Miami DUI Attorney Blog

A Miami area man (Delray Beach) has been arrested in connection with a fatal accident and faces multiple counts of driving under the influence as well as vehicular homicide.  Miguel Echevarria was involved in a three vehicle crash in the early morning hours on Interstate 595.  One person was killed in the crash and six more people were injured.  According to reports, Echevarria rear-ended a street sweeping truck, which caused the truck to overturn and veer into the median.

Guillermo Avellan, who was driving the street sweeping truck, was killed in the accident after being ejected from his vehicle.  Echevarria had a blood alcohol level of 0.10 at the time of the crash, said Florida Highway Patrol spokesman Sgt. Mark Wysocky.  The blood alcohol concentration (BAC) at which one is considered to be driving under the influence in Florida is .08.  The Audi that Echevarria was driving also spun out of control and hit a Toyota resulting in six more people being injured.  Echevarria who is being held without bail is actually charged with 10 counts of DUI in addition to the vehicular homicide charge.

"A DUI like this where someone is killed and others are injured is extremely serious," explained Miami DUI defense lawyer John Musca."  Under Florida DUI law, vehicular homicide is a Second Degree Felony which is punishable by a maximum term of 15 years in state prison and/or a fine of up to $10,000.  Echevarria also faces separate charges stemming from the injuries to the others involved in the accident.  A driver who causes injury to another driver can be convicted of a First Degree Misdemeanor which is punishable by up to one year in prison and a up to a $1000 fine.  If the other people injured in the accident suffered serious injury, the punishment for causing serious injury to a person in a DUI accident is up to 5 years in prison and a fine up to $5000.

Anyone who is facing many years in prison for being involved in a DUI related accident that causes death or serious injury to someone needs immediate legal representation.  An experienced DUI lawyer will investigate the circumstances of the accident and look for other factors that contributed to the accident and challenge any chemical tests.  An experienced Miami DUI lawyer may be able to get the charges reduced or the case dismissed.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But, with high quality legal representation on your side, it is possible to put these changes behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Miami DUI Attorney as Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translation services.

New evidence has been released in the case of Carlos Bertonatti's fatal car crash with cyclist Christophe Le Canne.  Bertonatti was involved in an accident on Rickenbacker Causeway in which he veered into the bike lane and hit Le Canne who was riding his bike.  Bertonatti left the scene of the accident with the bike still lodged under his car. 

Now the police have revealed new details regarding the case.  An officer who witnessed Bertonatti flee the scene claims that he clocked Bertonatti's speed at 80 mph according to a report released by the police.  The police also indicated that when he was finally arrested he refused to believe that he was involved in the fatal collision with the cyclist.  "Your lying to me . . . cops do that stuff all the time," Bertonatti told police. 

The new information released also included information that the officer's had to strap Bertonatti to a stretcher to obtain a blood sample.  The blood test indicated that his blood alcohol concentration (BAC) was .122.  An adult male the size of Bertonatti would have to consume six beers in an hour to register a BAC of that level.  The new report also indicated that Bertonatti was tested for drugs but tested negative for marijuana, cocaine and a slew of other drugs.

Police officer Felix Huertas saw Bertonatti leave the scene of the collision and indicated that the car had "extensive front end damage."  The officer also claims that Bertonatti obviously fled when he saw the officer at the scene.  "Upon seeing my lights activate, (Bertonatti) began to increase his speed in excess of 80 miles per hour, almost colliding with slower moving traffic ahead of him," said the officer's report.  Bertonatti pled not guilty to charges of DUI manslaughter, vehicular homicide, resisting arrest and leaving the scene of an accident where someone was killed.

According to Miami DUI attorney John Musca, this case is somewhat unusual because of the details released regarding the officers strapping the suspect to a stretcher to administer a blood test.  "Florida DUI law permits law enforcement to use reasonable force to obtain a blood test if a driver refuses to submit to such a test after being involved in an accident where someone is seriously hurt or killed," said Musca.  The officer still must have probable cause that a driver is intoxicated and perform the test in a "reasonable manner," explained Musca.

A driver who is charged in a fatal accident where the driver is alleged to have been driving under the influence of drugs or alcohol faces very serious charges.  The maximum prison term for DUI manslaughter is 15 years and 15 years for vehicular homicide as well.  While no Miami driver wants to be faced with the consequences of a fatal DUI related accident, anyone who finds themselves in this position should immediately consult an experienced Miami DUI lawyer.

When you are faced with DUI charges in Miami, you will face some serious legal issues where you will need 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.