

Whether a person is a resident of Florida, or an out-of-state driver, if caught drinking and driving they can face a possible arrest and DUI conviction. Our experienced Miami DUI attorneys strive to  protect the rights of tourist accused of DUI.

A Miami law enforcement officer has resigned her position following allegations about his alcohol usage and the causation of a motor vehicle accident. On the evening of February 25, Sarah-Ann Hoyle, a 24-year-old police officer, was off-duty. She crashed her marked patrol vehicle into a van parked near the intersection of 10th Street and Southwest First Avenue. Although at least one responding police officer reportedly detected the scent of alcohol on Hoyle, the officers did not administer field sobriety tests at the scene of the accident.

Law enforcement officers also did not take a breath sample to determine if she was impaired at the time of the accident. Six hours after the accident, they drew a sample of her blood for "administrative purposes." Police say they did not do so earlier because they did not have probable cause to believe she was impaired at the time of the accident.

When the blood sample was taken, Hoyle's blood alcohol concentration was 0.047 percent, well below the 0.08 percent level at which a driver is presumed to be impaired under the Florida DUI statute. However, the blood sample is likely not particularly informative to her blood alcohol concentration at the time of the accident, beyond simply that it was probably higher. The body metabolizes alcohol in the hours after consumption. At times, a driver's BAC could even rise after the accident, if the alcohol was consumed shortly before driving.

This was the second time Hoyle had crashed a patrol vehicle in the last year. She had been employed with the department since 2006 and an internal investigation determined that the first accident could have been prevented. Regarding her resignation, a police spokesman said, ''This whole thing is unfortunate because she was a smart, good police officer, and I'm sure she'll have a bright future wherever she goes."

A report is available here.



If you have been arrested for driving under the influence, contact the Musca Law Miami office today to discuss your legal rights.

In October of 2007, Catherine Martin, then 17, was driving a car with her 16-year-old sister Carolynne Martin as her passenger. Catherine had been drinking before the accident occurred. According to the police investigation, she ran a stop sign, crashing into a truck driven by Miami firefighter captain Robert Garcia. Garcia, who was the captain of his fire station, was ejected from his car and killed. The passenger in his truck survived the accident. Catherine Martin also survived, with injuries, but her sister Carolynne was killed.

The Miami-Dade State Attorney's Office has investigated the case extensively since the accident and considered bringing DUI Manslaughter charges against Catherine Martin. The teenager admitted to an officer at the scene that she had been drinking and law enforcement officials stated that she smelled of alcohol. Still, the blood samples taken later did not put her blood alcohol concentration at or above 0.08 percent, the level at which state law presumes a driver is too impaired to operate a vehicle. The blood samples showed her blood alcohol concentration ranging from 0.056 to just 0.013. Prosecutors believe her blood alcohol level was probably less than 0.07 percent at the time of the crash. With that in mind, the State Attorney's Office determined that it would be unable to prove the crime of DUI Manslaughter. Captain Garcia's family also apparently requested that the state not prosecute Catherine Martin. Minors, of course, are not legally permitted to consume alcohol.

Now 18 years old, Catherine Martin is in her first year of college and hopes to become a physician. Her mother, Lucia Martin, said of Catherine and the accident that, 'It's not easy on her. She's trying to get by," and described Carolynne as Catherine' s "best friend." Lucia Martin also said that she hopes Captain Garcia's family is doing well and has found "peace with God" regarding the accident and Garcia's death.

An article on this accident is available here.

If you have been arrested for driving under the influence, contact the Miami DUI attorneys at Musca Law as soon as possible after your arrest.

Driving Under the Influence is a serious criminal offense in the State of Florida.  Consequences can include fines, suspension of driver's license, or even jail time. Whether the police had enough evidence to justify a stop, detention, and arrest for a DUI is critical to any case. DUI defense attorneys at Musca Law concentrate on DUI and know the defenses that win. Our team is ready to take on your case and get the justice you deserve by providing a rock solid defense.

The first stage in most DUI cases is the initial traffic stop for a simple traffic infraction, such as the case of our client. He was stopped for speeding after being followed by police traveling 55mph in a 35mph zone. Upon contact the officers noticed signs of impairment including; a strong odor of alcohol, slurred speech and watery eyes. The officers offered our client field sobriety testing and he refused.  An individual has the right to refuse physical sobriety exercises, and should. These "tests" are designed for failure and are often difficult for people to perform when they are sober. Police arrested our client and charged him with DUI, under Fla. Statute 316.193. He refused to submit to a breath test; as a result his driver's license was suspended.

Upon arrest for DUI, or refusal to submit to a breath test, an individual's license will be suspended. Their DUI citation acts as a temporary driver's license. The person has 10 days to file the necessary paperwork to request a hearing from the Department of Safety and Motor Vehicles to challenge the suspension. Failure to request a hearing within that timeframe results in an automatic suspension.

Our attorneys filed the necessary paperwork with the Department of Motor Vehicles on behalf of our client, challenging the suspension of his license. The DMV Hearing Officer agreed with our attorney's argument, finding insufficient evidence to support the suspension of our Client's license, thereby restoring his driving privilege. After aggressive negotiations with the Prosecutor, we convinced the State they would be unable to meet the burden of proof to secure a DUI conviction. The State agreed to dismiss the DUI charge and our client plead to a lesser charge.

The short answer is no. Although law enforcement officers are generally well-meaning and hope to make the Florida roads and highways safer places for everyone, there are a few bad apples in every bunch - even in police departments. In some jurisdictions, the push for more drunk driving arrests has led to internal complaints from other police officers, numerous charges dropped by state attorneys with insufficient evidence, and even lawsuits by innocent people who were falsely accused of driving under the influence.

A few years ago, one such police officer came to light in Florida. Salvatore Mattino, of the North Palm Beach police department, was noted for his consistently high numbers of DUI arrests. Local civic organizations commended him for his service. He received awards for the number of arrests. Inside the police department and even Mattino's own patrol car, however, it appears that things were not as rosy as they seemed.

"Sal Mattino's car stops were very questionable. He's a good person. But just because you're a good person doesn't make you a good tactical police officer," says a former police officer who served alongside Mattino before becoming Palm Beach County Sheriff's deputy, Ira Peskowitz. During one of Mattino's arrests, he fought with another officer about whether to go through with it, and Mattino's supervisor later told him, "I'm tired of officers complaining about you and your DUI arrests."

What was the problem? Apparently, Mattino had brought in a number of suspects, saying that they failed roadside field sobriety tests. When they got to the station, they showed no alcohol in their bodies at all, according to the breathalyzer machine. Nonetheless, some were detained to collect urine samples - which did not show the presence of any intoxicating substance whatsoever.

Whether or not Officer Mattino is overzealous is a matter for the community to consider. In the meantime, it appears that he still serves on the force.

When a motorist is arrested for driving under the influence in the state of Florida, he has many concerns. Posting bond, finding a good DUI defense attorney, and telling his family are just a few of the immediate issues. But what about driving privileges?

Under state law, the Florida Department of the Highway Safety and Motor Vehicles (FDHSMV) suspends driver's licenses of people arrested for DUI, with a 10 day permit to drive. During that period, the drivers can request a formal hearing, with an attorney present, to reinstate driving privileges. Otherwise, the license will generally be suspended for six months or more, depending on the charge, at the conclusion of the 10 days. In Florida, this is known as the 10 day rule, and it is important to contact a DUI lawyer as soon as possible after your arrest in order to fight your driver's license suspension.

But what about the presumption of innocence? If a driver is accused of driving under the influence, it follows that his driver's license should not be suspended until after he is found guilty in a court of law. The presumption of innocence - the notion that a defendant should be considered innocent until he is proven guilty - is a cornerstone of our criminal justice system.

The state gets around this issue by allowing the formal hearing. At the hearing, a person who is employed by the FDHSMV listens to the evidence and comes to a decision. The DUI defendant may be represented by counsel at the hearing. At the end, the adjudicator, who is probably not a lawyer, determines whether the person arrested will be allowed to keep his license or not.

Right now, the Minnesota legislature is considering a measure to require a DUI conviction before the driver's license is suspended. Florida, however, retains the 10 day rule.

If you have been arrested for DUI/DWI in Florida, contact the experienced Miami DUI lawyers at Musca Law to begin preparing your legal defense.

Florida law enforcement officers must justify a DUI arrest with legitimate reasons for making the initial traffic stop. Police will make every observation they can to demonstrate signs of intoxication. These observations are included in their police report and video recorded evidence. Miami DUI defense attorneys at Musca Law fight to protect our client's rights. We carefully examine police reports and other evidence claiming that our client appeared drunk. Common signs of intoxication often have legitimate causes unrelated to drinking alcohol. These underlying causes are among the issues our legal team will aggressively challenge on behalf of our client.

Recently one of our clients was accused of running a stop sign and the police officer claimed he showed signs of impairment. These symptoms included bloodshot eyes and a sway while walking. The officer offered him the opportunity to perform field sobriety tests. Upon completion, our client was arrested and charged with Driving Under the Influence (Fla. Statute 316.193).

Our client was adamant in his claim that he did not run the stop sign. The stop sign is set back and because of overgrown shrubbery, there is poor visibility of oncoming traffic at that intersection. He claimed he needed to pull forward in order to get a clear view before he proceeded.  His blood shot eyes were a result of spending the day swimming and soaking in a hot tub. Our client also suffers a permanent physical disability that affects his walking and creates a sway. The disability also affects his balance and coordination. Based upon these facts we created a strong defense strategy.

Our knowledgeable DUI attorneys successfully convinced the State Attorney that they would be unable to secure a DUI conviction. After extensive negotiations the the DUI was amended to Reckless Driving and the running a stop sign violation was dismissed. Experience Counts!

In 1954, Dr. Robert Borkenstein, an Indiana University professor and former captain with the Indiana state police invented the first breathalyzer device to measure a subject's blood alcohol content. Borkenstein's device worked by using photometry, the measurement of a substance's reaction to light, and chemical oxidation, the measurement of oxygen's reaction to other chemicals, to determine the presence of alcohol in the subject's bloodstream. Modern breathalyzer devices have improved upon Borkenstein's design by using infrared spectrometry, a science which more precisely identifies the presence of alcohol in the subject's blood. One major advantage of Borkenstein's invention was that it was smaller and easier to operate than the earlier devices used to measure a subject's blood alcohol concentration, thus making it better-suited for officers to administer roadside.

With the mass production of this device many states started to pass per se impaired DUI laws. Under a per se law, a driver is presumed to be intoxicated when his blood alcohol concentration is higher than a certain level regardless of how impaired he seems to be or how he performs on his roadside tests. Because the modern breathalyzer device provided a numerical value to represent the driver's impairment it became easier for law enforcement to measure a driver's level of intoxication. Also in the 1950s and 1960s, research began to show how a person's driving ability could become significantly impaired at a level of as low as .04 percent BAC. These developments in the scientific community led to all 50 states passing per se intoxication laws.

Modern breath tests for alcohol are generally divided into two categories: preliminary breath tests and evidentiary breath tests. A preliminary breath test is usually the device a police officer will ask a driver to blow into after he has been stopped. A high reading on a preliminary breath test gives the officer a reason to arrest the driver, but the result is generally not admissible in court. An evidentiary breath test is usually given to the driver once he has been taken to the police station. These tests are considered more reliable and are generally admissible in court. Despite the scientific developments in breath tests, these tests are still far from perfect. Modern breath tests can give improper readings for a number of reasons, such as if they have not been calibrated properly for changing temperatures or if the subject has an irregular breathing pattern.

DUI lawyers are keenly interested in the science behind breath testing to determine blood alcohol concentration. Since the time the automobile became mass produced in this country, workers in the scientific and law enforcement professions have been interested in measuring the amount of alcohol a driver has consumed before getting behind the wheel. Scientists as early as the late 1800s speculated that breath testing would be an effective way to measure a person's blood alcohol content, but it was not until the 1930s that a workable device resembling what we now call a "breathalyzer" was first invented. Breath testing was seen as a more practical and less intrusive way for law enforcement officials to measure a driver's level of intoxication than blood testing. Additionally, many people were concerned about a police officer's ability to administer a blood test without medical personnel present.

The first mass produced product for breath testing was known as a "Drunkometer" and was invented in 1938. The Drunkometer worked by having the motorist release an air sample into a large balloon. The breath sample would then be treated with a chemical compound that would change the color of the solution based on the presence of alcohol. The Drunkometer was a very rudimentary device. Police officers would have to make a subjective judgment about the amount of alcohol in a person's blood based on the color of the solution once it had been treated. A subsequent device, the "Intoximeter," created in 1941, also treated the breath sample with a chemical solution to determine the subject's level of intoxication.

While breath testing can be extremely inaccurate, the technology has certainly advanced beyond roadside balloons. There has been a recent push for more blood testing, due to the higher rates of accuracy, but the blood test seems to cause higher rates of refusal and is difficult for police officers rather than medical staff to administer.

If you have been arrested for driving under the influence of alcohol or drugs, contact the attorneys at Musca Law.

Our client was driving home at midnight and his vehicle was followed by the police for 2 miles. The police felt his vehicle was weaving between lanes and traveling at increasing and decreasing speeds. His vehicle was stopped by the police, as they suspected alcohol intoxication. Our client complied with the officer's request to perform roadside field sobriety tests.

According to the officer who administered the tests, our client's performance was below the standard and he was arrested for Driving Under the Influence, under Fla. Statute 316.193. He was also issued an Open Container violation because he had an open can of beer in his car. Our client refused to take a breath test and was charged with Refusal to Submit, under Fla. Statute 316.1932.

By taking an aggressive stance for our client, we pushed forward negotiating with the State Attorney assigned to his case. Our highly skilled DUI defense team challenged whether or not the officers had probable cause to make the initial stop. We also challenged his refusal to submit to a breath test. The State agreed with our argument and reduced the DUI charge to Reckless Driving.  The Refusal to Submit charge was dismissed completely.

Miami DUI defense attorneys at Musca Law are extremely knowledgeable in defending breath and blood test refusals, and can also help drivers who have failed field sobriety tests. Having a skilled criminal defense lawyer to assert your rights can make the difference in the penalties imposed for a DUI arrest.

 

Unfortunately, DUI arrests occur every day throughout the country. We selected a few of the more notable ones to discuss here.

A police officer in Montgomery, Alabama is facing a charge of driving under the influence after wrecking a patrol car. Corporal Fernando Martinez was charged over the weekend after the police department received a call about a crash at the Capital Beltway at approximately 11:00 p.m. The officer had driven the patrol car into a concrete structure. The car sustained only minor injuries, but fellow police officers administered field sobriety tests after detecting the smell of alcohol on Cpl. Martinez. Martinez, who has been a police officer in Montgomery for more than three decades, was suspended for the duration of an investigation into the incident. He was off-duty at the time of the accident.

A woman in heavily flooded Fargo, North Dakota has been charged with DUI after she nearly immersed herself in the water. Law enforcement official in North Dakota say that Vicki Bates, 49, tried to drive her vehicle onto a levee over the weekend. Fortunately, the van got stuck on the clay levee, and Bates was unable to proceed driving on it. If she had succeeded, she would have likely driven the van over the edge and into the floodwater. The levee did not sustain any damage from the incident and Bates has been released to await trial. Bates resides in nearby Dilworth, Minnesota.

If you have been arrested for driving under the influence of alcohol or drugs, vehicular homicide, DUI manslaughter, or DUI with Serious Bodily Injury, consult the Miami DUI lawyers at Musca Law as soon as possible to discuss your defense. With decades of experience in DUI and criminal defense, our legal team is prepared to mount an aggressive defense, regardless of the charges you face.

Original articles are available here and here.

On Sunday, November 19, 2006, the Miami Dolphins played the Minnesota Vikings at Dolphin Stadium. The Dolphins won 24-20 over the Vikings. David Whiting, who is now 50, was a big fan. He drank beer at the game and then got on I-95 North to head home to West Palm Beach. On the way, he caused an accident. The other vehicle was driven by Boca Raton father was traveling with several of his small children, none older than eight, and two child-care workers. The family had spent the afternoon at Butterfly World, a Broward County attraction that houses thousands of butterflies. The father and his two-year-old were killed. Whiting was subsequently charged with two counts of DUI manslaughter for causing their deaths. He pleaded no contest to the charges and was sentenced last week.

Paramedics who responded to the scene testified at the sentencing hearing. One overheard Whiting make a phone call to his mother, informing her that he had been in an accident and that he would therefore be late for dinner. He reportedly told her that "somebody died...but at least the Dolphins won." A different paramedic noted that Whiting seemed primarily interested in the fact that the Dolphins won that day. A scientist testified regarding the amount of beer Whiting would have had to have prior to driving that day - in the toxicologist's estimate, 10 or 11 beers to reach 0.22 percent blood alcohol concentration.

Whiting was out on bail for the DUI manslaughter charges for awhile, but had been in jail since June 2007 after picking up another DUI charge while released. He asked the judge to be lenient, saying, "[e]very day I live with this in my head and my heart."

The minimum sentence for the deaths is 33 years in prison, in accordance with state sentencing guidelines. After listening to substantial amounts of emotional testimony from several people, including the victims' family, the judge sentencing Whiting to 35 years of imprisonment. The victims' family had requested life imprisonment.



Original articles on this incident are available here and here.

A 1995 white Mercedes with Florida tags caught the attention of the police as it seemed to be speeding. The police decided to follow the vehicle. A few blocks later, they witnessed the driver attempting to make a left hand turn. The driver misjudged the turn and hit the cement curbing. His car landed in shrubbery and he was a bit dazed by the mishap. The police officers made contact with the driver and noticed a strong odor of alcohol along with slurred speech. The driver refused field sobriety tests and refused to take a breath test. He was arrested and charged with Driving Under the Influence (DUI), DUI with Property Damage, and Refusal to Submit to Breath Test.

The Miami DUI attorneys at Musca Law consistently provide winning legal defense strategies to clients who are facing serious DUI charges. Our success is based upon prompt investigation of the facts involved and an aggressive challenge to the evidence against our client.

In this DUI case, we recognize that research conducted by the National Highway Traffic Administration does not include speeding as a possible symptom of DUI. Because of quicker judgment and reflexes involved, speeding may indicate sobriety. Unlike the breath test, where refusal to submit may have serious consequences, our client had the legal right to refuse field sobriety testing. In most situations, police officers have already made up their mind on a DUI arrest and the sobriety tests are just additional evidence to use against the suspect.

Our experienced DUI defense attorneys successfully convinced the prosecutor that they did not have sufficient evidence to support a DUI conviction against our client. The admissibility of his refusal to submit to a breath test was assertively challenged by our defense team. The State Attorney agreed, and the charge of DUI was broken down to Reckless Driving, whereby adjudication was withheld. In other words there was no conviction! This decision meant our client did not have 4 points assessed to his driving record and did not have to bear the burden of increased insurance rates. The charges of Refusal to Submit, and DUI with Property Damage, were dismissed completely.