Miami DUI Attorney Blog

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.

Many people do not realize that a qualified Miami DUI attorney may be able to challenge very serious charges based on the overzealous or inappropriate conduct of the arresting police officer.  A recent Miami case serves as a case in point.  Peter Epstein built his reputation as a teacher over a 20-year career but saw his reputation seriously damaged when an officer arrested him or driving under the influence (DUI), possession of marijuana and possession of a controlled substance.  The officer pulled Epstein over for an alleged traffic infraction.  The initial stop escalated to the point Epstein was arrested on the DUI and drug charges.

The attorneys for Epstein alleged the officer was extremely overzealous after the stop and that the officer in his attempt to justify the arrest misstated material facts.  Epstein's DUI attorneys aggressively represented Epstein and discovered in the course of their investigation that 7 similar complaints had been made against the arresting officer over the preceding 8 years.  Based on these complaints, an investigation of the arresting officer was initiated by the State Attorney's Office.  The State Attorney's Office through the prosecutor in the case subsequently recommended dismissal of all charges against Epstein.

While Epstein is grateful that the ordeal is over, the dismissal of charges has not repaired the damage the arrest did to his professional reputation.  "Even though all charges have been dismissed, the entire ordeal has been a harrowing experience," said Epstein.  "There was a lot of publicity about my case in the media and unfortunately much of the publicity contained highly inaccurate information which severely damaged my reputation.  Even though I have never been found guilty of any crimes, one traffic stop has severely tarnished my reputation that I have spent 20 years building as a prominent educator in South Florida," explained Epstein. 

Miami DUI attorney John Musca said this case serves as a reminder that police officer's are not necessarily incapable of mistakes or above reproach.  "Sometimes an officer's overzealous efforts may violate the rights of the accused including a defendant's due process rights," said Musca.  If you are arrested for a Miami DUI, a qualified DUI lawyer will investigate the arresting officer to see whether a defense based on misconduct, inexperience or bias is appropriate

When you are faced with DUI charges in Miami, you will face come 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.

 

A driver who is stopped at a Miami DUI checkpoint should know that these types of DUI arrests are the most closely scrutinized types of stops under the Fourth Amendment of the United States Constitution.  An experienced Miami DUI lawyer can demand the prosecutor provide information not just about whether the stop of your vehicle was reasonable, but about whether the stop of every vehicle was reasonable.  An experienced DUI lawyer can request discovery about every officer that participated in the roadblock, the checkpoint policies and guidelines that must be established before the stop, and the supervisor that created all of the predetermined procedures to be used in the Miami checkpoint.

A checkpoint must comply with specific written guidelines which delineate how the vehicles will be selected, the appropriate procedures for any additional detention of the vehicle, and the manner in which vehicles will be disposed, which means that the officers in the field have very little discretion.  The checkpoint must be utilized in a way that will minimize the intrusion and the length of the stop. Finally, the roadblock must be "significantly more effective" than less intrusive means of preventing crime.  Any variation from the written guidelines or procedures established for the checkpoint may form a basis for your Miami DUI lawyer to challenge the checkpoint as unconstitutional.

If the checkpoint is found to be unconstitutional, an experienced Miami DUI attorney can suppress all evidence against you including observations of you and your driving, field sobriety testing, and any refusal to submit to chemical testing (breath, blood or urine).  The suppression of the evidence obtained after a driver's stop may be sufficient to have some or all of the charges against you dismissed.  "Because checkpoints do not require officer's to have probable cause when they stop a vehicle, a judge will expect very careful checkpoint guidelines that allow little room for an officer to exercise arbitrary discretion," said Musca.  A driver who is arrested for DUI at a checkpoint typically has more options available in terms of defenses to the charges so the driver should consult with an experienced Miami DUI lawyer promptly after arrest.

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.

Wide Receiver Donte Stallworth was reinstated into the league by NFL commissioner Roger Goddell February 8 and signed by the Baltimore Ravens on Wednesday.  Stallworth was suspended last season after being convicted for vehicular manslaughter after hitting and killing a pedestrian in Miami while driving under the influence of alcohol.  Stallworth was sentenced to 24 days in jail, 1000 hours of community service, 8 years probation.  He is also banned from ever having a driver's license again.

The Cleveland Browns cut Stallworth after he was reinstated by Goddell.  The Baltimore Ravens then signed Stallworth this week.  Some argue that the one-year suspension from the NFL and short jail sentence seems inappropriate given other recent cases involving other NFL players.  Others argue that the case suggest preferential treatment for professional athletes.

Stallworth reached a civil settlement with the family of the man he killed in an amount reported to exceed $3 million, which some contend led to overly lenient treatment both by the court system and the NFL.  Critics emphasize that Stallworth's actions resulted in the death of another man whereas other sports stars have received much more serious punishment for lesser crimes.

Michael Vick, for example, was sentenced to 23 months in prison and served 18 months for his involvement in a dog fighting operation.  Vick also was not reinstated nearly as quickly as Stallworth after his prison sentence.  Pacman Jones's transgressions also seem to be relatively minor compared to Stallworth's involvement in the death of a pedestrian.  One critic has even compared the case of Stallworth's ban to that of Pete Rose who still faces a lifetime ban.

Defense attorney, John Musca says that one has to be careful when comparing the sentences in cases this way.  "Sometimes it really is a matter of comparing apples to oranges," said Musca.  "There are many factors that affect the punishments defendants receive in these cases.  It is easy to oversimplify things when trying to compare the punishment received in different cases."  

If you or someone that you know have been charged with a DUI, you need an aggressive and reputable Miami DUI attorney that is on your side.  An experienced attorney that can protect your rights and guide you through the legal process, Musca Law has successfully helped countless clients fight their DUI charge.

The Third District Court of Appeals in Miami ruled that Archbishop Carroll School is not liable for injuries to a student who was involved in an accident after drinking at a year end party.  The 17 year old's car was split in half when he crashed into a tree going eighty to a hundred miles per hour.  Even two hours after the accident, the student's blood alcohol level was still .08

Because the school was aware of the party, the student and his parents argued the school should be held liable for the accident.  School officials had intercepted invitations to the party and staged a skit called "Busting a Party" to let students know that school officials might appear at the party.  The student's parents argued that because the school knew about the party and that underage students would be drinking, they had a duty to stop the party.

The Court disagreed in reversing a lower court ruling in favor of the student and finding that mere knowledge of the party did not make the school liable.  The Court pointed out that the school never endorsed, sponsored or recognized the party.  Judge Vance Salter wrote, "The party was not school-sanctioned or club-sponsored."  He also pointed out that the school handbook contained a disclaimer in all caps stating that the school was not responsible for non-sanctioned school events.  Salter also noted that the word "busted" and the tone of the skit clearly communicated the schools disapproval of the party.

Speaking more broadly of the scope of the schools in loco parentis role ("in place of parents"), Salter wrote, "At some point, we believe that a school's obligation of reasonable supervision must come to an end and the parent or guardian's duty of supervision must resume.  That logical point, we think, should be when the student leaves the school's premises during non-school hours and is no longer involved in school related activities."

If you or someone that you know that has been charged with a crime, you no longer have to worry about finding an aggressive DUI attorney. Do not allow a DUI arrest to destroy your life. Act immediately. Although, DUI, results in a large spectrum of implications in the State of Florida, Attorneys at Musca Law fight hard and are victorious in defense of their clients. For further information visit www.muscalaw.com, where you can review the firm's current case result list and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

Mother of three arrested for DUI faces more charges; child neglect and two counts of contributing to the delinquency of a minor.

After a September arrest on a driving under the influence charge, the mother of three headed back into court on child neglect and contributing to the delinquency of a minor charges.

After several hours of being in the vehicle that their mother was passed out in two children under the age of four left the vehicle and proceeded to walk towards the school their other sibling was at.  A passerby observed the two children as they were walking the white line on a very busy road.  The driver turned their car around and proceeded towards the children where the driver then phoned the police for assistance.

One of the children mentioned that their mother was still in the car sleeping.  The vehicle never left the driveway however, the mother was passed out do to intoxication.  There were four empty wine bottles found in the vehicle by investigators.  The mother was arrested on the scene and charged with driving under the influence of alcohol.  Charges came later relative to child neglect and two counts of contributing to the delinquency of a minor.

After spending a day in jail the woman charged was released on $5,000.00 bail. 

The state of Florida clearly states that police officers can make an immediate DUI arrest where a person who is suspected of being impaired is in physical control of a vehicle, this includes simply being sat behind the wheel with the keys in or out of the ignition.

If you or someone that you know is facing DUI charges, there is no reason to put your rights and future in jeopardy.  Obtaining the legal counsel of a dedicated, aggressive and experienced lawyer is the best thing that you can do to protect yourself or someone that you love from the consequences of a DUI conviction. 

When faced with a DUI charge in Miami, do not trust your case with anyone else! Contact Musca Law today for a consultation at 1-800-687-2252.