Miami DUI Attorney Blog

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

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

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

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

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

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

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

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

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

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

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

 

The defense lawyer in a Miami DUI case points out to the jury that the prosecution is taking perfectly innocent and ordinary behavior and interpreting it as evidence of criminal activity.  A Miami DUI attorney will show the jury that field sobriety tests are unnatural and that it is ludicrous to consider them evidence of being in possession of one's normal faculties.

The so-called "walk and turn" field sobriety test requires taking nine steps heel to toe, making a very specific three-part turn, then nine steps back.  The driver is told to keep his hands at his side and not use them for balance.  The instruction not to use one's arms for balance is very unnatural.  If the driver uses his arms for balance as is natural or does not follow the officer's lengthy instructions precisely, the officer will offer this as "evidence of impairment."  The DUI defense lawyer will point out that people do not normally walk this way so that it is ludicrous to consider the failure to perform the exercise as evidence that the driver's normal activities are impaired.  Since most of the field sobriety tests involve this type of unnatural exercise, the DUI lawyer will try to get the officer to admit that these exercises are unnatural exercises.

Another example of the officer interpreting innocent behavior as "evidence of impairment" would include pulling a driver over for going to slow.  The officer will testify that based on his training and experience driving too slowly is evidence of impairment.  The officer will try to point out anything that is less than perfect driving is evidence of impairment.  A good Miami DUI defense lawyer will point out all of the things the driver did correctly.  The defense lawyer will walk the officer step by step through all of the things the driver did correctly.  The goal is to get the jury to draw the conclusion that although the driver did a couple minor things wrong most of his driving was perfectly normal.

Once the officer has determined that the driver has failed the field sobriety tests, the officer will handcuff the driver and drive him to the jail to take a breathalyzer test.  The prosecutor will not present evidence that the breathalyzer machine is scientifically reliable, and the DUI defense attorney will point this out.  The defense attorney will also argue that taking the driver's blood would be a more reliable way to test blood alcohol level.  He will explain that a breathalyzer test was used instead only because it is cheaper.

If the driver refuses to submit to the breathalyzer test, the officer will say it indicates consciousness of guilt.  However, a DUI defense lawyer will walk the officer through the questions he asked the driver before the breathalyzer test.  Police officers never tell the driver anything about the reliability of the machine or how it works.  The DUI lawyer will explain to the jury that it is perfectly normal not to want to breathe into this mysterious machine if the driver has even had a sip of alcohol.  The defense lawyer will show the jury that it is perfectly reasonable for someone who has already been arrested to not want to trust a machine that he does not understand. 

These are just some of the ways a qualified DUI defense lawyer may challenge field sobriety and breathalyzer tests in court.  This shows how a good DUI lawyer can make a difference in one's DUI criminal case.

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

Breathalyzer tests used in Florida DUI cases are currently being challenged, according to Miami DUI attorney John Musca.  The current challenge to breathalyzer results questions the use of the Intoxilyzer 8000 under Florida DUI law.  This specific model is the only breathalyzer that has been approved for use in Florida DUI cases.  Hundreds of cases in Palm Beach County are being challenged based on the use of this breathalyzer model.

Under Florida DUI law, Florida's breathalyzers must match those used by the Federal government.  Under this standard, DUI defense attorneys are arguing that the breathalyzer does not meet the Federal criterion.  Officials have argued that the discrepancy is a simple typographical mistake.  However, it is being argued that law enforcement officials have tampered with the inspection of the devices and covered up failed test results that show the machines are inaccurate.

These allegations were previously raised in 2008 when the Florida Department of Law Enforcement terminated an examiner who was in charge of all breathalyzer machines in Miami-Dade County for "failing to follow protocol."  The employee had been unplugging the machines to prevent errors from being reported.  Officers in Palm Beach County and Boyton Beach have also previously been found to have tampered with breathalyzer results.

The dismissed inspector had been in charge of all breathalyzer machines in the county so faulty machines might have been used to convict some of DUI offenses.  A Miami judge has been asked to order every Intoxilyzer 800 machine be checked.  If it is established faulty machines were used, there could be citizens who were wrongfully convicted of DUI.

"This is an example of why it is important to have an experienced MIami DUI defense lawyer when a person is accused of driving while intoxicated," said Musca.  "Breathalyzer machines are not infallible and the rules and regulations regarding their use and maintenance are very specific.  Challenging the validity of a breathalyzer test is something that one needs an experienced DUI defense lawyer to handle."

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

 

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.