Miami DUI Attorney Blog

Homeland Security officials accused Carlos Bertonatti, a Miami musician facing charges for running over a cyclist last month, of misleading them, which makes him a flight risk according to Miami-Dade prosecutors.  Prosecutors have said that Bertonatti, who shares the same name with his father, would use his father's name to slip out of the country.  Bertonatti surrendered his Venezuelan passport at his bail hearing, but prosecutors argued that he is hiding an Argentinian passport.  Based on this argument, the judge ordered Bertonatti to be taken back into custody and held until his DUI-manslaughter trial starts in May.

Bertonatti was charged last month with vehicular homicide after he crashed into cyclist, Christopher Le Canne, and sped away with Le Canne's bike still wedged under his front fender while Le Canne lay bleeding to death.  Bertonatti sped away and did not stop even when an officer near the scene tried to stop him, said Det. Rebecca Perez, a spokesman for the Miami-Dade Police Department.

At the time of the crash, Le Canne was proceeding east on his bike in the bike lane on Bear Cut Bridge on the Rickenbacker Causeway before Key Biscayne.  Bertonatti was also proceeding east as well as he veered into the bike lane and struck Le Canne.  Bertonatti sped away as a Key Biscayne officer tried to stop Bertonatti just after he crossed the bridge.  He did not stop until he reached the 600 block of Grapetree Drive, near his upscale apartment.  He was taken into custody at that time.  Authorities believe that Bertonatti was both speeding and under the influence of alcohol at the time of the crash.

Another cyclist that witnessed the crash said, "I can't fathom how someone can hit another human being and just take off and leave the person on the side of the road like he had hit a dog."

 

Continue reading "Miami Musician Caught Speeding, Failed Field Sobriety Test, Facing DUI Manslaughter Charges" »

A Miami musician that was arrested last month after, police alleged that he hit and killed a bicyclist, is back in jail again. The 28 year-old man, who had been charged with DUI manslaughter and vehicular homicide, was released from jail on $100,000 bond.  

The musician landed himself back in jail, when the state raised questions about his passport. Although, he had surrendered his Venezuelan passport, there were questions raised, as to whether or not he holds an Argentine passport as well.  He is accused of misleading Homeland Security officials, which makes him a flight risk, according to Miami-Dade officials.

The aspiring pop star is considered a danger to the community, and a flight risk, due to a driving record, that consists of 40 incidents.  The Judge agreed with the prosecutions argument and sent the musician back to jail until his trial starts for DUI manslaughter

If you have been charged with a crime and are a foreign national living in the U.S., your criminal case can cause you to be denied a visa, green card or even permanent residency.  A criminal conviction can also lead to deportation.   The criminal defense lawyers at Musca Law have the aggression and experience to successfully represent those accused of a crime from a simple traffic stop to a murder charge .  We have successfully represented clients in Miami and throughout the State of Florida.  Contact Musca Law immediately for a free consultation.

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

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

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

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

 

Continue reading "Driver Charged with 2 Counts of DUI Manslaughter after running Stop Sign" »

 

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

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

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

Continue reading "Attorney Musca Discusses New Evidence in DUI Manslaughter Case Against Leyritz" »

 

A driver hit and killed a Broward County bicyclist over the weekend. A Mercedes traveling north on AIA collided with a bike rider heading the same direction at 12:15 a.m. Emergency services took the victim to Broward General Medical Center where he later died.

The identity of the victim has not been released until next of kin has been notified of his passing. Officers suspect the driver of the vehicle, Melinda O'Donnell, was under the influence at the time of the accident. Officers are treating this incident as a DUI investigation. Charges against O'Donnell are still pending.

 

Continue reading "Driver Involved with DUI Death of Broward County Bike Rider " »

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! 

 

Broward County, Florida. Former major leaguer, Jim Leyritz, is accused of causing an alcohol related crash in Ft. Lauderdale in 2007. Authorities claim that the former Yankee drove his sport utility vehicle through a red light and collided with another driver. The victim later died at the hospital. Leyritz had a blood alcohol level of .14; almost twice the legal limit of .08. Test results showed that the victim's blood alcohol level was also elevated over the legal limit. Police arrested Leyritz and charged him with DUI manslaughter. He is currently out on bond and faces a maximum sentence of 15 years in prison if convicted. Trial is set for September of this year.

Leyritz is a well known baseball player. He has played for six different professional teams for a total of eleven seasons. Attorney John Musca questions whether it is possible for celebrities to receive a fair trial as granted to all Americans by our fore fathers.

The Sixth Amendment of the U.S. Constitution and Bill of Rights states that each American has the right to a fair, speedy trial with an impartial jury in a Court of law. With news that travels as fast as the internet and mainstream media that is hungry for the latest story, privacy is hard to come by for a celebrity. Judges are forced to juggle the sixth amendment rights of the accused with the first amendment rights of the media: the right to freedom of speech and press.

 

Continue reading "Can Former Yankee Receive a Fair Trial for DUI Manslaughter Charge?" »

Donte Stallworth is a famous former National Football League wide receiver who played with the New Orleans Saints, the Philadelphia Eagles, the New England Patriots, and most recently with the Cleveland Browns during the 2008 season. Stallworth had signed his seven year contract worth $35 million with the Browns before the beginning of the last season, but later suspended indefinitely by the NFL after his criminal issues began, according to Miami DUI defense attorney John Musca. Stallworth was arrested earlier this year and charged with DUI Manslaughter in the death of a man he struck in the early hours of the morning of March 14. Stallworth's blood alcohol concentration was approximately .126 percent, according to testing carried out by law enforcement officers. If the blood test was accurate, his BAC was well in excess of the 0.08 percent level at which the law presumes that he was intoxicated. Stallworth was driving to his Miami home after staying out all night drinking at a fancy Miami Beach club. His victim, a Cuban immigrant, was killed as he crossed the street to catch the bus home to his wife and 15-year-old daughter. The football ex-star has issued a public apology for his actions to the family of Mario Reyes, the accident victim. Stallworth ultimately accepted a DUI Manslaughter plea deal from the State Attorney's Office. In exchange for his guilty plea, he was sentenced to 30 days in jail, as well as a long period of probation and house arrest. Stallworth claimed to have honked his horn and flashed his lights in warning to the pedestrian he struck. He also made the 911 phone call summoning emergency responders to the Macarthur Causeway and submitted to field sobriety tests at the scene of the accident. Stallworth was released from jail today, July 10, after serving just 24 days in prison. He was released prior to the end of his sentence for good behavior, which is a common method employed by corrections authorities to reduce prison overcrowding.

In part two we will discuss the latest news from the Stallworth coverage. Miami DUI attorney John Musca has discussed several high profile celebrity DUI cases because these cases have captured the public's attention on DUI-related issues. In our last article, we discussed a ruling by Miami-Dade Circuit Court Judge Dennis Murphy forbidding the release of a video showing former National Football League player Donte Stallworth hitting and killing pedestrian Mario Reyes. Judge Murphy made his ruling with the support of Miami-Dade State Attorneys and the Reyes family.

Last Tuesday, a representative speaking on Stallworth's behalf acknowledged publicly for the first time that Stallworth had marijuana in his system at the time his vehicle struck Reyes. Previously, the only public knowledge of Stallworth's impairment was that his blood alcohol content was .12, as determined by a blood draw following the crash. Cornwell's statement comes after a story was published in the Miami Herald this week that quoted two unnamed sources who told reporters with that newspaper that Stallworth also tested positive for marijuana at the time of the crash. Additionally, former NFL player Jim Brown had told a Miami area radio station last month that marijuana was present in Stallworth's blood after the crash. It is still unknown how Brown found out this information. Stallworth, who is currently serving 30 days in the Miami-Dade County jail as part of a plea agreement, was suspended indefinitely from the National Football League and now faces another roadblock to his reinstatement in the league after this latest news. The NFL has a substance abuse policy that allows the league to suspend players who test positive for marijuana and other controlled substances. In his public statement, Stallworth's representative said that he hoped the NFL commissioner would base his decision on reinstating Stallworth on existing league policies and that he would consider all the evidence surrounding Stallworth's arrest when making a decision on reinstatement.

The original article is available here.

Gabriel Delrisco was arrested for driving under the influence on December 18, 2001, after spending the evening at an area strip club. Two Pinecrest police officers were called to the Stir Crazy nightclub just after 4:00 a.m. that morning, after Delrisco and a friend refused to leave. The management thought they were causing trouble and requested that the police intervene.

The officers advised him to leave and "tried to give him a break and told him not to drive,'' said officer Mark Moretti, who is now with the Miramar Police Department. Instead, they officers spotted Delrisco a mere 14 minutes later after their advice - and he was behind the wheel of a car. Officer Moretti pulled over Delrisco on suspicion of DUI/DWI at the corner of 81st Avenue and 136th Street Southwest. Delrisco was intoxicated; in fact, his blood alcohol concentration was more than twice the level at which Florida law presumes a suspect is too intoxicated to operate a motor vehicle.

Delrisco's second child, a daughter, was born two days after the incident, but he continued to rack up traffic citations, eventually totaling 26. In January of this year, he was arrested following a tragic car accident that has enraged the public with regard to repeat DUI offenders. Delrisco was involved in a car wreck that killed three children, all from the same children. Now, with Delrisco behind bars, his former wife has been forced to move out of state with the couple's own children after facing eviction, in part because Delrisco can no longer contribute child support. Additionally, his ex-wife has continued battling cancer after been in ill health from the disease for years. She says his arrest has been very difficult for her and the children and she has tremendous sympathy for the family whose children were killed in the accident. ''My kids are alive and they are dead. He will be able to walk out of prison one day but they had no chance. They're gone," she said.

If you have been arrested for UI/FloridaDUIPenalties.aspx">DUI Manslaughter, contact the drunk driving lawyers at Musca Law as soon as possible to discuss your legal rights.

The original reports are available here and here.