Miami DUI Attorney Blog

Attorney Musca on Mother Charged With DUI and Child Neglect

2009-11-19T18:10:31Z

Mother of three arrested for DUI faces more charges; child neglect and two counts of contributing to the delinquency of a minor.

After a September arrest on a driving under the influence charge, the mother of three headed back into court on child neglect and contributing to the delinquency of a minor charges.

After several hours of being in the vehicle that their mother was passed out in two children under the age of four left the vehicle and proceeded to walk towards the school their other sibling was at. A passerby observed the two children as they were walking the white line on a very busy road. The driver turned their car around and proceeded towards the children where the driver then phoned the police for assistance.

One of the children mentioned that their mother was still in the car sleeping. The vehicle never left the driveway however, the mother was passed out do to intoxication. There were four empty wine bottles found in the vehicle by investigators. The mother was arrested on the scene and charged with driving under the influence of alcohol. Charges came later relative to child neglect and two counts of contributing to the delinquency of a minor.

After spending a day in jail the woman charged was released on $5,000.00 bail.

The state of Florida clearly states that police officers can make an immediate DUI arrest where a person who is suspected of being impaired is in physical control of a vehicle, this includes simply being sat behind the wheel with the keys in or out of the ignition.

If you or someone that you know is facing DUI charges, there is no reason to put your rights and future in jeopardy. Obtaining the legal counsel of a dedicated, aggressive and experienced lawyer is the best thing that you can do to protect yourself or someone that you love from the consequences of a DUI conviction.

When faced with a DUI charge, do not trust your case with anyone else! Contact Musca Law today for a consultation at 1-800-687-2252.

FBI Agent Charged With DUI at A Florida DUI Checkpoint

2009-10-23T14:08:37Z

While driving a government vehicle a veteran FBI agent was arrested and charged with DUI at a Florida DUI checkpoint.

Serving as an FBI agent for approximately 23 years, Jorge Miyar, 49, had been arrested at a scheduled DUI checkpoint. While driving through the designated cones, Myer proceeded to run over a curb. According to observations made by police, Miyar had signs of impairment and a strong odor of alcohol.

Miyar had engaged in the field sobriety exercises and failed, however, he did refuse to take the breathalyzer test. He was then arrested and charged with Driving Under the Influence of Alcohol. Whether a chemical test was mandated, is not known at this time.

According to the police report Miyar had admitted to leaving a party, where he had consumed five beers and a hamburger. He then proceeded to state that as an FBI agent he would face severe penalties. Not including legal action, further disciplinary action may be taken by the Federal Bureau of Investigation, as Miyar was driving a government vehicle at the time of his arrest.

At this point there is no information relative to what disciplinary action will be taken. Miyar could be placed on leave while awaiting resolution of the case, or relieved of his duties all together.

Being stopped and searched arbitrarily is a celebrated practice amidst Florida law enforcement agencies. DUI checkpoints are a tool used to tighten the grip on those driving while under the influence of alcohol. 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 tests field tests. Simply be polite, provide accurate documents and call Musca Law.

When faced with serious DUI charges, it is imperative to retain experienced and aggressive DUI Criminal Defense Lawyers to conserve your constitutional rights and compass the best possible outcome. Consult a criminal defense attorney who will determine what defenses may be available to you. Musca Law provides experienced DUI and Criminal Defense Attorneys who investigate exhaustively to build an effective case for their clients. Being arrested does not mean that you will be convicted!

Two Toddlers Found Wandering the Street After Mother Passed Out Behind the Wheel

2009-10-05T02:57:28Z

A Broward County mother has been charged with DUI and child neglect after passing out in the driver's seat of the family car. Her two toddlers were later found wandering the streets miles from their home. The mother, 44-year old Brenda Lee Duclos, allegedly under the influence of alcohol, fell asleep behind the wheel in her driveway prior to picking up her eldest child at school.

After a couple of hours, the driver's two younger children, ages 3 and 4, left the vehicle to find their elder sibling. A concerned citizen contacted police after finding the two toddlers walking the streets alone. Officers responded to the scene and found Duclos passed out in the driver's seat of the running vehicle. She refused to submit to breath or sobriety testing and then subsequently arrested on charges of DUI and child neglect.

The toddlers of the children are currently in the custody of their father. The father has stated to Police that he hopes this arrest is a wake-up call for his wife. Duclos has not posted the $5,000 bond and remains inside the Pompano Beach Jail.

]]> Florida Law permits the arrest of an individual based on the circumstances surrounding the actual, physical control of the vehicle. The offender does not have to literally be driving an automobile for a DUI arrest to take place. The accused is in actual physical control of an automobile if they are in the position to drive. In this case, Duclos sat behind the wheel with the engine running. Officers claimed that the defendant had every intention of driving the vehicle and therefore committed a crime.

If you or a loved one has been charged with a Miami criminal offense, contact an experienced attorney for help with your case. The attorneys at Musca Law have over 100 years of combined legal experience with convenient offices located across the State of Florida. Our attorneys understand that outside circumstances can influence the alleged evidence against a defendant. Contact Musca Law for a free, comprehensive review of your case.

Miami Attorney Musca Discusses DUI Arrest of Tawny Kitaen

2009-09-28T04:11:06Z

Actress Tawny Kitaen has been arrested over the weekend on charges of driving under the influence in California. Newport Beach Police Department pulled over the actress driving her Range Rover. She was stopped at approximately 3 p.m. on Saturday, close to the John Wayne Airport. Officers determined that the 48-year old Kitaen to be under the influence of alcohol and/or drugs and then subsequently arrested on suspicions of DUI. She has posted the $2500 bond and is currently awaiting trial outside of jail.

Kitaen is no stranger to the law or to substance abuse. In November of 2006, law enforcement officers arrested the actress on felony possession of 15 grams of cocaine inside her home. She arranged a plea bargain and entered into rehab in exchange for the State dropping all charges against her.

Kitaen is famous for her role in the 1984 movie Bachelor Party costarring Tom Hanks. She also appeared in 80's rock hair band music videos and married Whitesnake's musician, David Coverdale. Most recently, Kitaen's substance abuse has been displayed to the public on the VH1 hit show Celebrity Rehab hosted by the infamous Dr. Drew.

]]> Facing criminal charges erases all differences among us. Anyone can be charged with a crime. If you or a loved one has been accused of DUI or other alcohol related offense, contact a reputable attorney for guidance with your case. The attorneys of Musca Law have over 100 years of combined legal experience with proven successful case results. Contact our knowledgeable Miami DUI attorneys for a free initial consultation and comprehensive review of your case.

Attorney Musca Discusses Manslaughter Suspect with Warrant in Maryland

2009-09-22T05:05:52Z

A Miami man suspected of DUI manslaughter is also wanted in the State of Maryland. This week officers arrested the defendant, 31-year old Robert Jones, for allegedly driving drunk and killing a motorcyclist. Jones took his step daughter to school when hit the motorcyclist victim, 43-year old Eric Maron. He dragged Maron for 180 feet before stopping.

Jones attempted to flee the scene of the crash, but deputies caught up to him. He submitted a breath sample to deputies and blew .236. This amount is almost three times the Florida legal limit for alcohol consumption of .08. Officers charged Jones with two counts of DUI manslaughter and nine traffic violations.

In addition to the most recent Miami DUI case, Jones is wanted in Maryland in connection with another crime of driving under the influence. He violated probation by failing to appear at a hearing in connection to leaving the scene of an accident with injuries. The State of Maryland suspended Jones' license. However, Jones successfully applied for and received a Florida only driver's license. This type of Florida driver's license is normally reserved for snowbirds who wish to keep their primary residence up north due to insurance reasons.

]]> The Department of Motor Vehicles and Highway Safety issued a statement that Jones possessed a valid Delaware license at the time of his application. Jones faces serious criminal charges. He has not posted the $80,000 bond and is currently being held inside the Broward County Jail.

If you or a loved one has been charged with a Miami alcohol related crime, contact a knowledgeable attorney for help with your case. You do not have to fight the State alone. The attorneys at Musca Law have over 100 years of combined legal experience with proven successful results.

Miami Beach Mom Charged with DUI with Child in Car

2009-09-19T19:39:34Z

A suspect from North Miami Beach has been arrested on suspicions of drunk driving with her nine year old son inside the car. At 1 a.m. a St. Lucie County patrol officer clocked the defendant, 43-year old Margie Sanoni, traveling 35 mph on the 70 mph Florida Turnpike. The officer reported that the defendant also had difficulty maintaining a single lane of traffic. Sanoni's 9-year old son sat without his seatbelt in the front seat of the vehicle and "crying hysterically".

The boy explained to authorities that he was frightened because his mother had lost her way and acted confused as to their whereabouts. He also admitted to the officer that Sanoni spent the entire day drinking Corona beer. The boy showed the officer an empty beer bottle on the driver's seat and two full beers on the passenger side floorboard.

The officer arrested Sanoni and charged her with DUI and aggravated child neglect. The defendant has not yet posted the $5,350 bond and is currently awaiting trial inside the St. Lucie County Jail.

]]> If you or a loved one has been charged with an alcohol related crime, contact a knowledgeable attorney for a comprehensive review of your case. Intoxicated individuals are not of sound mind to make proper decisions, including decisions like the care of a child or getting behind the wheel. Unfortunately, this can land individuals into big trouble with the law.

The firm of Musca Law has over 100 years of combined legal experience and has handled countless alcohol related cases. Do not take the chance and face the charges on your own. My firm has proven results. Contact Musca Law for a free consultation.

FBI Agent Arrested for DUI

2009-09-16T05:12:50Z

An officer with the FBI has been charged with DUI while driving his government vehicle. The twenty three year veteran to the FBI, 49-year old Jorge Miyar, drove into a DUI checkpoint in Oakland Park. Miyar drove between the designated cones and ran over a curb.

The Miami arresting officer reported that the defendant exhibited signs of intoxication, including smelling of alcohol. At first Miyar denied any wrong doing and explained that he ran over the curb because he was unfamiliar with his surroundings. Sometime during the investigation, the defendant allegedly confessed to leaving a party in which he consumed a hamburger and five beers. Police reports also state that Miyar discussed the trouble he was in for driving drunk in a FBI vehicle.

Miyar failed roadside sobriety testing and refused to participate in further breath testing. Officers subsequently arrested the FBI agent on charges of DUI. There is no information on what FBI disciplinary action, if any, will result from these criminal charges against Miyar.

]]> Far too often, public opinion condones criminal involvement with those held in respected employment positions. However, no matter what your employment or career choice, a deciding to drink and drive can land you on the wrong side of the law. If you or a loved one has been charged with a Miami DUI, contact a reputable attorney for help with your case.

Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida. We have handled countless DUI cases with proven successful results. Do not let the charges define the outcome of your case. Contact Musca Law for a free comprehensive review of your case.

Driver Charged with 2 Counts of DUI Manslaughter after running Stop Sign

2009-09-09T14:52:18Z

A Broward County man faces two charges of DUI manslaughter after he allegedly ran a stop sign while under the influence of alcohol. He crashed with another resulting in the crash with another vehicle. The driver submitted a breath test with a blood alcohol content of .11.

The crash occurred at the intersection of SW Second Avenue and West Dixie Highway. The victim of the crash, 54 year old David Rose, later died from his injuries six days later at a hospital in Hollywood, Florida. The death of the victim influenced the DUI charges pending against the driver.

Officers arrested and charged the defendant, 28 year old Robert Marsicano, with two counts of DUI manslaughter. The first count is based on Marsicano allegedly driving while under the influence of alcohol. The second count is based on allegations of the defendant possessing illegal blood alcohol content.

Florida considers the charge of DUI manslaughter a second degree felony. This sentence carries a maximum penalty of 15 years behind bars for each count. Marsicano faces a maximum combined sentence of 30 years in prison if convicted.

]]> If you or a loved one has been charged with a crime of DUI or DUI manslaughter, contact a knowledgeable Miami drunk driving defense lawyer for a review of your case. Musca Law firm has over 100 years of combined experience and has handled thousands of alcohol related cases. We understand the Court system, the tactics of the State and the possible penalties you face.

Experience in the Courtroom does make a difference with the outcome of your case. Do not trust your freedom to a less qualified counsel. Musca Law will fight for you with proven successful case results. Contact Musca Law for a free, comprehensive review of the charges against you.

Attorney Musca Discusses New Evidence in DUI Manslaughter Case Against Leyritz

2009-09-06T02:48:28Z

There has been new evidence introduced into the case against former major leaguer Jim Leyritz. We first brought you this story on July 18, 2009. He faces DUI manslaughter charges and now, two years after the accident, a street lamp video tape has been released of Leyritz driving on the night of the crash.

Prosecutors state that in December 2007, the one-time Yankee ran a red light while driving under the influence of alcohol. He allegedly crashed into the victim, 30-year old and mother of two children, Freidia Veitch of Plantation. There is talk that the video evidence discounts the prosecution's version of the night's events and that the crash may have taken place 10 minutes earlier than originally presumed.

Leyritz has been charged with DUI manslaughter and has been awaiting trial out on bond. He faces a maximum sentence of 15 years in prison if he is convicted. The trial had been originally scheduled for September 18. However, in light of this new evidence brought forth, the case will most likely be postponed until January of 2010.

]]> If you or a loved one has been charged with a Miami DUI, contact a knowledgeable Miami DUI attorney for help with your case. The defense discovered the light pole video by requesting any last documentation from transportation records. The Court is in disbelief that evidence so significant has turned up over two years later.

Contact a knowledgeable Miami drunk driving defense attorney to work for you. Musca Law firm has handled countless alcohol related cases in Miami and throughout the State of Florida. Our firm has over 100 years of combined legal experience and we understand the complexities of the justice system. Experience does make a difference with the outcome inside the courtroom. Contact Musca Law for a consultation and an in depth review of the charges against you.

Driver Involved with DUI Death of Broward County Bike Rider

2009-08-30T03:15:38Z

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.

]]> Florida law considers that the crime of DUI has occurred when a driver in direct control of their vehicle, possess a blood alcohol content of .08 or higher, or under the influence of any other substance that could cause impairment. Under Florida Statute 316.193, the crime of DUI manslaughter happens after the operation of a vehicle while impaired contributes to the death to another human being or unborn fetus. This crime is a second degree felony in the State of Florida and punishable by up to 15 years in prison.

If you or a loved one is charged with the crime of DUI manslaughter, contact a knowledgeable Miami DUI attorney to work for you. Musca Law has over 100 years of combined legal experience. I have handled countless alcohol related cases with convenient offices located across the State of Florida.

I understand the serious consequences that result from a conviction of DUI manslaughter. Do not risk years of your life behind bars with an attorney without a proven track record. Contact Musca Law for a review of your case and quality, professional legal services.

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

2009-08-28T03:37:55Z

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.

]]> The 28-year old musician has also admitted in several interviews with the media that he grew up hard. He has admitted that his father sold drugs in the 1980's and that he began to do the same. The impact of his involvement with music kept the artist on the straight and narrow. Now the rapper is involved with extensive community service across the City of Miami and has been honored to receive the distinguished keys to the City.

If you or someone you know has been charged with the crime of drinking and driving, contact a knowledgeable Miami DUI attorney for help with your case. My firm has over 100 years of combined legal experience and has handled countless Miami DUI cases. I have the understanding and reputation to fight for the rights of my clientele. Do not let the charges define the outcome of your case. You are innocent until proven guilty in a Court of law.

Judges Toss Out DUI Cases After Faulty Breath Test Machines Discovered

2009-08-26T03:32:25Z

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.

]]> Broward County Judge Lee Jay Seidman ruled that the machines under the control of Veiga have been "fatally compromised." The "evidence gathered in such troubling circumstances" is not sufficient for a jury review. This ruling may have an effect between 500 and 1,000 driving under the influence cases currently in the system.

If you or a loved one has been charged with a Miami DUI, contact a knowledgeable attorney for help with your case. My firm has over 100 years of combined legal experience and has handled countless alcohol related cases. Often times evidence is consider improper or obtained illegally which can negatively impact a client's case.

There are many aspects of DUI evidence that could be questioned. I look at whether the blood alcohol content test had been properly administered. I examine the environmental factors that could impact field sobriety testing. I check to ensure that proper procedure had been used by the arresting officer in initiating the traffic stop. Finally, I challenge all the facts of the case and fight for your rights.

Miami- Five Injured In a Police Involved Accident

2009-08-19T19:04:11Z

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.

Know Your Limits - Are You Over The DUI Limit

2009-08-19T13:49:15Z

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.

Attorney John Musca Comments on Stallworth DUI Conviction

2009-08-04T15:02:57Z

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!