Miami DUI Attorney Blog

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 Miami 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! 

 

 

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.

 

Continue reading "Judges Toss Out DUI Cases After Faulty Breath Test Machines Discovered" »

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! 

Miami Beach Brazilian-born artist Romero Britto whose pervasive paintings and sculptures embellish the walls from Metrorail stations to malls, has been arrested on a DUI charge.

Britto an accomplished artist rose to acclaim in South Florida due to his paintings of figures and animals in bold and vibrant colors, outlined in thick black.  His style often combines neo-pop and cubism, which engage in numerous mediums, to include serigraphs, and acrylic on canvas sculptures. He has been accredited for creating images for Pepsi-Cola, Absolut Vodka, the Smithsonian Institution, St. Jude's Hospital and St. Christopher's Children's Hospital.

Miami Beach Police stated that Britto's black 2001 Bentley crossed into the left lane on more than one occasion, that he had almost struck another vehicle while driving in the 500 Block of Washington Avenue.  Officer P. Soccarras the arresting officer administered on the scene breathalyzer tests which recorded that Britto was twice the legal limit.  Soccarras also noted that he described Britto as having "a flushed face, bloodshot watery eyes, slurred speech, and a strong odor of an alcoholic beverage on his breath."  Furthermore "he did not perform the standards" during the roadside sobriety check. 

A roadside sobriety check consists of challenges relative to the driver's physical coordination, mental alertness, and the ability to follow instruction.  It is believed that if a driver has a blood alcohol concentration of about .08% then he/she will not be able to pass the test, and the presence of too much alcohol or drugs in the body significantly impairs a driver's mental and physical abilities. These tests are conducted on the side of the road or highway by where the driver was pulled over. 

If you or someone you know has been charged with a DUI in Florida, you should know your rights and retain an experienced and skilled defense lawyer to evaluate your case.  The penalties for Driving Under  the Influence of alcohol and/or drugs are extremely severe which can include jail time, costly fines, and a lengthy driver's license suspension.  When you are granted the privilege of having your driver's license reinstated, you could end up paying an astronomical amount in insurance premiums.

Contact MUSCA Law before exposing yourself to unyielding penalties.  John Musca is an aggressive and experienced Florida DUI Criminal Attorney who knows how the system works and how to build a felicitous defense for you.

With the growth and popularity of our waterways, the crime of boating under the influence is fast becoming a common criminal offense. Robert Ray Huizenga, the son of former Miami Dolphins owner, H. Wayne Huizenga, was recently arrested and charged with this crime. The Police arrived on the scene after a woman called 911 claiming two unidentified men tried open a locked door to her home. Officers found another man, Patrick Stewart, on the victim's property and Huizenga waiting in the water on a 2005 Jupiter Marine boat.

It took Huizenga several tries to successfully toss officers a rope to the dock. The officers claimed Huizenga smelled of alcohol, slurred his speech and had difficult behavior. He believed that the victim's house was his own. Huizenga refused to submit to alcohol testing and was subsequently arrested. He now faces charges of boating under the influence and refusal to submit to an alcohol test. Officers arrested Stewart for possession of marijuana, possession of a controlled substance and trespassing.

 

 

Continue reading "Son of Former Miami Dolphins Owner Arrested for BUI" »

Carol Jean May of Manatee, Florida, who is 71 years old, was found passed out in her vehicle recently in the parking lot of the Desoto Square mall. Manatee County Sheriff's deputies received a call around 11:00 p.m. that May's vehicle had run over some bushes in the mall, which is located a block across the street from the Sheriff's office. Upon arrival, they noticed that May's car was in fact lodged between some bushes at the mall and was completely off the pavement. The responding deputy had to wake the sleeping May who was initially unresponsive and could not stand on her own. May readily admitted to the driving under the influence of alcohol. When asked by the officers how much she alcohol she had consumed, May responded, "Too much." Miami DUI lawyer Musca advises clients to be careful about their statements to police.

May was so intoxicated, according to the officers, that she was unable to perform a breath test or any field sobriety tests. She barely responded when police attempted to read her Miranda rights. The police report filed by Manatee County Sheriff's deputies stated that she could not sit upright in the back of the police car. May stated that the arrest did not matter to her because license was already suspended for the rest of her life anyway. Indeed, May's license was suspended for the rest of her life after a 2002 drunk driving incident.

The arrest is May's seventh for driving under the influence. After her first arrest in 1971 May was subsequently arrested in 1973, 1978, twice in 1998 and in 2002. Those six prior arrests have resulted in five prior convictions. Most recently, May was convicted of DUI and driving with a suspended license in 2002 after she crashed into another car. She was sentenced to 11 months and 29 days in jail and her license was suspended for life. She is currently being held on $80,000 bail at the Manatee County Jail.

More information is available here.

The United States Coast Guard, along with local law enforcement in Miami-Dade County, have joined together to crackdown on boating while intoxicated this Fourth of July weekend.

Many Miami-Dade area residents choose to spend their holiday weekend on a boat enjoying the region's local waterways. This recreational activity can be harmful to the public safety, however, when alcohol is involved, says Miami DUI attorney John Musca. Experts estimate that around 20 percent of the approximately 400 fatal boating accidents that occur in the United States every year are caused by boaters who operate their vessels while intoxicated. The legal limits for operating a boat or other water vessel after having consumed alcohol or a controlled substance are the same as for operating a motor vehicle. Above the legal limit of a .08 percent blood alcohol concentration a boater is considered per se intoxicated under the law. For boaters with a BAC of .08 or boaters who have consumed other intoxicating substances determining whether they are intoxicated enough to face criminal penalties is based on the totality of the surrounding circumstances. Boaters may be asked to perform field sobriety tests similar to those motorists perform.

Experts have determined that boating under the influence is especially dangerous because intoxicated boaters are more susceptible to be distracted by surrounding environmental factors. The effects of the sunlight, of loud noises and the wind are all increased when a boater operates his vessel while under the influence.

Miami-Dade law enforcement officers and Coast Guard officials are taking a two-pronged approach toward dealing with the problem of intoxicated boating this 4th of July. As part of Operation Dry Water, officials will educate boaters on the dangers of boating while intoxicated and on measures they can take to reduce fatal accidents such as wearing a life jacket. Second, officials will increase patrols of the area's waterways in an effort to both deter and respond to intoxicated boating.

More information is available here.

The "legal limit" at which the law assumes a driver is impaired by alcohol is a blood or breath alcohol concentration of 0.08 percent. He may also be arrested and convicted of DUI, however, with a significantly lower BAC if the arresting officer believes she her evaluation of the motorist's condition shows that he is actually impaired. But what if the sheriff's deputy or police officer takes the alleged DUI offender back to the station for testing and finds that the driver consistently blows a very low number, like 0.01 or 0.02 percent, or even shows a BAC of 0.0 percent?

The average person might assume that he would be let go, on the basis that the arresting officer must have made an error. This is probably not as likely as the typical driver would like to believe. Instead, the motorist will be asked to submit to other testing by way of providing blood or even urine samples. This is in part because the police may be suspicious that the driver is impaired by a different substance, or another substance in combination with alcohol. Additionally, blood samples are generally perceived as showing the true amount of alcohol in a person's system more reliably than a breath test machine. Still, the results may show no alcohol.

A charge of DUI can be maintained if the motorist is believed to have been under the influence of drugs. Generally, this is taken to mean illegal drugs, but it can also mean prescription drugs, regardless of whether the motorist has a valid prescription, and even over-the-counter drugs. The over-the-counter drugs may especially be considered when found in tandem with another substance. For example, a moderate amount of alcohol combined with an allergy medication that causes drowsiness is likely to render a person impaired, even if there was no such intent. The blood and urine tests allow law enforcement agencies to find substances other than alcohol. No other drug, however, has a baseline level at which the law presumes intoxication. Prosecutors often operate on the assumption, then, that even small amounts of a drug such as cocaine could have caused a DUI if a police officer testifies that a motorist's driving appeared dangerous or abnormal.

The ex-Yankees star Jim Leyritz, 45, is facing a DUI Manslaughter charge, scheduled for trial on September 14. Leyritz was involved in a car accident in the early hours of the morning on a dark December day in 2007. He allegedly ran a red light and his blood alcohol concentration exceeded the 0.08 percent. Fredia Ann Veitch, who was 30 years old at the time of the accident, was in the car that collided with the one Leyritz was driving. Veitch was driving home from her shift at a local restaurant. Complicating the case significantly is the fact that Veitch was also driving under the influence of alcohol. She was killed as a result of the accident. Witnesses stated that Leyritz was the driver who ran the stop light, although Veitch's BAC was higher than Leyritz's. Now, Leyritz is haunted. He wants to return to his days as a popular former ball player, but not believes he is perceived wrongly. He insists that he did not cause the accident. Leyritz has sold off expensive baseball-related items to cover his expenses and has told reporters that he cries thinking of the accident. He is sorry that Veitch's death occurred, but not remorseful because he believes he was not at fault. Leyritz also says he is not now- and has never been - an alcoholic. Still, he has been pushed out of the charity work he used to enjoy and even hounded by news reporters when attending church. "There was no possibility of me avoiding that crash with all of my senses. A mother was taken away from her kids. I can't change that. But I didn't do it. The accident did. And that accident wasn't my fault," Leyritz insisted. Most of all, he said, he wants to be cleared and to move forward with his life.Contact the Musca Law Miami DUI attorneys as soon as possible following a DUI arrest.

Miami drivers cope with crashes every day on I-95, the Palmetto Parkway, the Dolphin Expressway, and virtually all other major thoroughfares through the city - especially those roads that link the suburbs to downtown Miami for commuting professionals. Still, despite these inconveniences, they do not often hear about driving under the influence arrests that are beyond the ordinary. These headlines sometimes make national news for their oddness.



In Bismarck, North Dakota, law enforcement officers apprehended a man for DUI. They located the man when he crashed his truck into the emergency room of a Bismarck hospital. Unfortunately for the driver, his woes did not end with his poor choice of location for a car accident. The driver, Nicolas Krush, 47, was naked when he was placed under arrest by police. Initial reports indicated that Krush may have actually been in search of medical treatment: police received a call about a man headed to Bismarck for treatment for a prescription drug overdose. Hospital officials said that the truck's collision with the hospital building caused in excess of $100,000 in damage to the facility.

On a more local note, Marion County law enforcement officials have arrested a man on suspicion of driving under the influence/driving while intoxicated. According to police, Howard D. Reece, who is a 21-year-old resident of Ocala, was driving a whopping 82 miles per hour in a 30 mile per hour zone when police spotted him after 11 p.m. on May 5. A deputy attempted to pull over Reece, who sped away. The red-and-white Chevy climbed to speeds topping 100 miles per hour during the chase that ensued, failing to obey traffic signals until he jumped out of the car at a dead end. Reece ran from deputies, who quickly apprehended him. Reece's blood alcohol concentration was in excess of the 0.08 percent level at which the law presumes a driver's intoxication. Additionally, there were warrants out for his arrest for burglary and grand theft.

Original reports are available here and here.

In October of 2007, Catherine Martin, then 17, was driving a car with her 16-year-old sister Carolynne Martin as her passenger. Catherine had been drinking before the accident occurred. According to the police investigation, she ran a stop sign, crashing into a truck driven by Miami firefighter captain Robert Garcia. Garcia, who was the captain of his fire station, was ejected from his car and killed. The passenger in his truck survived the accident. Catherine Martin also survived, with injuries, but her sister Carolynne was killed.

The Miami-Dade State Attorney's Office has investigated the case extensively since the accident and considered bringing DUI Manslaughter charges against Catherine Martin. The teenager admitted to an officer at the scene that she had been drinking and law enforcement officials stated that she smelled of alcohol. Still, the blood samples taken later did not put her blood alcohol concentration at or above 0.08 percent, the level at which state law presumes a driver is too impaired to operate a vehicle. The blood samples showed her blood alcohol concentration ranging from 0.056 to just 0.013. Prosecutors believe her blood alcohol level was probably less than 0.07 percent at the time of the crash. With that in mind, the State Attorney's Office determined that it would be unable to prove the crime of DUI Manslaughter. Captain Garcia's family also apparently requested that the state not prosecute Catherine Martin. Minors, of course, are not legally permitted to consume alcohol.

Now 18 years old, Catherine Martin is in her first year of college and hopes to become a physician. Her mother, Lucia Martin, said of Catherine and the accident that, 'It's not easy on her. She's trying to get by," and described Carolynne as Catherine' s "best friend." Lucia Martin also said that she hopes Captain Garcia's family is doing well and has found "peace with God" regarding the accident and Garcia's death.

An article on this accident is available here.

If you have been arrested for driving under the influence, contact the Miami DUI attorneys at Musca Law as soon as possible after your arrest.

The short answer is no. Although law enforcement officers are generally well-meaning and hope to make the Florida roads and highways safer places for everyone, there are a few bad apples in every bunch - even in police departments. In some jurisdictions, the push for more drunk driving arrests has led to internal complaints from other police officers, numerous charges dropped by state attorneys with insufficient evidence, and even lawsuits by innocent people who were falsely accused of driving under the influence.

A few years ago, one such police officer came to light in Florida. Salvatore Mattino, of the North Palm Beach police department, was noted for his consistently high numbers of DUI arrests. Local civic organizations commended him for his service. He received awards for the number of arrests. Inside the police department and even Mattino's own patrol car, however, it appears that things were not as rosy as they seemed.

"Sal Mattino's car stops were very questionable. He's a good person. But just because you're a good person doesn't make you a good tactical police officer," says a former police officer who served alongside Mattino before becoming Palm Beach County Sheriff's deputy, Ira Peskowitz. During one of Mattino's arrests, he fought with another officer about whether to go through with it, and Mattino's supervisor later told him, "I'm tired of officers complaining about you and your DUI arrests."

What was the problem? Apparently, Mattino had brought in a number of suspects, saying that they failed roadside field sobriety tests. When they got to the station, they showed no alcohol in their bodies at all, according to the breathalyzer machine. Nonetheless, some were detained to collect urine samples - which did not show the presence of any intoxicating substance whatsoever.

Whether or not Officer Mattino is overzealous is a matter for the community to consider. In the meantime, it appears that he still serves on the force.

When a motorist is arrested for driving under the influence in the state of Florida, he has many concerns. Posting bond, finding a good DUI defense attorney, and telling his family are just a few of the immediate issues. But what about driving privileges?

Under state law, the Florida Department of the Highway Safety and Motor Vehicles (FDHSMV) suspends driver's licenses of people arrested for DUI, with a 10 day permit to drive. During that period, the drivers can request a formal hearing, with an attorney present, to reinstate driving privileges. Otherwise, the license will generally be suspended for six months or more, depending on the charge, at the conclusion of the 10 days. In Florida, this is known as the 10 day rule, and it is important to contact a DUI lawyer as soon as possible after your arrest in order to fight your driver's license suspension.

But what about the presumption of innocence? If a driver is accused of driving under the influence, it follows that his driver's license should not be suspended until after he is found guilty in a court of law. The presumption of innocence - the notion that a defendant should be considered innocent until he is proven guilty - is a cornerstone of our criminal justice system.

The state gets around this issue by allowing the formal hearing. At the hearing, a person who is employed by the FDHSMV listens to the evidence and comes to a decision. The DUI defendant may be represented by counsel at the hearing. At the end, the adjudicator, who is probably not a lawyer, determines whether the person arrested will be allowed to keep his license or not.

Right now, the Minnesota legislature is considering a measure to require a DUI conviction before the driver's license is suspended. Florida, however, retains the 10 day rule.

If you have been arrested for DUI/DWI in Florida, contact the experienced Miami DUI lawyers at Musca Law to begin preparing your legal defense.

In 1954, Dr. Robert Borkenstein, an Indiana University professor and former captain with the Indiana state police invented the first breathalyzer device to measure a subject's blood alcohol content. Borkenstein's device worked by using photometry, the measurement of a substance's reaction to light, and chemical oxidation, the measurement of oxygen's reaction to other chemicals, to determine the presence of alcohol in the subject's bloodstream. Modern breathalyzer devices have improved upon Borkenstein's design by using infrared spectrometry, a science which more precisely identifies the presence of alcohol in the subject's blood. One major advantage of Borkenstein's invention was that it was smaller and easier to operate than the earlier devices used to measure a subject's blood alcohol concentration, thus making it better-suited for officers to administer roadside.

With the mass production of this device many states started to pass per se impaired DUI laws. Under a per se law, a driver is presumed to be intoxicated when his blood alcohol concentration is higher than a certain level regardless of how impaired he seems to be or how he performs on his roadside tests. Because the modern breathalyzer device provided a numerical value to represent the driver's impairment it became easier for law enforcement to measure a driver's level of intoxication. Also in the 1950s and 1960s, research began to show how a person's driving ability could become significantly impaired at a level of as low as .04 percent BAC. These developments in the scientific community led to all 50 states passing per se intoxication laws.

Modern breath tests for alcohol are generally divided into two categories: preliminary breath tests and evidentiary breath tests. A preliminary breath test is usually the device a police officer will ask a driver to blow into after he has been stopped. A high reading on a preliminary breath test gives the officer a reason to arrest the driver, but the result is generally not admissible in court. An evidentiary breath test is usually given to the driver once he has been taken to the police station. These tests are considered more reliable and are generally admissible in court. Despite the scientific developments in breath tests, these tests are still far from perfect. Modern breath tests can give improper readings for a number of reasons, such as if they have not been calibrated properly for changing temperatures or if the subject has an irregular breathing pattern.

DUI lawyers are keenly interested in the science behind breath testing to determine blood alcohol concentration. Since the time the automobile became mass produced in this country, workers in the scientific and law enforcement professions have been interested in measuring the amount of alcohol a driver has consumed before getting behind the wheel. Scientists as early as the late 1800s speculated that breath testing would be an effective way to measure a person's blood alcohol content, but it was not until the 1930s that a workable device resembling what we now call a "breathalyzer" was first invented. Breath testing was seen as a more practical and less intrusive way for law enforcement officials to measure a driver's level of intoxication than blood testing. Additionally, many people were concerned about a police officer's ability to administer a blood test without medical personnel present.

The first mass produced product for breath testing was known as a "Drunkometer" and was invented in 1938. The Drunkometer worked by having the motorist release an air sample into a large balloon. The breath sample would then be treated with a chemical compound that would change the color of the solution based on the presence of alcohol. The Drunkometer was a very rudimentary device. Police officers would have to make a subjective judgment about the amount of alcohol in a person's blood based on the color of the solution once it had been treated. A subsequent device, the "Intoximeter," created in 1941, also treated the breath sample with a chemical solution to determine the subject's level of intoxication.

While breath testing can be extremely inaccurate, the technology has certainly advanced beyond roadside balloons. There has been a recent push for more blood testing, due to the higher rates of accuracy, but the blood test seems to cause higher rates of refusal and is difficult for police officers rather than medical staff to administer.

If you have been arrested for driving under the influence of alcohol or drugs, contact the attorneys at Musca Law.