Miami DUI Attorney Blog

When watching the nightly news or TV shows like Law and Order and CSI, we are often bombarded by stories and images of DUI repeat offenders.  The media portrayals of this issue sometimes results in overexposure of the issue to the point one may become almost numb to the realities and consequence of DUI collisions.  A recent egregious case involving a former Miami-Dade County worker underlines the serious impact of a repeat DUI case that results in serious injury or death.  The Miami-Dade County worker was involved in a fatal collision while under the influence of alcohol that resulted in the tragic death of a 2-year-old.  The driver received an 11-year prison sentence for his fifth DUI conviction, which resulted in the fatality.  Advocates for stricter DUI laws are pointing to this case as an example of how stricter DUI sentencing might save lives.

Evidence obtained from the vehicle included alcohol containers and mood-altering drugs.  Reports indicated that the driver seemed highly intoxicated.  There was also evidence of a pattern of addictive behavior exhibited by the defendant.  Florida DUI law treats habitual DUI conduct very seriously.  A fifth DUI conviction (even with no property damage or injury) can result in a 5 year prison sentence and permanent revocation of one's Florida driver's license with no hardship license available according to Miami DUI lawyer John Musca.  Where a driver under the influence of alcohol causes the death of another person, the suspect can be charged with DUI manslaughter which is governed by Florida sentencing guidelines.  The state prison term for a DUI manslaughter conviction can range from a minimum of about 10 years to a maximum of 15 years.  A conviction for DUI manslaughter will also result in mandatory revocation of the accused driver's license.

A person who has been arrested for DUI manslaughter faces a lengthy state prison term, fines and assessments, license revocation and other penalties.  The impact on one's life, family and future of a DUI manslaughter conviction can be devastating.  Incidents like the one described in this story make the risks of a DUI manslaughter arrest even more dangerous because of the push for harsher sentencing.  However, an arrest for DUI manslaughter does not mean that a conviction is a certainty.  An experienced Miami DUI lawyer will investigate the accident, the procedures and methodology of any blood alcohol concentration testing (BAC testing) and other factors so that the lawyer can aggressive defend you against these serious charges.

Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas.  Our criminal attorneys have successfully tried, defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

A man who was sentenced to 15 years for DUI Manslaughter for causing a crash that resulted in the death of a University of Miami student has exhausted his appeals and will serve the original 15-year sentence, the maximum sentence allowed under the law.  At the time of the accident two years ago, Ramone Herrera's blood alcohol concentration (BAC) was three times the level at which a driver is presumed to be impaired under Florida DUI law.  Herrera was driving the wrong way on I-95 when his vehicle crashed into the Dodge Neon driven by Michelle Shore.

Herrera was charged with DUI manslaughter and vehicular homicide and received a sentence of 15 years which was the maximum in an open plea, leaving it to the judge to determine the sentence.  Herrera had sought to have the sentence reduced on appeal.  However, the judge on appeal affirmed the sentence, and Herrera has now exhausted his appeals.  The family and friends of Shore appeared to implore the judge not to modify Herrera's sentence.  Those close to Shore were happy with the sentence.  "Judge, I'm here on behalf of my daughter to beg you to not let Ramone Herrera serve anything less than a 15-year sentence," said Michelle's mother.

Herrera asked the judge to reduce his sentence saying he was very remorseful.  "My sincere apology goes to the Shore family.  I never intended for that to happen.  This is something that I will forever regret and feel remorseful for," Herrera said.  Herrera's mother also made an impassioned plea through a translator to the judge saying, "But he's not a murderer.  It was an accident."  Miami DUI lawyer John Musca said that DUI manslaughter is a second degree felony which is punishable by a maximum sentence of a $10,000 fine and 15 years in state prison.  A conviction for vehicular homicide provides for the same maximum sentence under Florida DUI law according to Musca.  Because a conviction of DUI manslaughter can result in a lengthy term in state prison, one who is charged with DUI manslaughter in Miami should retain an experienced DUI lawyer who will investigate the circumstances of the accident and the validity and procedure in any breath or blood testing as well as other potential defenses or mitigating factors.

When you are faced with DUI charges in Miami, you will face some serious legal issues where you will need the assistance of a Miami Dui Defense Attorney.  It is crucial that you have legal representation if you are facing a DUI charge.  Don't face this situation without an aggressive attorney fighting for your rights every step of the way. Contact Musca Law immediately.

The defense lawyer in a Miami DUI case points out to the jury that the prosecution is taking perfectly innocent and ordinary behavior and interpreting it as evidence of criminal activity.  A Miami DUI attorney will show the jury that field sobriety tests are unnatural and that it is ludicrous to consider them evidence of being in possession of one's normal faculties.

The so-called "walk and turn" field sobriety test requires taking nine steps heel to toe, making a very specific three-part turn, then nine steps back.  The driver is told to keep his hands at his side and not use them for balance.  The instruction not to use one's arms for balance is very unnatural.  If the driver uses his arms for balance as is natural or does not follow the officer's lengthy instructions precisely, the officer will offer this as "evidence of impairment."  The DUI defense lawyer will point out that people do not normally walk this way so that it is ludicrous to consider the failure to perform the exercise as evidence that the driver's normal activities are impaired.  Since most of the field sobriety tests involve this type of unnatural exercise, the DUI lawyer will try to get the officer to admit that these exercises are unnatural exercises.

Another example of the officer interpreting innocent behavior as "evidence of impairment" would include pulling a driver over for going to slow.  The officer will testify that based on his training and experience driving too slowly is evidence of impairment.  The officer will try to point out anything that is less than perfect driving is evidence of impairment.  A good Miami DUI defense lawyer will point out all of the things the driver did correctly.  The defense lawyer will walk the officer step by step through all of the things the driver did correctly.  The goal is to get the jury to draw the conclusion that although the driver did a couple minor things wrong most of his driving was perfectly normal.

Once the officer has determined that the driver has failed the field sobriety tests, the officer will handcuff the driver and drive him to the jail to take a breathalyzer test.  The prosecutor will not present evidence that the breathalyzer machine is scientifically reliable, and the DUI defense attorney will point this out.  The defense attorney will also argue that taking the driver's blood would be a more reliable way to test blood alcohol level.  He will explain that a breathalyzer test was used instead only because it is cheaper.

If the driver refuses to submit to the breathalyzer test, the officer will say it indicates consciousness of guilt.  However, a DUI defense lawyer will walk the officer through the questions he asked the driver before the breathalyzer test.  Police officers never tell the driver anything about the reliability of the machine or how it works.  The DUI lawyer will explain to the jury that it is perfectly normal not to want to breathe into this mysterious machine if the driver has even had a sip of alcohol.  The defense lawyer will show the jury that it is perfectly reasonable for someone who has already been arrested to not want to trust a machine that he does not understand. 

These are just some of the ways a qualified DUI defense lawyer may challenge field sobriety and breathalyzer tests in court.  This shows how a good DUI lawyer can make a difference in one's DUI criminal case.

Musca Law provides the highest quality criminal litigation services to the residents of Miami. Our criminal defense lawyers have successfully tried, defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

Breathalyzer tests used in Florida DUI cases are currently being challenged, according to Miami DUI attorney John Musca.  The current challenge to breathalyzer results questions the use of the Intoxilyzer 8000 under Florida DUI law.  This specific model is the only breathalyzer that has been approved for use in Florida DUI cases.  Hundreds of cases in Palm Beach County are being challenged based on the use of this breathalyzer model.

Under Florida DUI law, Florida's breathalyzers must match those used by the Federal government.  Under this standard, DUI defense attorneys are arguing that the breathalyzer does not meet the Federal criterion.  Officials have argued that the discrepancy is a simple typographical mistake.  However, it is being argued that law enforcement officials have tampered with the inspection of the devices and covered up failed test results that show the machines are inaccurate.

These allegations were previously raised in 2008 when the Florida Department of Law Enforcement terminated an examiner who was in charge of all breathalyzer machines in Miami-Dade County for "failing to follow protocol."  The employee had been unplugging the machines to prevent errors from being reported.  Officers in Palm Beach County and Boyton Beach have also previously been found to have tampered with breathalyzer results.

The dismissed inspector had been in charge of all breathalyzer machines in the county so faulty machines might have been used to convict some of DUI offenses.  A Miami judge has been asked to order every Intoxilyzer 800 machine be checked.  If it is established faulty machines were used, there could be citizens who were wrongfully convicted of DUI.

"This is an example of why it is important to have an experienced MIami DUI defense lawyer when a person is accused of driving while intoxicated," said Musca.  "Breathalyzer machines are not infallible and the rules and regulations regarding their use and maintenance are very specific.  Challenging the validity of a breathalyzer test is something that one needs an experienced DUI defense lawyer to handle."

Musca Law provides the highest quality criminal litigation services to the residents of Miami  and the surrounding areas.  Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases in both state and federal courts throughout Florida.  These cases include, but are not limited to, felony cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

 

Stephanie Labarga was stopped and eventually arrested because she was allegedly driving erratically on Okeechobee Boulevard a few miles from her home in for DUI.  Labarga is the daughter of Jorge Labarga who was appointed to the Florida Supreme Court by Governor Charlie Crist in 2009.  Judge Labarga had previously been a former Palm Beach Circuit Judge at the time of his appointment to the state's highest court.

Ironically, Stephanie Labarga had just completed a safe driving class related to a prior reckless driving conviction a little more than two weeks before the current incident.  During the prior incident, Labarga crashed though the wall of a home owned by Vamir and Irma Santos.  The Santos couple was awakened in the middle of the night by a loud crash.  The couple is currently in the process of suing Labarga and her insurance company for the damages to their home, which amounted to more than $20,000. 

The couple were not surprised when they heard about Labarga's DUI arrest.  "It was at, like, at 5 a.m.  She just drove into their living room through the wall.  Who does that?" said the Santo's attorney.  Labarga was fined $166 for the incident and ordered to take a safe driving class.

When Labarga was stopped for allegedly driving erratically, she reeked of booze according to the arrest report.  Authorities also indicated that her blood alcohol level was nearly twice the legal limit under Florida DUI law.  "While DUI charges are always serious, Ms. Labarga faces an even more difficult situation because of her prior conviction and the recentness of the prior conviction," said John Musca who routinely handles DUI cases in the Miami area.  Musca points out that a driver who has prior convictions potentially faces a more serious sentence for a DUI conviction.  In such a situation, the need for a DUI attorney is even more compelling.

If you have been arrested and charged with a DUI in Miami, contact an experienced Miami DUI lawyer, for help with your case.  The Miami DUI attorneys at Musca Law have over 100 years of combined experience.  Musca Law's team of criminal defense attorneys represents their clients with the most aggressive representation available. Contact Miami DUI attorneys at Musca Law for a free comprehensive consultation today.

Wide Receiver Donte Stallworth was reinstated into the league by NFL commissioner Roger Goddell February 8 and signed by the Baltimore Ravens on Wednesday.  Stallworth was suspended last season after being convicted for vehicular manslaughter after hitting and killing a pedestrian in Miami while driving under the influence of alcohol.  Stallworth was sentenced to 24 days in jail, 1000 hours of community service, 8 years probation.  He is also banned from ever having a driver's license again.

The Cleveland Browns cut Stallworth after he was reinstated by Goddell.  The Baltimore Ravens then signed Stallworth this week.  Some argue that the one-year suspension from the NFL and short jail sentence seems inappropriate given other recent cases involving other NFL players.  Others argue that the case suggest preferential treatment for professional athletes.

Stallworth reached a civil settlement with the family of the man he killed in an amount reported to exceed $3 million, which some contend led to overly lenient treatment both by the court system and the NFL.  Critics emphasize that Stallworth's actions resulted in the death of another man whereas other sports stars have received much more serious punishment for lesser crimes.

Michael Vick, for example, was sentenced to 23 months in prison and served 18 months for his involvement in a dog fighting operation.  Vick also was not reinstated nearly as quickly as Stallworth after his prison sentence.  Pacman Jones's transgressions also seem to be relatively minor compared to Stallworth's involvement in the death of a pedestrian.  One critic has even compared the case of Stallworth's ban to that of Pete Rose who still faces a lifetime ban.

Defense attorney, John Musca says that one has to be careful when comparing the sentences in cases this way.  "Sometimes it really is a matter of comparing apples to oranges," said Musca.  "There are many factors that affect the punishments defendants receive in these cases.  It is easy to oversimplify things when trying to compare the punishment received in different cases."  

If you or someone that you know have been charged with a DUI, you need an aggressive and reputable Miami DUI attorney that is on your side.  An experienced attorney that can protect your rights and guide you through the legal process, Musca Law has successfully helped countless clients fight their DUI charge.