Miami DUI Attorney Blog

The media's perspective on well-known public figures such as athletes involved in criminal activity has changes substantially over the years.  In the past, the media often portrayed professional athletes in a positive light even when they engaged in misguided or criminal conduct.  Professional athletes were not held to the same moral or ethical standards by the media as ordinary citizens.  However, the days of using rose-colored glasses when portraying the misdeeds of professional athletes are a thing of the past.  This shift in the perspective of the media is clear when one compares the DUI manslaughter cases of Leonard Little to the case of Donte Stallworth.

In 1998, Leonard Little was a defensive lineman for the St. Louis Rams when he was charged with DUI manslaughter following his collision with a woman while he was driving under the influence of alcohol.  When news of the incident initially broke, most major media outlets failed to cover the incident or any of the facts pertaining to the story.  Little's blood alcohol level was twice the legal limit at the time of the fatal accident.  He received a three-month jail sentence, 1,000 hours of community service and four years of probation.  Aside from Little's NFL suspension, his case and sentence faced far less scrutiny than criminal cases involving athletes during the last decade.

During the time that Little's transgression occurred, the media was not as critical of professional athletes as it is today.  Many articles in the media at the time focused on ones status or title as a professional athlete as opposed to the ethical or moral standards of the athlete's conduct.  A fair number of articles that covered the Little incident focused on Little's remorse as opposed to his poor judgement.  "It's hard because I've never been in trouble," Little said.  "Not a problem kid or anything like that so when you're in the legal system like that, it's always hard on a person the first time to go through some things like that," Little stated in a 2000 Sports Illustrated article.

The media continued to ignore incidents after Little's conviction that would have brought scrutiny and criticism from today's media.  Little never formerly apologized to the victim's family following the incident.  The media also completely ignored Little's subsequent arrest for DUI five years later.

By contrast, the media heavily criticized Baltimore Ravens wide receiver Donte Stallworth.  Stallworth pleaded guilty to DUI manslaughter and received 30 days in jail for a Miami Beach collision in which a pedestrian was killed.  Stallworth was also suspended from the NFL for a year.  Stallworth's incident was not only widely covered in the media, but his sentence, which was likely affected by a confidential settlement, was lambasted by the media for being too light.  The media did not portray Stallworth in a positive light or focus on his remorse but instead characterized Stallworth as another in a long line of professional athletes who used his celebrity status to secure a lesser charge.

"This shift in the media portrayal of athletes reflects a larger societal change.  As the number of deaths caused by drivers under the influence of alcohol has risen, the penalties and consequences facing a driver convicted of drunk driving have increased accordingly," said Miami DUI Attorney John Musca.  A driver who is arrested for DUI, especially where someone has been injured or killed, faces very serious penalties.  If a driver faces DUI charges in Miami or elsewhere in Florida, where someone has been injured or killed, he or she should consult an experienced Miami DUI lawyer.

Former Miami Dolphin linebacker Joey Porter will not faces charges following a recent arrest on suspicion of DUI.  Porter, who now plays for the Arizona Cardinals, was stopped by the CHP after Porter pulled his vehicle behind another traffic stop in a Taco Bell parking lot.  The officer reportedly smelled alcohol on Porter's breath.  The officer requested Porter's license, but Porter refused and started to roll up his car window when the officer asked Porter to get out of his vehicle.  When the officer reached in to unlock the car door, the officer reported that the Porter slapped his hand.

When Porter finally complied with the officer's request and got out of the vehicle, he placed his hands behind his back.  Porter and his passenger were arrested.  The CHP recommended that Porter be charged with DUI, resisting arrest and assault on a peace officer.  However, the district attorney's office did not believe that based on the evidence it was likely that the charges could be proven in court.  "Based upon the information that was provided to us by the CHP, we did not believe that there would be a reasonable likelihood that a jury would find Mr. Porter guilty beyond a reasonable doubt of the allegations," said Supervising District Attorney Mark Pafford.  "With this belief, we thought it was not appropriate for us to proceed."

One mistake that Porter did not make when he was stopped was to volunteer incriminating information commented Miami DUI lawyer John Musca.  "Many stopped for DUI will volunteer damaging information to the police officer which creates probable cause to escalate the situation or that will become critical evidence used against the accused later in court, " said Musca. 

A lot of people arrested for DUI also assume it is inevitable that they will face criminal charges.  This is not necessarily the case.  If you are arrested for DUI in Miami, you should promptly seek the advice of an experienced Miami DUI lawyer.  The lawyer will investigate and evaluate the strength of the evidence supporting potential charges.  "Sometimes an experienced DUI attorney will be able to persuade the district attorney not to file formal charges.  In other words, a person who seeks legal representation early in the process not only may not face a conviction but may not even face the specter of criminal charges," said Musca.

Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas.  Our Miami 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.

Donte Stallworth is back at work with the Baltimore Ravens and faces the challenge of coming back after a DUI manslaughter conviction in which he accidentally killed a man while driving under the influence of alcohol.  Stallworth pleaded guilt to DUI manslaughter after colliding with 59-year-old construction worker, Victor Reyes, with his Bentley.  Reyes was crossing the causeway in Miami before he was hit on March 14, 2009.  Stallworth's blood alcohol concentration (BAC) was .126 at the time of the accident when he hit Reyes with his Bentley after partying at a South Beach hotel club.

Stallworth served a 24 day prison sentence that many critics characterized as too lenient.  He was also sentenced to 1000 hours of community service, eight years probation and loss of his driving privileges for 5 years.  Though Stallworth could have been sentenced up to 15 years in state prison, his attorneys speculate the lenient sentence was a function of Stallworth taking responsibility for his actions.  "My mom (Donna) taught us to respect others and take responsibility for our actions and learn from our mistakes," said Stallworth.

Following the accident, Stallworth immediately called 911 in an effort to obtain medical assistance for Reyes.  "One of the most important things you can do if you are involved in a DUI where someone is hurt is remain at the scene and obtain medical assistance for the injured person," said John Musca.  "If you are involved in a DUI and leave the scene and fail to provide medical assistance to the injured person, you face additional charges and punishment.

The Baltimore Ravens decided to take a chance on Stallworth who was also suspended from the NFL for a year.  The Ravens constitute the fifth NFL team for Stallworth since the New Orleans Saints drafted him out of Tennessee as a junior.  Stallworth indicates he feels incredible remorse for the incident that haunts him to this day.  "It's tough.  It's a daily process.  It's not something that now that I'm back playing . . . that it's in the back of my mind.  It's something that I deal with every day waking up in the morning and going to sleep at night.  It's a tough situation for everyone involved," said Stallworth.

Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas.  Our Miami 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.

Many people do not realize that a qualified Miami DUI attorney may be able to challenge very serious charges based on the overzealous or inappropriate conduct of the arresting police officer.  A recent Miami case serves as a case in point.  Peter Epstein built his reputation as a teacher over a 20-year career but saw his reputation seriously damaged when an officer arrested him or driving under the influence (DUI), possession of marijuana and possession of a controlled substance.  The officer pulled Epstein over for an alleged traffic infraction.  The initial stop escalated to the point Epstein was arrested on the DUI and drug charges.

The attorneys for Epstein alleged the officer was extremely overzealous after the stop and that the officer in his attempt to justify the arrest misstated material facts.  Epstein's DUI attorneys aggressively represented Epstein and discovered in the course of their investigation that 7 similar complaints had been made against the arresting officer over the preceding 8 years.  Based on these complaints, an investigation of the arresting officer was initiated by the State Attorney's Office.  The State Attorney's Office through the prosecutor in the case subsequently recommended dismissal of all charges against Epstein.

While Epstein is grateful that the ordeal is over, the dismissal of charges has not repaired the damage the arrest did to his professional reputation.  "Even though all charges have been dismissed, the entire ordeal has been a harrowing experience," said Epstein.  "There was a lot of publicity about my case in the media and unfortunately much of the publicity contained highly inaccurate information which severely damaged my reputation.  Even though I have never been found guilty of any crimes, one traffic stop has severely tarnished my reputation that I have spent 20 years building as a prominent educator in South Florida," explained Epstein. 

Miami DUI attorney John Musca said this case serves as a reminder that police officer's are not necessarily incapable of mistakes or above reproach.  "Sometimes an officer's overzealous efforts may violate the rights of the accused including a defendant's due process rights," said Musca.  If you are arrested for a Miami DUI, a qualified DUI lawyer will investigate the arresting officer to see whether a defense based on misconduct, inexperience or bias is appropriate

When you are faced with DUI charges in Miami, you will face come 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.

A driver who is stopped at a Miami DUI checkpoint should know that these types of DUI arrests are the most closely scrutinized types of stops under the Fourth Amendment of the United States Constitution.  An experienced Miami DUI lawyer can demand the prosecutor provide information not just about whether the stop of your vehicle was reasonable, but about whether the stop of every vehicle was reasonable.  An experienced DUI lawyer can request discovery about every officer that participated in the roadblock, the checkpoint policies and guidelines that must be established before the stop, and the supervisor that created all of the predetermined procedures to be used in the Miami checkpoint.

A checkpoint must comply with specific written guidelines which delineate how the vehicles will be selected, the appropriate procedures for any additional detention of the vehicle, and the manner in which vehicles will be disposed, which means that the officers in the field have very little discretion.  The checkpoint must be utilized in a way that will minimize the intrusion and the length of the stop. Finally, the roadblock must be "significantly more effective" than less intrusive means of preventing crime.  Any variation from the written guidelines or procedures established for the checkpoint may form a basis for your Miami DUI lawyer to challenge the checkpoint as unconstitutional.

If the checkpoint is found to be unconstitutional, an experienced Miami DUI attorney can suppress all evidence against you including observations of you and your driving, field sobriety testing, and any refusal to submit to chemical testing (breath, blood or urine).  The suppression of the evidence obtained after a driver's stop may be sufficient to have some or all of the charges against you dismissed.  "Because checkpoints do not require officer's to have probable cause when they stop a vehicle, a judge will expect very careful checkpoint guidelines that allow little room for an officer to exercise arbitrary discretion," said Musca.  A driver who is arrested for DUI at a checkpoint typically has more options available in terms of defenses to the charges so the driver should consult with an experienced Miami DUI lawyer promptly after arrest.

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.

This off-season has not been a good one for the Miami Dolphins as a number of players have made appearances on the police blotter.  Relief within the Miami Dolphin organization resulting from the dismissal of domestic violence charges against defensive tackle Warren Sapp was muted by the disclosure that running back Ronnie Brown's blood alcohol concentration (BAC) was .158, which is almost twice the legal limit in Georgia where Brown was arrested for DUI.

Brown was initially pulled over by officers in the early morning hours after he was purportedly observed driving fast and drifting into other lanes.  The police report indicates that Brown refused a field sobriety test and that his BAC was .158 when he blew into a breathalyzer.  The legal limit in Georgia is .08.

Experienced Miami DUI defense lawyer John Musca indicated that Brown's criminal defense lawyer will carefully investigate the basis for the stop.  " ' Driving Fast' is somewhat vague so there may be a basis to challenge the validity of the original stop," said Musca.  If the initial stop is not valid, then the breathalyzer results and other evidence that was obtained following the stop may be excluded as "fruit of the poisonous tree," explained Musca.  An experienced Miami DUI defense lawyer will also investigate the breathalyzer testing as it also may be challenged as to whether the machine is functioning and calibrated properly.  There also may be other grounds that may exist for attacking the breathalyzer results.

If you are stopped by a police officer on suspicion of DUI, you should courteously decline to answer the officer's questions and seek immediate legal advice.  What a DUI suspect should not do is disclose to the officer that he or she has been drinking or is drunk.  This may be seem like obvious advice, but more people arrested for DUI than you might realize turn weak cases into strong cases by proceeding to make damaging admissions to the arresting officer before seeking the advice of legal counsel.  These disclosures sometimes make a qualified Miami DUI defense lawyer's job in having the charges reduced or dismissed much more difficult.

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

NBA star forward Dorell Wright is the most recent in a rash of DUI arrests of athletes in the Miami area.  Wright was pulled over while driving his 2005 Bentley and arrested in Miami Beach for driving under the influence of alcohol.  Wright was stopped in the early morning hours according to the police report.  Police indicated that Wright was stopped because he was driving "erratically."  Officer indicated that when they approached Wright's Bentley they noticed "red and watery eyes, odor of an alcoholic beverage on his breath, and low and slurred speech."  Wright also reportedly refused to perform field sobriety tests when requested by the officer.  Wright's problems were compounded when police discovered that Wright could not provide proof of current insurance and was driving with a suspended license.  Wright has a prior offense of knowingly driving on a suspended license. 

Wright was booked and released after posting $2000 bail.  The Miami Heat responded by saying that this type of conduct by Wright was out of character but that a suspension was still appropriate because his conduct harmed the team.  The team suspended Wright for two games.  Heat President Pat Riley said, "This is out of character for Dorrell; we feel he's a good person and that he will learn from his mistake."  Riley said that team discipline including the suspension was appropriate because Wright's conduct was "detrimental to the team."  Wright was averaging 6.3 points and 3.1 assists per game through the first 57 games of the season.

Miami DUI Attorney Musca commented on Wright refusing the request for field sobriety tests.  Under Florida implied consent law, a driver may not refuse a chemical test such as breath, blood or urine without serious consequences, but the implied consent law does not apply to field sobriety tests.  Unlike chemical test, where refusal to submit may have serious consequences, you are not legally required to take any field sobriety tests. Generally, officers have usually made up their minds to arrest a suspect when they give field sobriety tests so the tests are simply additional evidence which the suspect inevitably "fails." While most people do not refuse, a polite refusal may be appropriate.

Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas.  Our Miami 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, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.