Miami DUI Attorney Blog

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.

Donte Stallworth is back at work with the Baltimore Ravens and faces the challenge of coming back after a DUI manslaughter conviction in which he accidentally killed a man while driving under the influence of alcohol.  Stallworth pleaded guilt to DUI manslaughter after colliding with 59-year-old construction worker, Victor Reyes, with his Bentley.  Reyes was crossing the causeway in Miami before he was hit on March 14, 2009.  Stallworth's blood alcohol concentration (BAC) was .126 at the time of the accident when he hit Reyes with his Bentley after partying at a South Beach hotel club.

Stallworth served a 24 day prison sentence that many critics characterized as too lenient.  He was also sentenced to 1000 hours of community service, eight years probation and loss of his driving privileges for 5 years.  Though Stallworth could have been sentenced up to 15 years in state prison, his attorneys speculate the lenient sentence was a function of Stallworth taking responsibility for his actions.  "My mom (Donna) taught us to respect others and take responsibility for our actions and learn from our mistakes," said Stallworth.

Following the accident, Stallworth immediately called 911 in an effort to obtain medical assistance for Reyes.  "One of the most important things you can do if you are involved in a DUI where someone is hurt is remain at the scene and obtain medical assistance for the injured person," said John Musca.  "If you are involved in a DUI and leave the scene and fail to provide medical assistance to the injured person, you face additional charges and punishment.

The Baltimore Ravens decided to take a chance on Stallworth who was also suspended from the NFL for a year.  The Ravens constitute the fifth NFL team for Stallworth since the New Orleans Saints drafted him out of Tennessee as a junior.  Stallworth indicates he feels incredible remorse for the incident that haunts him to this day.  "It's tough.  It's a daily process.  It's not something that now that I'm back playing . . . that it's in the back of my mind.  It's something that I deal with every day waking up in the morning and going to sleep at night.  It's a tough situation for everyone involved," said Stallworth.

Musca Law provides the highest quality criminal litigation services to the residents of Miami and the surrounding areas.  Our Miami 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.

A man who was sentenced to 15 years for DUI Manslaughter for causing a crash that resulted in the death of a University of Miami student has exhausted his appeals and will serve the original 15-year sentence, the maximum sentence allowed under the law.  At the time of the accident two years ago, Ramone Herrera's blood alcohol concentration (BAC) was three times the level at which a driver is presumed to be impaired under Florida DUI law.  Herrera was driving the wrong way on I-95 when his vehicle crashed into the Dodge Neon driven by Michelle Shore.

Herrera was charged with DUI manslaughter and vehicular homicide and received a sentence of 15 years which was the maximum in an open plea, leaving it to the judge to determine the sentence.  Herrera had sought to have the sentence reduced on appeal.  However, the judge on appeal affirmed the sentence, and Herrera has now exhausted his appeals.  The family and friends of Shore appeared to implore the judge not to modify Herrera's sentence.  Those close to Shore were happy with the sentence.  "Judge, I'm here on behalf of my daughter to beg you to not let Ramone Herrera serve anything less than a 15-year sentence," said Michelle's mother.

Herrera asked the judge to reduce his sentence saying he was very remorseful.  "My sincere apology goes to the Shore family.  I never intended for that to happen.  This is something that I will forever regret and feel remorseful for," Herrera said.  Herrera's mother also made an impassioned plea through a translator to the judge saying, "But he's not a murderer.  It was an accident."  Miami DUI lawyer John Musca said that DUI manslaughter is a second degree felony which is punishable by a maximum sentence of a $10,000 fine and 15 years in state prison.  A conviction for vehicular homicide provides for the same maximum sentence under Florida DUI law according to Musca.  Because a conviction of DUI manslaughter can result in a lengthy term in state prison, one who is charged with DUI manslaughter in Miami should retain an experienced DUI lawyer who will investigate the circumstances of the accident and the validity and procedure in any breath or blood testing as well as other potential defenses or mitigating factors.

When you are faced with DUI charges in Miami, you will face some serious legal issues where you will need the 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.

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.