Miami DUI Attorney Blog

A 23-year-old college student Scott Wilson was found dead in his overturned car at the bottom of Wellington canal after his car collided with John Goodman's Bentley around 1 a.m. Friday.  Goodman is the wealthy prominent owner of the International Polo Club of Palm Beach.  After the accident, Goodman was treated for minor injuries and released.  Goodman's attorney released a statement Friday indicating Goodman is cooperating with investigators.

The initial reports from the Sheriff's office indicated that Goodman collided with Wilson's Hundai Sonata after he ran a red light in his black Bentley convertible at 1:05 a.m. Friday.  The preliminary reports indicate that investigators believe alcohol or drugs played a role in the accident.  Sheriff's officials have not said yet whether they will seek criminal charges or even issue criminal citations to Goodman.

Given the wealth and prominence of Goodman, some have questioned whether he is receiving special treatment.  However, John Musca, who routinely handles DUI cases said, "Investigations of suspected drunken-driving cases frequently take weeks if not months, unless the accused is considered a flight risk."  Musca also explained that once somebody has been arrested the prosecution has only 30 days to bring charges and 6 months to bring the defendant to trial.  Said Sheriff's spokesman Teri Barbara, "The public has to give us time to do our investigation.  We have an extensive case to put together."  Barbara also indicated that Goodman's whereabouts after the accident and his blood alcohol content is part of the investigation and could not be released.

Musca said, "It is tough as a defense attorney in a DUI manslaughter cases because you want to get started, but it can take months for authorities to complete witness transcriptions, get blood test results, medical examiner reports and collect and analyze other physical evidence."

Other DUI manslaughter cases serve as examples of the time it can take before formal charges are brought in these cases.  In September 2008, it took 3 months before the Florida Highway Patrol arrested James Donald Baker on charges of DUI manslaughter after a crash where his blood alcohol was .14 percent and he was driving the wrong way on Interstate 95 in Boca Raton.  In another case, Michael Knecht of Jupiter was not arrested for DUI manslaughter until 18 months after his accident.

"You're waiting on that concrete evidence that toxicology reports give you," said Florida Highway Patrol Lt. Tim Frith.  "If you make that initial arrest right away, you are starting that process and starting that time limit.  In a high profile case, you don't want to make a mistake."

 

Continue reading "Miami DUI Attorney on College Student Killed in Collision with Owner of the International Polo Club of Palm Beach " »

Homeland Security officials accused Carlos Bertonatti, a Miami musician facing charges for running over a cyclist last month, of misleading them, which makes him a flight risk according to Miami-Dade prosecutors.  Prosecutors have said that Bertonatti, who shares the same name with his father, would use his father's name to slip out of the country.  Bertonatti surrendered his Venezuelan passport at his bail hearing, but prosecutors argued that he is hiding an Argentinian passport.  Based on this argument, the judge ordered Bertonatti to be taken back into custody and held until his DUI-manslaughter trial starts in May.

Bertonatti was charged last month with vehicular homicide after he crashed into cyclist, Christopher Le Canne, and sped away with Le Canne's bike still wedged under his front fender while Le Canne lay bleeding to death.  Bertonatti sped away and did not stop even when an officer near the scene tried to stop him, said Det. Rebecca Perez, a spokesman for the Miami-Dade Police Department.

At the time of the crash, Le Canne was proceeding east on his bike in the bike lane on Bear Cut Bridge on the Rickenbacker Causeway before Key Biscayne.  Bertonatti was also proceeding east as well as he veered into the bike lane and struck Le Canne.  Bertonatti sped away as a Key Biscayne officer tried to stop Bertonatti just after he crossed the bridge.  He did not stop until he reached the 600 block of Grapetree Drive, near his upscale apartment.  He was taken into custody at that time.  Authorities believe that Bertonatti was both speeding and under the influence of alcohol at the time of the crash.

Another cyclist that witnessed the crash said, "I can't fathom how someone can hit another human being and just take off and leave the person on the side of the road like he had hit a dog."

 

Continue reading "Miami Musician Caught Speeding, Failed Field Sobriety Test, Facing DUI Manslaughter Charges" »

The Third District Court of Appeals in Miami ruled that Archbishop Carroll School is not liable for injuries to a student who was involved in an accident after drinking at a year end party.  The 17 year old's car was split in half when he crashed into a tree going eighty to a hundred miles per hour.  Even two hours after the accident, the student's blood alcohol level was still .08

Because the school was aware of the party, the student and his parents argued the school should be held liable for the accident.  School officials had intercepted invitations to the party and staged a skit called "Busting a Party" to let students know that school officials might appear at the party.  The student's parents argued that because the school knew about the party and that underage students would be drinking, they had a duty to stop the party.

The Court disagreed in reversing a lower court ruling in favor of the student and finding that mere knowledge of the party did not make the school liable.  The Court pointed out that the school never endorsed, sponsored or recognized the party.  Judge Vance Salter wrote, "The party was not school-sanctioned or club-sponsored."  He also pointed out that the school handbook contained a disclaimer in all caps stating that the school was not responsible for non-sanctioned school events.  Salter also noted that the word "busted" and the tone of the skit clearly communicated the schools disapproval of the party.

Speaking more broadly of the scope of the schools in loco parentis role ("in place of parents"), Salter wrote, "At some point, we believe that a school's obligation of reasonable supervision must come to an end and the parent or guardian's duty of supervision must resume.  That logical point, we think, should be when the student leaves the school's premises during non-school hours and is no longer involved in school related activities."

If you or someone that you know that has been charged with a crime, you no longer have to worry about finding an aggressive DUI attorney. Do not allow a DUI arrest to destroy your life. Act immediately. Although, DUI, results in a large spectrum of implications in the State of Florida, Attorneys at Musca Law fight hard and are victorious in defense of their clients. For further information visit www.muscalaw.com, where you can review the firm's current case result list and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

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.