Polk County DUI Attorney Blog

A teen driver who decided to enter a somewhat cavalier post on her Facebook page in the wake of a fatal auto accident in which her boyfriend was killed received a more severe penalty from the judge who sentenced her.  The teenager Ashley M. Simpson pled guilty to negligent homicide and DUI and was set to be sentenced as a youthful offender.  The youthful offender status would have allowed Simpson to receive a lesser sentence, to serve any sentence in a juvenile facility and to avoid the potential long-term impact of a criminal conviction.

However, the judge discovered a Facebook post made by Simpson after the accident, which he found deeply troubling.  A few months after the accident Simpson posted a picture on her Facebook web page captioned "Drunk in Florida."  Upon finding the post, the judge changed his mind and decided to sentence Simpson as an adult.  The judge sentenced Simpson to 6 months in county jail followed by 5 years of probation.  Simpson will also be required to wear an ankle bracelet for a year after her release from jail.  The judge also revoked Simpson's driver's license.  "I'm troubled by your conduct since the crash," said the judge.

Polk County DUI Attorney John Musca who frequently handles DUI cases throughout Polk County indicated teenagers and others who use social media need to realize that descriptions or pictures of embarrassing or even criminal activity can have very negative and unintended consequences.  Many teenagers are posting pictures of drug use and underage drinking on social media, explained Musca.  "Teenagers need to realize that such post that may seem harmless at the time can later mean the difference between freedom and a jail sentence." 

Musca points out that the incident in which Michael Phillip's picture was posted smoking from a bong should serve as an example of the potential negative impact of not being careful how one is portrayed in a photo.  "Phillips went from 14 time Olympic gold medallist to potentially facing arrest on a drug charge in a very short period of time."  People need to remember anything posted on a social media network including incriminating admissions or images are available for the world to see -- a world that includes police and prosecutors.

If you or someone that you know have 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 Polk County DUI Lawyers at Musca Law fight hard for their clients.  Contact Musca Law today.

A middle school teacher was arrested for DUI when sheriff's deputies pulled him over on suspicion of drunk driving.  A witness who had observed Ronald Jodwalis called to report Jodwalis because he was "all over the road and going to kill someone."  When Jodwalis stopped at a BP gas station, deputies approached Jodwalis and observed him eating what appeared to be a yellow piece of paper.  It turned out the paper was the wrapper of a food item that Jodwalis had been eating in his vehicle.

Jodwalis repeatedly admitted to drinking at a bar when deputies spoke with him according to deputies.  Deputies reported that Jodwalis also indicated he drank a lot of vodka and stated multiple times, "I'm drunk."  When breath tests were administered, Jodwalis registered a blood alcohol concentration (BAC) of .314, .285 and .289, which is about three times the legal limit under Florida DUI law.  Polk County DUI lawyer John Musca said that Jodwalis faces a very difficult situation because his blood alcohol level is above .15 which may result in an increased fine.  A report also indicated that this was a 4th DUI for Jodwalis.

Musca explained that the penalties for DUI under Florida DUI law escalate if an individual has repeat offenses.  A fourth DUI conviction can result in a fourth degree felony conviction and sentencing as a repeat offender.  A person convicted of a 4th DUI can be sentenced to a maximum of 5 years in state prison and a fine of not less than $2000 and not more than $5000.  "Any DUI arrest is serious, but a person facing sentencing as a repeat offender may suffer very serious long-term consequences.  It is important to consult an experienced Florida DUI lawyer in such a situation who will be able to assess potential defenses and mitigating factors in sentencing," said Musca.

If you are arrested for a DUI in Polk County especially if you have a prior DUI conviction, Musca advises that you invoke your right to counsel and your right to remain silent.  An experienced DUI lawyer will be able to investigate such issues as the validity of the initial stop by the officer, the propriety of field sobriety and breath or blood testing, as well as other factors that may allow the attorney to defend the charges in court.

Most people in Polk County or elsewhere in Florida know that a DUI can have serious consequences including jail time, fines, DUI school, impounding of your vehicle and suspension of your driving privileges.  However, lots of people never think of other less formal consequences that can result from a DUI conviction. Polk County DUI lawyer John Musca discussed some of these other less formal consequences in the context of two recent DUI cases.

A sheriff's deputy was recently arrested for a DUI after he was involved in a traffic collision.  The officer's vehicle hit a concrete barrier and rolled over and rested on its roof.  Investigation showed the deputy has been drinking and driving, and the officer was booked into jail on a count of driving under the influence.  In addition to the customary consequences of a DUI conviction, this deputy's career is likely over.  The same is true of attorneys, truck drivers, physicians and a myriad of other jobs and professions.  A DUI can mean years of education and training is wasted.  In the case of a career that involves significant higher education or training, a person may be left with significant student loans without the career earning capacity to repay those student loans.  The financial burden this creates can mean family conflict and even bankruptcy.

Significant liability for damages in a civil case are another example of the consequences that can result from a DUI conviction.  A woman recently plowed into 5 parked Cadillacs at a Cadillac dealership while driving under the influence of alcohol.  The woman lost control of her car, which went airborne and hit 5 Cadillacs landing on the hood of one of them.  In addition to the standard DUI penalties, the woman faces a civil lawsuit for the $48,000 in property damage she caused.  If she is convicted of DUI, the car dealership will be able to use the guilty verdict in the DUI case to make it much easier to obtain a civil judgment for damages.

If a DUI case ends in a fatal collision the "other" consequences can be even more staggering.  The driver's conviction will in most cases include termination of their employment (regardless of the type of job) as the case will likely result in jail time.  The damage to one's reputation and the stress it creates for one's family can be overwhelming.  The stress and guilt one feels in a situation like this also can have a long-term impact on one's relationships with friends, family and community.

Musca Law provides the highest quality criminal litigation services to the residents of Polk County and the surrounding areas.  Our 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 was arrested and charged with DUI manslaughter in connection with an auto accident involving a pedestrian in December.  Chandrashekar Singh has been charged with DUI manslaughter in the death of William C. Morrison.  The Sheriff's Office received a call regarding a vehicle-pedestrian accident that occurred in the parking lot of a Davenport business.

When deputies arrived, a green 2000 Honda Civic was parked in front of a business on Posner Boulevard, which was occupied solely by Singh, according to Sheriff's Office reports.  Singh hit and struck Morrison who was standing near the passenger side of the car as he pulled out of a parking spot at a restaurant where they had been dining together.  The vehicle struck Morrison who fell backwards hitting his head on the pavement and suffered serious injuries.  Morrison died at the scene despite attempts to revive him.

When officers arrived at the scene Singh was sitting in his car parked in the parking lot of the restaurant where he and Morrison had been dining.  Deputies recently arrested Singh after receiving blood test results from the Florida Department of Law Enforcement lab indicating Singh's blood alcohol level was .191, more than twice the legal limit.

Singh was arrested Friday at his residence for DUI manslaughter and was taken to Polk County jail.  Singh is being held under no bond.  "When someone is charged with DUI where there is a fatality, the potential consequences are enormous including state prison," said Polk County DUI lawyer John Musca.  "This is an unfortunate tragedy where two people who apparently knew and liked each other make a terrible mistake which turns out to be fatal for one of them."

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

If you are arrested for DUI charges in Polk County or elsewhere in Florida, you face very serious consequences including jail time and significant financial costs including fines in excess of $1000, increase in insurance premiums, probation, ignition interlock device, DUI school, and impound costs. 

You also face loss of your driving privileges, which occurs almost immediately after a DUI arrest.  If you refuse to submit to tests administered by the officer at the time of your arrest or fail the test by registering a blood alcohol level over 0.8, your license will be suspended 10 days following your DUI arrest.  This type of suspension is an administrative suspension by the Department of Motor Vehicles.  This means you have very little time to arrange alternate means of transportation including getting to work or your children to school.

A Polk County DUI Attorney can help you protect your driving privileges.  A qualified Florida DUI lawyer can file for a formal review hearing with the local bureau of administrative review.  Formal review hearings will typically be held 3-4 weeks after a DUI arrest.  A DUI attorney can get you a temporary permit so that you can continue driving in the interim period.  Even if you do not prevail in your criminal case and your license is eventually suspended, your DUI attorney can help you gain valuable time to make alternate transportation arrangements.

Once you have been arrested for driving under the influence, it is important to retain an experienced DUI attorney quickly so that the DUI attorney can make a timely request for a formal review hearing.  The DUI attorney also can use the DMV hearing to prepare a defense in your criminal case.  Prior to the DMV hearing, your DUI attorney will get police reports, affidavits and other documents related to your criminal case.  If your DUI attorney finds upon review of the documents that the officer made an error, the attorney may choose not to subpoena the officer and use the error in the documents to get your full driving privileges reinstated.

If the officer shows up at the hearing, your Polk County DUI lawyer will use the hearing to get information from the officer, which can help him build a defense in your criminal case.  On the other hand, the officer may fail to appear allowing your DUI attorney to request the DMV reinstate your unrestricted driver's license.  "Many times those arrested for DUI needlessly have their driver's license suspended," said Musca.  "People just do not realize that the immediate suspension of one's driver's license is not the inevitable result of a DUI arrest."

A new study shows that while the vast majority of drivers under the influence of alcohol are men, more young women are driving under the influence and getting into fatal auto accidents than ever before.  The study, which is based on data from the U.S. National Highway Traffic Safety Administration, finds "female drivers involved in fatal crashes actually increased over the years we studied - 1995 to 2007," said Dr. Frederico Vaca, a professor of emergency medicine at Yale University School of Medicine and the study's leading researcher.

According to the study that analyzed data over a 15-year period, researchers found that the proportion of female drivers between 16 and 24 involved in fatal crashes increased 3.1 percent.  The rate for men in the same age range rose 1.2 percent.  The impact of these findings is magnified by another recent study that looked at trends of dangerous yet sober driving.  According to a report from Allstate, 27 percent of teenage girls admit to speeding, while only 19 percent of boys do.

One reason given to explain this trend is that young women's behavior and attitudes are starting to be more like men as they become more competitive with men in society and also face similar stress and pressure.  Dr. Judy Schaechter, an associate professor of pediatrics at the University of Miami Miller School of Medicine speaks of a "loss of the notion of what it means to be feminine.  We know that alcohol reduces inhibitions and increases risky behavior, whether that's driving aggressively, driving recklessly, not wearing a seat belt . . . ." 

As Allan Williams, former chief scientist at the Insurance Institute for Highway Safety explains, "As more young women participate in activities like competitive sports and take on a more assertive lifestyle, they're narrowing the gender gap when it comes to risk taking in all aspects of their life."  John Musca, who routinely handles DUI cases in Polk County said, "I have definitely noticed an increase in the number of women who have recently sought my services in handling DUI cases."

If you have been charged with a Polk County DUI, 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 if implications in the State of Florida.  Attorneys at Musca Law fight hard and are victorious in defense of clients.  Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

If you have been arrested for driving under the influence (DUI) your choice of legal representation can sometimes determine whether you maintain your freedom and driving privileges.  Courts take DUI charges very seriously so it is critical that you are represented by an experienced and knowledgeable attorney.  John Musca, a criminal defense attorney who handles DUI cases throughout Polk County and elsewhere in Florida, has provided some guidelines when interviewing a potential attorney to handle your DUI case.

You should ask the lawyer about their experience handling DUI cases.  The ideal attorney will have handled other cases similar to yours and will have extensive experience handling DUI cases.  "You should be cautious of an attorney who has not routinely handled DUI cases over a number of years," said Musca.  A good DUI attorney also will have a good track record for the cases they take to trial. 

Sometimes an attorney will provide a free initial consultation so that you can evaluate his experience.  However, you should not exclude a potential attorney solely because he does not provide such a consultation.  The most qualified attorneys are sometimes the most in demand, making a free consultation difficult.  You can also ask around about the attorney's reputation or read about the attorney on the internet.

Before you hire an attorney, you should make sure you clearly understand his fee structure.  The attorney should have written fee agreement, which clearly explains the fee structure and how potential other costs associated with the case will be handled.  You should also ask the attorney whether he will be handling the case personally.  In many firms, cases may be passed to less experienced attorneys once the firm has been retained.  If another attorney at the firm will be handling the case, you should also verify that the attorney who will actually be handling the matter has appropriate experience handling DUI cases.

You should also ask the attorney about his policy in terms of communicating with his clients and keeping them informed of developments in the case.  "The most frequent complaint made to state bar association's relative to attorneys is that the attorney did not provide reasonable communication regarding the client's case," Musca said.  You should find out whether the attorney will send you copies of all documents filed with the court as well as any correspondence.  Clients should also ask the attorney about the firm's policy when it comes to returning client telephone calls.  How promptly are calls returned?  Does the attorney typically return calls or is this done by a member of the attorney's staff?

The attorney may also recommend you enter an alcohol treatment facility.  If the attorney suggests you do so, you should not be offended as courts may take such a step into account in deciding the disposition or sentence in the case.

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 be subjected to any form of sobriety testing from breathalyzer to roadside tests. Simply be polite, provide accurate documents and call a Polk County DUI attorney at Musca Law.