Miami DUI Attorney Blog: August 2009 Archives

August 2009 Archives

August 29, 2009

Driver Involved with DUI Death of Broward County Bike Rider

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.

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Posted In: DUI Manslaughter , Miami DUI

August 27, 2009

Rapper Pitbull and Two Time DUI Arrestee receives the Keys to the City

rapper pitbull.jpg In a ceremony set to take place this week, Miami City Commissioner Tomas Regaldo, will hand over keys to the City to a famous former criminal. Rapper Pitbull, or Armando Perez, has twice been arrested for drinking and driving on the streets of Miami. In 2001, Pitbull pled no contest to the first arrest and paid a fine.

During the second arrest, the police clocked the rapper speeding 93 mph on the Palmetto Expressway. The officer reported that he exhibited physical signs of intoxication and refused to participate in a breathalyzer test. A jury found Pitbull not guilty on the charges of DUI.

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Posted In: Miami DUI

August 25, 2009

Judges Toss Out DUI Cases After Faulty Breath Test Machines Discovered

breath test.jpg Broward County judges will have to consider the accuracy of breath test machines after a State inspector has been fired for tampering with them. Florida Department of Law Enforcement fired Sandra Veiga last year for allegedly mishandling the inspections of breath test machines. Veiga admitted to turning off machines that were believed to fail inspections. This could have jeopardized the reliability of the results.

Individual agencies are responsible for performing their own mechanical inspections and then the State comes in for inspections annually. Veiga had been responsible for State inspections for two years in Broward, Miami-Dade and Monroe counties. Miami DUI defense attorneys question the accuracy of the evidence obtained by the breath test machines. Last week 33 defense attorneys on behalf of over 150 Miami DUI clients challenged the validity of the breath test in Court.

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Posted In: Breath Testing , DUI DISMISSED! , Miami DUI

August 19, 2009

Miami- Five Injured In a Police Involved Accident

Miami- Five injured in a police involved accident. Another example of how dangerous every day driving can be. While on a routine patrol, three undercover Miami Police Officers were struck by a pick up truck when it pulled out of a shopping center violating the right of way, causing a collision with the unmarked car.

The impact took place in the middle of North West 7th Avenue. Miami police immediately cornered off the scene to include shutting off North West 7th at Little River Drive.

"What upset everybody the most is that when the police arrived on the scene, they rushed to the police's aid instead of the victim's accident, and they were more injured, than the police officer's."

According to witnesses the two civilians that were in the truck had been ejected from the vehicle. "When we walked over, there were two people in the street, a lady and a guy that were badly injured. The guy's arm was hurt and the lady had a gash."

Two civilians and one officer are listed as trauma patients at the Jackson Memorial Hospital while an investigation is pending.

According to statistics being injured in an automobile accident is one of the most likely occurrences to happen in your lifetime. Regrettably, other than being an unparalleled driver, there's not much that can change the statistics. With the amount of vehicles that are on the roadways, vehicular and pedestrian accidents are bound to happen. In addition, adding alcohol to the mix can create a serious criminal charge. In the event that you are charged with a DUI it is important that you contact a qualified DUI defense attorney.

If you or someone that you know has been in an accident, with or without a DUI charge it is imperative that you protect yourself and your rights by contacting MUSCA Law where we can help review your case and begin building a comprehensive defense strategy. MUSCA Law will aggressively represent you with realistic advice that will achieve the best possible results.

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Posted In: Miami DUI

August 19, 2009

Know Your Limits - Are You Over The DUI Limit

Impaired driving is one of Florida's largest social issues.   In 2008 there were 2,978 fatalities on Florida roadways that were alcohol related.

Although most people do not intend to drive home drunk there is no easy answer to know if you are over the limit. There is no way to unequivocally answer this. There are a large number of factors to add into the equation where someone can drink but still remain under the legal limit.   Dependent upon the drink consumed, the amount consumed, weight, ones age, and metabolism. However, every drink that you consume can affect your degree of impairment.

You may know that you are impaired in some way by alcohol the night prior, but what about the morning after. It is far more complex to know if you are safe to get behind the wheel the following day.   It is just as crucial that people are aware of how long alcohol can stay in your system. Clearly if you are taking in more alcohol then your body is getting rid of chances are you will not be fit to drive the morning after.

The paramount answer would be to not drink and drive. Florida has stringent laws which prohibit driving while intoxicated.   In short, first and second offenses are misdemeanors, third or subsequent offense is a third degree felony. However, your driver's license can be immediately suspended for six months on the first offense to include high administrative fees.

If you refuse a breathalyzer test, per Florida law your driver's license is suspended for one year as of the arrest date to include administrative fees. A possible six month jail sentence on the first offense including astronomical fees, second offense could get you a conviction of nine months in jail plus additional fees. A third arrest can afford you a twelve month jail sentence, with thirty days of the jail sentence being mandatory, vehicle impoundment of ninety days and further fees as ordered.   Expect a significant increase in your motor vehicle insurance, thus finding competitive quotes will be difficult as insurance companies are hesitant in taking the risk of insuring a driver with a history of a DUI conviction.

If you have been arrested on DUI charges, it is important for you to retain an aggressive and experienced Florida DUI Criminal Defense Attorney who has the know how to build s successful defense that works for you. Attorney John Musca is an experienced DUI criminal defense attorney that will work diligently to protect your rights.

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Posted In: Miami DUI

August 4, 2009

Attorney John Musca Comments on Stallworth DUI Conviction

MIAMI- Cleveland Browns wide receiver Donte' Stallworth, 28, has been suspended indefinitely by the NFL. Stallworth who had signed a seven year, $35 million contract with the Browns was arrested on March 14 after he struck and killed a pedestrian while under the influence of alcohol.

Stallworth who met up with fellow Browns receiver Braylon Edwards, 26, at the Miami Beach Club consumed tequila shots from Edward's table to include shots that he had bought. After leaving the Club, Stallworth proceeded home to his Miami Condominium for a nap, where he made the decision to go out for breakfast. This is when Stallworth while driving his 2005 Bentley struck and killed pedestrian Mario Reyes who was leaving his job as a crane operator.

When questioned by Miami Beach police if he was intoxicated, Stallworth stated: "No, sir." That he had been drinking shots of tequila "Three, four at the most," "I wasn't really counting."However, in a statement made by Edwards he and Stallworth were drinking earlier in the day poolside at the hotel before they met up later at the Miami Beach Club. Stallworth's credit card receipts show purchases of a $375 bottle of Patron Silver and $90 worth of tequila shots. Edward's purchases showed $3,443 in alcohol ranging from Grey Goose Vodka to Perrier-Jouet Rose Champagne. Stallworth stated that he had consumed tequila that Edward's had purchased to include that of his own purchases.

In a toxicology analysis report it was established that Stallworth tested positive for marijuana. No mention of marijuana use was made by Stallworth or Edwards.

Stallworth received a 30 day jail sentence where he served only 28 days after pleading guilty to DUI manslaughter. An unspecified financial agreement was also met by Stallworth and the Reyes family, thus resulting in his light jail sentence.

When faced with serious DUI charges which include manslaughter, it is imperative to retain experienced and aggressive DUI Criminal Defense lawyers to conserve your constitutional rights and compass the best possible outcome.

Musca Law provides experienced DUI and Criminal Defense Attorneys who investigate exhaustively to build an effective case for their clients. 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 field tests. Simply be polite, provide accurate documents and call Musca Law. Being arrested does not mean that you will be convicted!