Miami DUI Attorney Blog

Miami Beach Brazilian-born artist Romero Britto whose pervasive paintings and sculptures embellish the walls from Metrorail stations to malls, has been arrested on a DUI charge.

Britto an accomplished artist rose to acclaim in South Florida due to his paintings of figures and animals in bold and vibrant colors, outlined in thick black.  His style often combines neo-pop and cubism, which engage in numerous mediums, to include serigraphs, and acrylic on canvas sculptures. He has been accredited for creating images for Pepsi-Cola, Absolut Vodka, the Smithsonian Institution, St. Jude's Hospital and St. Christopher's Children's Hospital.

Miami Beach Police stated that Britto's black 2001 Bentley crossed into the left lane on more than one occasion, that he had almost struck another vehicle while driving in the 500 Block of Washington Avenue.  Officer P. Soccarras the arresting officer administered on the scene breathalyzer tests which recorded that Britto was twice the legal limit.  Soccarras also noted that he described Britto as having "a flushed face, bloodshot watery eyes, slurred speech, and a strong odor of an alcoholic beverage on his breath."  Furthermore "he did not perform the standards" during the roadside sobriety check. 

A roadside sobriety check consists of challenges relative to the driver's physical coordination, mental alertness, and the ability to follow instruction.  It is believed that if a driver has a blood alcohol concentration of about .08% then he/she will not be able to pass the test, and the presence of too much alcohol or drugs in the body significantly impairs a driver's mental and physical abilities. These tests are conducted on the side of the road or highway by where the driver was pulled over. 

If you or someone you know has been charged with a DUI in Florida, you should know your rights and retain an experienced and skilled defense lawyer to evaluate your case.  The penalties for Driving Under  the Influence of alcohol and/or drugs are extremely severe which can include jail time, costly fines, and a lengthy driver's license suspension.  When you are granted the privilege of having your driver's license reinstated, you could end up paying an astronomical amount in insurance premiums.

Contact MUSCA Law before exposing yourself to unyielding penalties.  John Musca is an aggressive and experienced Florida DUI Criminal Attorney who knows how the system works and how to build a felicitous defense for you.

With the growth and popularity of our waterways, the crime of boating under the influence is fast becoming a common criminal offense. Robert Ray Huizenga, the son of former Miami Dolphins owner, H. Wayne Huizenga, was recently arrested and charged with this crime. The Police arrived on the scene after a woman called 911 claiming two unidentified men tried open a locked door to her home. Officers found another man, Patrick Stewart, on the victim's property and Huizenga waiting in the water on a 2005 Jupiter Marine boat.

It took Huizenga several tries to successfully toss officers a rope to the dock. The officers claimed Huizenga smelled of alcohol, slurred his speech and had difficult behavior. He believed that the victim's house was his own. Huizenga refused to submit to alcohol testing and was subsequently arrested. He now faces charges of boating under the influence and refusal to submit to an alcohol test. Officers arrested Stewart for possession of marijuana, possession of a controlled substance and trespassing.

 

 

Continue reading "Son of Former Miami Dolphins Owner Arrested for BUI" »

Celebrity dealings with the law have become a staple in the news and current events. This most recent celebrity arrest occurred in our own backyard. The star of the USA Network hit show, "Burn Notice", was arrested last week on charges of DUI in Miami Beach. Actor, Jeffrey Donovan, was traveling on Pine Tree Drive when he violently swerved to avoid hitting a car stopped in front of him. The car that Donovan almost slammed into was not your run of the mill tourist; the car belonged to a Miami Beach cop.

Donovan allegedly confessed not seeing the red light or the police cruiser. The actor failed Field Sobriety Testing and refused to submit to a Breathalyzer Test. The arrest report indicated the star also made the following incriminating statements to the Officer: "I really think that I am only borderline and not too drunk," and "The only mistake I made was drinking Benadryl with three glasses of wine." Officers arrested the star and charged him with his first offense of DUI. Donovan is currently out of jail on bond, awaiting trial and facing a maximum sentence of six months in jail, if convicted.

A Driving Under the Influence charge is not to be taken lightly. A convicted offender faces possible jail time, Officer monitored probation, loss of driving privileges, substance abuse counseling and heavy fines. The offender also has to deal with the personal repercussions of a criminal conviction. This may effect their employment and relationships with their family and friends.

I do not represent Mr. Donovan in his criminal Miami DUI case. If you have been arrested on charges of Driving Under the Influence, contact an experienced Miami Drunk Driving Attorney who will stand in your corner and fight the charges against you. Do not let these serious charges take control of your life, you are innocent until proven guilty in a Court of Law.

 

Broward County, Florida. Former major leaguer, Jim Leyritz, is accused of causing an alcohol related crash in Ft. Lauderdale in 2007. Authorities claim that the former Yankee drove his sport utility vehicle through a red light and collided with another driver. The victim later died at the hospital. Leyritz had a blood alcohol level of .14; almost twice the legal limit of .08. Test results showed that the victim's blood alcohol level was also elevated over the legal limit. Police arrested Leyritz and charged him with DUI manslaughter. He is currently out on bond and faces a maximum sentence of 15 years in prison if convicted. Trial is set for September of this year.

Leyritz is a well known baseball player. He has played for six different professional teams for a total of eleven seasons. Attorney John Musca questions whether it is possible for celebrities to receive a fair trial as granted to all Americans by our fore fathers.

The Sixth Amendment of the U.S. Constitution and Bill of Rights states that each American has the right to a fair, speedy trial with an impartial jury in a Court of law. With news that travels as fast as the internet and mainstream media that is hungry for the latest story, privacy is hard to come by for a celebrity. Judges are forced to juggle the sixth amendment rights of the accused with the first amendment rights of the media: the right to freedom of speech and press.

 

Continue reading "Can Former Yankee Receive a Fair Trial for DUI Manslaughter Charge?" »

Xanax-fueled cases of driving under the influence have been in the spotlight more and more over the last couple of years, says Miami DUI Lawyer John Musca. Xanax is a prescription anxiety disorder which is also sold on the street and taken for recreational purposes. The anxiety medication is potentially capable of causing DUI by itself, especially when taken in large doses, but is especially prone to interacting with alcohol and causing a problem. Doctors often prescribe the medication specifically to treat patients who suffer from panic attacks or panic disorders.

Xanax and other prescription medications can have an effect on how alcohol impacts the body from a physical perspective. The Xanax can intensify the impairment of alcohol, leading drivers who have taken the anxiety medicine more impaired after fewer drinks than they would be normally. That means that a woman who had two glasses of wine with dinner might typically not feel too impaired to operate her motor vehicle after that meal could end up with a DUI if the wine was drunk in conjunction with taking Xanax - even if she had a prescription from a physician for the medication.

Florida police officers report that they are pulling over an increasing number of motorists who are driving under the influence of alcohol and Xanax together, rather than just alcohol. In 2008, law enforcement officials from Pinellas County found only four DUI suspects also tested positive for Xanax at the time of their arrest. Ten years later, the law enforcement officers reported 177 DUI suspects believe to be under the influence of both substances. It has become one of the most common drugs drivers are found to be under the influence of when they are arrested for DUI. Cocaine and marijuana are also found in suspects' bodies with some frequency, according to police who regularly make criminal traffic arrests.

John Musca, the renowned Miami DUI Defense Lawyer, has learned that rapper Pitbull was found not guilty of a driving under the influence charge. Pitbull, whose real name is Armando Perez, produces rap in Spanish and English as a Cuban-American artist who is particularly well known in south Florida. He was arrested in December 2007 when he was driving his silver Mercedes in Miami. Perez was pulled over in a routine traffic stop for speeding, because he was driving 93 miles per hour in a 55 mile per hour zone, according to the police report by the law enforcement officer who placed Perez under arrest for DUI.

Pitbull became difficult and the law enforcement official insisted that he exit the car. The rapper reportedly smelled of alcohol, although he was allegedly chewing gum in an effort to mask the liquor odor. Perez also spoke quickly and slurred his words together and his eyes seemed bloodshot, according to the police report. He was asked to perform roadside field sobriety tests, which the police determined that he did not pass. Perez's DUI defense centered on the fact that the roadside tests were administered incorrectly by the law enforcement agency. Rather than judging factors such as the rapper's balance on a flat surface, the tests were administered on a highway ramp, which is an inclined surface that may have played a role in Pitbull's performance on the tests.

After many months of waiting, Perez's trial occurred last week. After deliberating for three hours, the Miami-Dade jury acquitted him of driving under the influence in the 2007 incident. Perez's most recent album is called the Boatlist and he has stated that he intends to be more careful about using alcohol when driving, saying that he will use a professional driver in the future when he goes out for "a social dinner."

Donte Stallworth is a famous former National Football League wide receiver who played with the New Orleans Saints, the Philadelphia Eagles, the New England Patriots, and most recently with the Cleveland Browns during the 2008 season. Stallworth had signed his seven year contract worth $35 million with the Browns before the beginning of the last season, but later suspended indefinitely by the NFL after his criminal issues began, according to Miami DUI defense attorney John Musca. Stallworth was arrested earlier this year and charged with DUI Manslaughter in the death of a man he struck in the early hours of the morning of March 14. Stallworth's blood alcohol concentration was approximately .126 percent, according to testing carried out by law enforcement officers. If the blood test was accurate, his BAC was well in excess of the 0.08 percent level at which the law presumes that he was intoxicated. Stallworth was driving to his Miami home after staying out all night drinking at a fancy Miami Beach club. His victim, a Cuban immigrant, was killed as he crossed the street to catch the bus home to his wife and 15-year-old daughter. The football ex-star has issued a public apology for his actions to the family of Mario Reyes, the accident victim. Stallworth ultimately accepted a DUI Manslaughter plea deal from the State Attorney's Office. In exchange for his guilty plea, he was sentenced to 30 days in jail, as well as a long period of probation and house arrest. Stallworth claimed to have honked his horn and flashed his lights in warning to the pedestrian he struck. He also made the 911 phone call summoning emergency responders to the Macarthur Causeway and submitted to field sobriety tests at the scene of the accident. Stallworth was released from jail today, July 10, after serving just 24 days in prison. He was released prior to the end of his sentence for good behavior, which is a common method employed by corrections authorities to reduce prison overcrowding.

In part two we will discuss the latest news from the Stallworth coverage. Miami DUI attorney John Musca has discussed several high profile celebrity DUI cases because these cases have captured the public's attention on DUI-related issues. In our last article, we discussed a ruling by Miami-Dade Circuit Court Judge Dennis Murphy forbidding the release of a video showing former National Football League player Donte Stallworth hitting and killing pedestrian Mario Reyes. Judge Murphy made his ruling with the support of Miami-Dade State Attorneys and the Reyes family.

Last Tuesday, a representative speaking on Stallworth's behalf acknowledged publicly for the first time that Stallworth had marijuana in his system at the time his vehicle struck Reyes. Previously, the only public knowledge of Stallworth's impairment was that his blood alcohol content was .12, as determined by a blood draw following the crash. Cornwell's statement comes after a story was published in the Miami Herald this week that quoted two unnamed sources who told reporters with that newspaper that Stallworth also tested positive for marijuana at the time of the crash. Additionally, former NFL player Jim Brown had told a Miami area radio station last month that marijuana was present in Stallworth's blood after the crash. It is still unknown how Brown found out this information. Stallworth, who is currently serving 30 days in the Miami-Dade County jail as part of a plea agreement, was suspended indefinitely from the National Football League and now faces another roadblock to his reinstatement in the league after this latest news. The NFL has a substance abuse policy that allows the league to suspend players who test positive for marijuana and other controlled substances. In his public statement, Stallworth's representative said that he hoped the NFL commissioner would base his decision on reinstating Stallworth on existing league policies and that he would consider all the evidence surrounding Stallworth's arrest when making a decision on reinstatement.

The original article is available here.

Part 1: Judge Will Not Release Video of Stallworth's Vehicle Striking and Killing a Pedestrian

A Miami-Dade judge ruled this Thursday that the video showing former NFL star Donte Stallworth hitting and killing pedestrian Mario Reyes with his vehicle should not be released to the public. Circuit Judge Dennis Murphy's ruling came after both the family of the victim and Miami prosecutors had asked him not to release the tape. The judge agreed with their requests, stating that he had the right to forbid the release of the video because it was akin to autopsy photos or crime scene photos, which a judge can restrict under Florida state law. Stallworth, who previously had played for the Cleveland Browns, has been serving his 30 day jail sentence at the Miami-Dade County Jail after pleading guilty to DUI Manslaughter. Though he was sentenced to 30 days in jail Stallworth will only serve 24 additional days in jail. Florida law gives each person incarcerated in jail for 30 days or more 5 days of credit for their time served for every 30 days in jail. Additionally, Judge Murphy agreed to give Stallworth credit for the night he was booked in jail after he was arrested. In addition to serving 30 days in jail Stallworth is required to perform 1,000 hours of community service, serve two years of in home house arrest and eight additional years of probation. Stallworth also reached a financial agreement with the Reyes family to avoid a potential lawsuit related to the DUI. Though terms of the settlement were not disclosed publicly, Stallworth was covered by both a car insurance policy as well as a $5 million "umbrella" insurance policy. Before he was sentenced Stallworth told Judge Murphy that he hoped to get involved in drunk driving education programs.

The original report is available here.