Miami DUI Attorney Blog

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.