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.

A 23-year-old college student Scott Wilson was found dead in his overturned car at the bottom of Wellington canal after his car collided with John Goodman's Bentley around 1 a.m. Friday.  Goodman is the wealthy prominent owner of the International Polo Club of Palm Beach.  After the accident, Goodman was treated for minor injuries and released.  Goodman's attorney released a statement Friday indicating Goodman is cooperating with investigators.

The initial reports from the Sheriff's office indicated that Goodman collided with Wilson's Hundai Sonata after he ran a red light in his black Bentley convertible at 1:05 a.m. Friday.  The preliminary reports indicate that investigators believe alcohol or drugs played a role in the accident.  Sheriff's officials have not said yet whether they will seek criminal charges or even issue criminal citations to Goodman.

Given the wealth and prominence of Goodman, some have questioned whether he is receiving special treatment.  However, John Musca, who routinely handles DUI cases said, "Investigations of suspected drunken-driving cases frequently take weeks if not months, unless the accused is considered a flight risk."  Musca also explained that once somebody has been arrested the prosecution has only 30 days to bring charges and 6 months to bring the defendant to trial.  Said Sheriff's spokesman Teri Barbara, "The public has to give us time to do our investigation.  We have an extensive case to put together."  Barbara also indicated that Goodman's whereabouts after the accident and his blood alcohol content is part of the investigation and could not be released.

Musca said, "It is tough as a defense attorney in a DUI manslaughter cases because you want to get started, but it can take months for authorities to complete witness transcriptions, get blood test results, medical examiner reports and collect and analyze other physical evidence."

Other DUI manslaughter cases serve as examples of the time it can take before formal charges are brought in these cases.  In September 2008, it took 3 months before the Florida Highway Patrol arrested James Donald Baker on charges of DUI manslaughter after a crash where his blood alcohol was .14 percent and he was driving the wrong way on Interstate 95 in Boca Raton.  In another case, Michael Knecht of Jupiter was not arrested for DUI manslaughter until 18 months after his accident.

"You're waiting on that concrete evidence that toxicology reports give you," said Florida Highway Patrol Lt. Tim Frith.  "If you make that initial arrest right away, you are starting that process and starting that time limit.  In a high profile case, you don't want to make a mistake."

 

Continue reading "Miami DUI Attorney on College Student Killed in Collision with Owner of the International Polo Club of Palm Beach " »

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" »

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.

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.

Chris Chelios, former longtime NHL defenseman was recently arrested and charged with driving under the influence according to a police department spokesperson.

Chelios, a US born ice hockey player had played more games in the NHL than any other US born player, in the course of his career.  He played 28 games with the Detroit Red Wings last season however, he failed to sign on to another NHL team, where he is now playing in the AHL (American Hockey League) with the Chicago Wolves.

After Chelio's was observed making an illegal lane change too include speeding, an officer pulled Chelio's over to the side of the road.   He was then subjected to a series of field sobriety tests, before his arrest.  Chelio's breathalyzer results have not yet been released. 

After posting a $300.00 bond Chelio's was released with a court date of February 1, 2010.

DUI cases that involve high profile figures tend to draw a high rate of interest from the general public.  High profile figures such as athletes need to ensure that their rights are protected using every possible avenue where a vigorous defense is needed.

The consequences of a DUI conviction are serious.  If you have been charged with driving under the influence, you should be concerned.  For that reason, it is important that you retain an aggressive DUI Defense Lawyer that understands the complexity of DUI laws. 

If you have been arrested for DUI in Miami or the surrounding area contact Musca Law for a free initial consultation immediately, where a member of their firm will provide you with information and answer all of your DUI questions.

DUI checkpoints and red light cameras have been under the spot light when it comes to our rights under the Constitution of the United States.  

A new technique practiced by local law enforcement agencies has been sprung upon us - "the speeder nabbing white van".   We have entered the practice of the controversial speed trap van that has nabbed over 7,000 speeders since March in one Miami suburb. 

According to one council member who received a ticket earlier this year "that van is bogus" and "there should be signs up warning people".   It has also been stated that the council member was not speeding.

There have been 100 tickets appealed and overturned resulting in a class-action lawsuit claiming the van cannot see who is driving, a claim that has also played an important role in the red light camera class action suit.  There has also been a question relative to the frequent location of the van where the state's Department of Transportation has found to be illegal.

Although the van may be cutting down on speeders, it is also promoting areas where people will no longer travel, claiming that it is not worth driving through.  This was also addressed in a DUI Checkpoint controversy where the checkpoints were continuously conducted in front of the same businesses where the businesses were losing customers.

The monetary benefit alone is an asset to the city itself, so officials are "sticking by the van".

If you need advice about your legal options for resolving speeding tickets or other traffic violations, you need an attorney with the practical understanding of the various procedures involved, an aggressive attorney that will work hard for you. 

Whether your case involves a DUI charge, or a speeding ticket, contact Musca Law for an aggressive defense.

Dade City - A 36 - year old man is accused of driving under the influence of alcohol and hitting a police vehicle.  The man has been charged with DUI and damage to property or to a person.

According to the police report, the cruisers lights were flashing at the time of the crash.  It is unknown if the police vehicle was parked on the shoulder or if the police officer was inside.

An arrest for DUI in Florida has many ramifications.  You could face criminal charges and a potential criminal record, as a conviction for Driving Under the Influence would give you at least a misdemeanor record or in some cases a felony.

From the moment that you are pulled over there are procedures in place that police are required to follow, there has to be a reason as to why you are being stopped.  The Field Sobriety Exercises including the breathalyzer need to be administered properly. 

Attorneys at Musca Law will ensure that the prosecution proves that the procedures were followed.  Frequently it has been discovered that steps were missed or something was done incorrectly, thus resulting in a violation of your rights leaving the case invalid.

If you have been charged with a DUI offense you need a qualified and experienced Miami attorney who will focus on your DUI defense.  An attorney that will make a difference in the outcome of your case, you need Musca Law.

Miami - Ft. Lauderdale - Pompano Beach area have been voted the worst for pedestrians and bikers in a study confirmed and conducted by the non-profit organization Transportation for America.

Due to rapid growth that outpaces non-vehicular infrastructure, minimal public transportation, and weather that promotes walking and biking, South Florida clearly has a dilemma on its hands.

A recent report stated that there were 490 pedestrian deaths in 2008. "As Florida's growth burst at the seams, there just wasn't planning for sidewalks or anything else pedestrian friendly," says Florida Safety Council spokesman Glen Victor. The study conducted by Transportation America had found that 16.9% of Florida traffic deaths were pedestrians, and just 1.5% of Federal transportation funds allocated to the state are spent on pedestrian and bicycle projects.

DUI hit and runs have also played a factor in these deaths. In example; NFL Cleveland Browns wide receiver Donte Stallworth had been charged with DUI in a March 14 car accident where a Florida pedestrian was killed. Stallworth was driving his Bentley on MacArthur Causeway in Miami Beach around 7:15 a.m. when he struck and killed a pedestrian who was walking to catch a bus.

When a driver is involved in an accident, the driver must stop at the scene and exchange information with the other driver, this includes the involvement of a pedestrian where the police should be immediately contacted. A failure to stop at the scene of an accident, when it is reasonably safe to do so, is a criminal offense.

If you would like to find out how an experienced criminal defense firm can protect your rights, then contact Musca Law. Musca Law provides aggressive and dedicated representation to clients facing all types of charges that involve leaving the scene of an accident, including those that involve property damage, injury, or death.

 

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.

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! 

 

 

A Broward County mother has been charged with DUI and child neglect after passing out in the driver's seat of the family car. Her two toddlers were later found wandering the streets miles from their home. The mother, 44-year old Brenda Lee Duclos, allegedly under the influence of alcohol, fell asleep behind the wheel in her driveway prior to picking up her eldest child at school.

After a couple of hours, the driver's two younger children, ages 3 and 4, left the vehicle to find their elder sibling. A concerned citizen contacted police after finding the two toddlers walking the streets alone. Officers responded to the scene and found Duclos passed out in the driver's seat of the running vehicle. She refused to submit to breath or sobriety testing and then subsequently arrested on charges of DUI and child neglect.

The toddlers of the children are currently in the custody of their father. The father has stated to Police that he hopes this arrest is a wake-up call for his wife. Duclos has not posted the $5,000 bond and remains inside the Pompano Beach Jail.

Continue reading "Two Toddlers Found Wandering the Street After Mother Passed Out Behind the Wheel" »

A Miami man suspected of DUI manslaughter is also wanted in the State of Maryland. This week officers arrested the defendant, 31-year old Robert Jones, for allegedly driving drunk and killing a motorcyclist. Jones took his step daughter to school when hit the motorcyclist victim, 43-year old Eric Maron. He dragged Maron for 180 feet before stopping.

Jones attempted to flee the scene of the crash, but deputies caught up to him. He submitted a breath sample to deputies and blew .236. This amount is almost three times the Florida legal limit for alcohol consumption of .08. Officers charged Jones with two counts of DUI manslaughter and nine traffic violations.

In addition to the most recent Miami DUI case, Jones is wanted in Maryland in connection with another crime of driving under the influence. He violated probation by failing to appear at a hearing in connection to leaving the scene of an accident with injuries. The State of Maryland suspended Jones' license. However, Jones successfully applied for and received a Florida only driver's license. This type of Florida driver's license is normally reserved for snowbirds who wish to keep their primary residence up north due to insurance reasons.

Continue reading "Attorney Musca Discusses Manslaughter Suspect with Warrant in Maryland" »

A suspect from North Miami Beach has been arrested on suspicions of drunk driving with her nine year old son inside the car. At 1 a.m. a St. Lucie County patrol officer clocked the defendant, 43-year old Margie Sanoni, traveling 35 mph on the 70 mph Florida Turnpike. The officer reported that the defendant also had difficulty maintaining a single lane of traffic. Sanoni's 9-year old son sat without his seatbelt in the front seat of the vehicle and "crying hysterically".

The boy explained to authorities that he was frightened because his mother had lost her way and acted confused as to their whereabouts. He also admitted to the officer that Sanoni spent the entire day drinking Corona beer. The boy showed the officer an empty beer bottle on the driver's seat and two full beers on the passenger side floorboard.

The officer arrested Sanoni and charged her with DUI and aggravated child neglect. The defendant has not yet posted the $5,350 bond and is currently awaiting trial inside the St. Lucie County Jail.

 

Continue reading "Miami Beach Mom Charged with DUI with Child in Car" »

An officer with the FBI has been charged with DUI while driving his government vehicle. The twenty three year veteran to the FBI, 49-year old Jorge Miyar, drove into a DUI checkpoint in Oakland Park. Miyar drove between the designated cones and ran over a curb.

The Miami arresting officer reported that the defendant exhibited signs of intoxication, including smelling of alcohol. At first Miyar denied any wrong doing and explained that he ran over the curb because he was unfamiliar with his surroundings. Sometime during the investigation, the defendant allegedly confessed to leaving a party in which he consumed a hamburger and five beers. Police reports also state that Miyar discussed the trouble he was in for driving drunk in a FBI vehicle.

Miyar failed roadside sobriety testing and refused to participate in further breath testing. Officers subsequently arrested the FBI agent on charges of DUI. There is no information on what FBI disciplinary action, if any, will result from these criminal charges against Miyar.

 

Continue reading "FBI Agent Arrested for DUI" »