Miami DUI Blog
Posts by Attorney Musca
Miami Dui Attorney, BAC, or Blood Alcohol Content, is the amount of alcohol in the blood. A huge number of myths have developed over the years as reliable signs of intoxication. In many cases, the officials narrated that the subject emitted the odor of alcohol. Whereas, the reality is that alcohol itself is odorless. Its smell is because of the other ingredients in the beverage.
Also, individuals who drink non-alcoholic beverages are considered ‘alcohol-free’ and thus, cannot be arrested for DUI. DUI is the act of driving while intoxicated with alcohol. But the truth behind this, too, is different from what it appears. The human body is capable of naturally producing alcohol on a continuous basis. This process is called, ‘endogenous ethanol production,’ which happens due to the growth of deep tissues. Sometimes, people produce enough of it to get arrested for DUI as they become legally drunk.
Since acetone can be recorded in the breath during a breath analyzer test, there is a high chance that diabetics can get falsely arrested for alcohol indulgence.
Some officials have the idea that their view of the BAC is different from that of the breath analyzer, they realize that might not make them look so good. Officials are aware that the initial part of the breath has a lower concentration of alcohol than the equivalent BAC, and the later part of the breath has much higher concentration than it. Officers will try to force the subject to breathe harder into the breath analyzer, so that the air for the reading comes from the deeper portions of the lungs. The result records a higher concentration of alcohol. This would lead to an inaccurate reading, mainly because breath testers usually lack precision.
Also, there is a myth that these testers measure BAC. But the reality is that, they only test the presence of any chemical from the methyl group. Also, people with lower hematocrit levels, like females, are sure to give a higher BAC reading.
Musca, a criminal practitioner in Florida, observes that underage persons may face harsh lifelong consequences if convicted for DUI offence. Laws in Florida states that the legal age limit for consumption of alcohol is 21 years, and you could be subject to criminal penalties if found to consume or purchase alcohol under this age. State laws stipulate different punishment for persons below the age of 21 convicted for DUI charges to that for an adult. A person who is under the age of 18, must appear before a juvenile court for charges under DUI.
An adult over the age of 21 can be convicted on charges of DUI if the level of BAC is found to exceed 0.08%. Moreover, even if the level is below 0.08%, then he may be convicted if the degree of impairment was such that the person was not in a stable condition to drive. A DUI offender may be convicted if found to be under the influence of substances other than alcohol. A person may be convicted for driving under the influence of cocaine, and the punishment may be severe. Miami DUI Lawyer, John Musca, has found that persons below the age of 18 are unaware that the DUI laws are different for them compared to adults. The Blood Alcohol Content, or BAC, for persons below 18 years of age is set at 0.02%. It is worth nothing that your body constitution has a direct effect on the alcohol content of your blood. As a result of alcoholic abuse, a person below the age of 18 may be less inclined to appoint a driver or inform their parents. It is advisable for parents to discuss the implications of a DUI offence with their child, so that you create awareness of the dangers of driving under the influence of alcohol. A conviction under DUI laws at an early stage of life may have far reaching consequences.
It’s getting harder for tech-savvy drivers in Miami, Florida and throughout the country to pinpoint the locations of police drunken-driving checkpoints: Apple will ban from its online store future applications that inform users of checkpoint locations not publicized by police.
It’s a move that doesn’t come as a big surprise but comes three months after four Democratic U.S. senators:
- Charles Schumer of New York
- Harry Reid of Nevada
- Frank Lautenberg of New Jersey
- Tom Udall of New Mexico
asked three smartphone manufacturers to quit selling such downloadable apps or to remove the DUI checkpoint function.
Canada-based Research in Motion, maker of Blackberry smartphones, pulled the apps immediately. Apple, manufacturer of the iPhone, and Google, which makes the Android, did not. Last month at a hearing before the Senate subcommittee on privacy, technology and the law, Schumer pressed top executives from Apple and Google to restrict sales.
On Wednesday, Apple updated the review guidelines for its App Store: “Apps which contain DUI checkpoints that are not published by law enforcement agencies, or encourage and enable drunk driving, will be rejected,” the new guidelines say.
The senators applauded Apple’s move to restrict future such apps but said the company also should remove current ones.
USA Today reported in March on the growing popularity of free or cheap, downloadable applications that help drivers avoid getting nailed for road offenses such as red-light camera violations and speed-trap busts. The report noted that the DUI function troubled some police agencies.
Fuzz Alert, one popular app that had the DUI checkpoint function, was altered last month to remove it, Fuzz Alert CEO Steve Croke said. “Fuzz Alert was not a DUI app and was never intended to be a DUI app,” he said. “(It) was designed as an audio-visual electronic device to warn drivers of traffic enforcement and speed impediment areas (such as) speed cameras, red light cameras and road hazards. The DUI aspect was never a core component to Fuzz Alert, so we took it out.”
If you or a loved one has been arrested for a DUI in Miami or Dade County, it is imperative that you contact a Miami DUI Attorney from Musca Law to discuss your rights.
How accurate breathalyzer machines are in determining whether a driver is legally impaired is a subject that is widely debated. Since states across the country began using them welcome before the 1940’s, DUI Lawyers from across the United States have weighed in on accuracy and efficiency of breath test results.
One of the main reasons for the hot debate is the fact that so many factors can affect the results of a breathalyzer test. A non-exhaustive list of some of these factors that sparked this debate includes, but is not limited to, the following:
- Diabetes
- Cigarette smoking
- Medications
- Acid reflux
- Eating too much bread
- Breathing pattern or hyperventilation
Simply put, using a standard breath test to determine whether a driver is impaired is not the most reliable method in evaluating the amount of alcohol in an individual’s body at a certain time. One of the main reasons is that it does not measure any other outside factor, such as medications or other legal and illegal substances that could lead to a higher breath test, such as cold medicine, illegal drugs or another prescribed medication. A Miami DUI Attorney can help you determine whether your breath test results are correct.
The large amount of reliability questions has led some states to try to counteract the error rates. In a few states, state troopers or officers will use hand-held screening devices that test for alcohol levels and give the officer the initial cause to arrest a driver on suspicion of drunk driving. Drivers in Florida, however, do not have to worry about law enforcement officers carrying handheld breath alcohol screening devices, as Florida has not adopted this policy.
Another alternate measure to breath testing is urine testing. This is used quite often by officers or state troopers when they have reason to believe that a driver is impaired or driving influenced by alcohol or drugs. A urinalysis has the ability to test for common illegal drugs, such as marijuana, and other prescription pills, like Xanax. However, since a urinalysis cannot actually determine the “amount” of a substance in an individual’s system, their reliability is also questionable. Though, urinalysis may still be requested if a driver seems impaired but has a low breath test result to see if there are other types of influences in a driver’s system.
Some states go so far as using blood testing to determine the level of intoxication. While blood testing does have some delays to it, the reliability is generally higher. Blood testing can help paint a more accurate picture of the level of intoxication in a person’s system due to the fact that it can measure the level or dosage of medications and other substances.
The law in the State of Florida provides that by operating a vehicle in the state you have consented to submit to alcohol or substance testing. While the refusal to submit to breath testing is not a crime in and of itself, there are certain administrative penalties such as loss of a driver’s license that will result by the denial.
An experience Miami DUI Attorney from Musca Law can help you determine your pending DUI charge and answer any questions you may have about your breathalyzer results.
As advocate groups of tougher penalties for DUI offenders become more and more prevalent, the penalties for DUI in Florida are tougher than ever. The most recent penalties for individuals accused of driving under the influence are the most severe to date, and it seems that year after year the lawmakers are adding more penalties to increase the old ones.
With nine convenient locations throughout south, southwest and southeast Florida, and a highly trained office in Miami, the Miami DUI Lawyers at Musca Law defend individuals throughout South Florida charged with driving under the influence. With the penalties for DUI in Florida tougher than ever, it is critical that you obtain a highly experienced and trained Miami DUI Attorney that can help you prepare the best possible defense for your charges.
There are statutory mandatory minimum penalties for DUI’s in Florida, as you can see from the outline set forth below:
First Florida DUI Offense:
Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances.
Jail: Not more than 6 months. Not more than 9 months if BAC is 2.0 or higher or if a minor was in the vehicle.
Florida DUI Fines/Costs: Not less than $250 nor more than $500. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $500 nor more than $1,000.
Florida License Suspension: 180 days to 1 year.
Violation of Zero Tolerance Law: 1st offense: 6-month license suspension; 2nd offense: 1-year license suspension. Must complete a Traffic Law & Substance Abuse Program before any hardship reinstatement can occur.
Florida Conditional License: Yes. Must complete DUI school first.
Vehicle Impound: 10 days unless the family of the defendant has no other transportation.
Florida DUI School: 1st conviction: Must complete DUI school (12 hours) before any hardship reinstatement. If reinstated after revocation period expires, failure to complete DUI school within 90 days after reinstatement will result in license cancellation.
Florida Probation: 1 year maximum.
Florida Community Service: Mandatory 50 hours or additional fine of $10 for each hour of community service required. Court may grant community service in lieu of DUI fines if defendant is unable to pay.
Second Florida DUI Offense Plus:
Florida Criminal Status: Any DUI violation resulting in property damage is a misdemeanor of the 1st degree. Any DUI violation resulting in serious bodily injury to another is a 3rd degree felony. Any DUI violation that results in the death of another is DUI manslaughter, resulting in either a 1st or 2nd degree felony, depending on the circumstances. A 3rd violation in 10 years is a third degree felony.
Jail: Not more than 9 months. Not more than 12 months if second conviction is within 5 years of first, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Florida DUI Fines/Costs: Not less than $500 or more than $1,000. If the BAC is 2.0 or higher, or if a minor was in the vehicle, not less than $1,000 or more than $2,000.
Florida License Suspension: 180 days to 1 year. Minimum 5-year revocation if second conviction is within 5 years of the first. May be eligible for hardship reinstatement after 1 year.
Vehicle Impound: 30 days if second offense is within 5 years of first. May be waived if family of the defendant has no other transportation.
Florida DUI School: 2nd conviction in 5 years: Must complete DUI school (21 hours) following conviction.
Florida Probation: 1 year.
Florida Community Service: Court may grant community service in lieu of DUI fines if defendant is unable to pay.
Other:
Commercial Vehicle: BAC limit for commercial drivers is .04 or higher, or refusal to take breath test. One-year license revocation for 1st offense. Permanent disqualification of license for 2nd offense. No hardship provisions.
Under Age: 21
Florida DUI Insurance Consequences: How a DUI/DWI Affects Your Car Insurance.
How long does a DUI stay on your record? A DUI in Florida stays on your driving record forever.
Driver Responsibility Tax: N/A.
Ignition interlock device program: 1st offense: Up to 6 months; 2nd offense: Mandatory ignition interlock device for 1 year.
As you can tell from the basics of the statutory penalties in Florida, the fine for a first-time offender, which is the bare minimum, is as follows:
- minimum of $500.00
- 6 months’ probation
- 50 hours of community service
- driver’s license suspension of at least six months
- court cost which is around $400.00
- Driving Under the Influence school, which costs $250.00 and takes two days
- 4-hour victim awareness class
- 10-day vehicle impoundment of the vehicle driven on the night of arrest.
However, it is important to note that these are the minimum penalties. One of the newer changes that affect individuals charged with driving under the influence includes enhanced penalties. Recently, the State is offering enhanced penalties if a DUI defendant wishes to challenge the charge at trial. This means that a DUI defendant with a breath test over .15 BAC will receive a $2,000.00 fine (plus court costs), 1 year of probation, 1 year of license suspension, 6 months car interlock, and 100 hours of community service. Therefore, it is more important than ever to make sure that you have an experienced Miami DUI Attorney to help explain the options available to you if you are facing pending DUI charges.
The attorneys at Musca Law are widely known across the State of Florida as excellent and experience DUI Attorneys who can represent those who have been charged with driving under the influence. The lawyers at Musca Law have a combined level of experience exceeding 100 years, and focus heavily on representing individuals charged with DUI in and around the South Florida and Miami area.
Every defendant that has been charged with driving under the influence deserves a fair procedure. This includes a blood alcohol measurement that is extremely accurate. Regrettably, the reliability of a breath test by Florida law enforcement officials and highway patrolmen is not as reliable as the State of Florida would like you to believe. A Miami DUI Attorney can help determine if the breath results from a pending DUI charge are reliable and help you investigate the charges against you.
There are a number of factors that play a part in the unreliability of a Breathalyzer examination, which are discussed below:
Size of the individual being tested
One of the biggest concerns involved with the accuracy of the Breathalyzer examination is that the test does not take into account the size of the individual undergoing the examination. The Intoxilyzer device was actually designed to be used on a man that is fairly average in both size and weight, and it does not take into account that some individuals undergoing the test are much smaller or even much larger than a normal size. Thus, the results of the breath test can be seriously flawed.
Lung capacity of the person being tested
Additionally, different individuals are equipped with different lung capacities. This is relevant because the Breathalyzer measures the concentration of alcohol in the amount of air you blow into it. For example, a small woman is going to blow less air into the Breathalyzer than a large man. Conversely, a large man with a greater lung capacity can blow more air may in the Breathalyzer. In either instance, the results can be flawed because of the differing lung capacities.
Metabolism of the person being tested
Another factor that plays a serious role in the accuracy of a Breathalyzer test is the metabolism of the individual undergoing the test. A person’s metabolism measures how quickly your body can process and/or breakdown alcohol. This is significant because experts readily agree that it takes anywhere from 30 minutes to 90 minutes for alcohol to be absorbed into your bloodstream. Thus, if you have a few drinks at a restaurant or bar and then leave shortly thereafter to drive home and are pulled over, the amount of alcohol in your bloodstream will be significantly higher at the time you are ultimately tested than at the time you were driving. This can lead to an inaccurate test result.
The Associated Press report below discusses an extremely high Breathalyzer reading:
Presence of other non-alcoholic substances
Another leading problem with the accuracy of a Breathalyzer test is the fact that the testing device will often register the presence of other substances that are non-alcholic but contain a chemical property of alcohol. This is problematic because certain health conditions, such as diabetes, may lend themselves to an inaccurate test result. As an example, when a diabetics’ blood sugar is too high because they need insulin or some other reason, acetones are produced on the breath of that individual. Acetones are a form of alcohol and if this condition exists at the time of the Breathalyzer test, it will cause the device to register alcohol on the breath even when the diabetic individual has not been drinking. Physical side effects such as dizziness, slurred speech and loss of coordination are also characteristics of a diabetic experiencing ketoacidosis, which further exacerbates the problems and gives the appearance of impairment.
Below is a video in which a notable former Miami police officer tests the breath test reading with a solution designed to emulate the effect of ketoacidosis:
In Florida, you can be convicted of driving under the influence if your Breathalyzer reading was at least 0.08 percent and you were in actual physical control of a vehicle. Alternatively, you can be convicted of a DUI if the state prosecutor can show you were actually impaired while you were in actual physical control of the vehicle. However, a large part of DUI convictions are based off of a Breathalyzer examination result.
Due to the fact that Breathalyzer examinations and the results are so inaccurate, and the widespread use of Intoxilyzer results being used to obtain DUI convictions, it is extremely import that you speak with a Miami DUI Attorney at Musca Law as soon as possible after your arrest to discuss your rights and the best way proceed in preparing a defense to your pending charges.
Miami DUI Attorney John Musca challenged a Cape Coral, Florida DUI Checkpoint after a client of the firm was arrested and charged with driving under the influence.
Facts of the case: The client was stopped at a DUI checkpoint within 4 blocks from his home after returning home from having dinner with his wifeAfter returning from having dinner with his wife. The officers at the checkpoint asked him whether he had anything to drink that evening, and he acknowledged that he had a few glasses of wine with dinner. After this acknowledgement, the client was asked to perform a field sobriety check, which included a breathalyzer check. Due to the fact that the client was a 76-year-old man with a hearing impairment, he was unable to pass the field test due to balance inabilities. The breath analysis test indicated that the results were a .074. After being placed under arrest and charged with driving under the influence, Miami DUI Attorneys for Musca Law were retained by the client.
Over the last few years, the Florida Highway Patrol and local law enforcement agencies are making arbitrary DUI stops and searches a common practice. DUI checkpoints are a practice used by police officers and the highway patrol to tighten the grip of those driving while under the influence of alcohol. However, there is a serious concern that this “concern” for public safety is becoming to infringe upon the fourth amendment rights of the people.
The Supreme Court of Florida has acknowledged that DUI checkpoints do in fact constitute a “seizure” relative to the Fourth Amendment. Additionally, the State of Florida has conceded that DUI checkpoints are constitutional and valid. However, the Supreme Court has still determined that DUI checkpoints are still constitutionally acceptable as long as there is minimal intrusion and are done with evident effectiveness. Therefore, there is a “three-minute rule” in Florida which provides that every vehicle that enters a designated checkpoint site cannot be detained in traffic for more than three minutes. If the three-minute time is exceeded, the officer in charge must temporarily suspend the diversion of automobiles into the checkpoint lanes and turn the checkpoint into a systematic selection of vehicles to be stopped at the discretion of the commander who is in charge of the checkpoint. Vehicles will then proceed back into the checkpoint lanes when the period becomes less than three minutes.
A policy manual promulgated by the Florida Highway Patrol and local police departments dictates how a DUI checkpoint must be conducted. The police must adhere to the guidelines when engaging in a DUI checkpoint operation, assuming that these policies meet with constitutional muster. In the instant case, Miami DUI Attorney Musca noted that the checkpoint operational plan used in this case did not pass constitutional muster because the inquiry and further detention of the drivers who entered the checkpoint were left to the sole discretion of the officer, and the automobile selection process was also left to the sole discretion of the field officer.
Attorneys for Musca Law used every possible defense available for the client. After reviewing the discovery and recognizing the problem with the DUI checkpoint procedures, the charges against the client and the defense did not have to file a Motion to Suppress.
For further information about DUI Attorney John Musca, please visit Musca Law, where you can review the firms current case list and successes, and obtain legal information.
Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.
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.
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.
