Minor Passenger in Vehicle: If a person is convicted of DUI where a minor is present in the vehicle, the court will impose use of an ignition interlock device for six months on a first offense and twelve months on a second offense. A DUI conviction with a child in the car may also lead to child endangerment charges. These charges are very serious and can also lead to a loss of custody or entanglement with social services.
Refusal to Submit to Chemical Testing: If a person has been arrested for a DUI before and during a subsequent arrest refuses to give a sample of breath, blood or urine, the driver may face enhanced or additional charges if he or she refuses the chemical test again.
Prior DUI Convictions: If a driver has prior DUI convictions, the penalties for subsequent offenses increase significantly particularly if a second offense occurs within 5 years or a third offense occurs within 10 years.
Excessive Blood Alcohol Content (BAC): A person with a blood alcohol concentration (BAC) of 0.15% is subject to the requirement that an ignition interlock advice be installed.
Inflicting Bodily Injury on Another: A DUI conviction involving injury to another person or multiple victims can lead to substantially increased incarceration, fines and other penalties.
DUI Resulting in Property Damage: If a driver is involved in a DUI accident with property damage, the driver will face increased penalties.
"The application of one or more of these enhancements can have a major impact on a DUI case and result in a sentence and other penalties that may be much stricter than in a standard DUI conviction," said Polk County DUI attorney John Musca. "A driver charged with a DUI where any of the circumstances giving rise to these enhancements are present should immediately seek legal advice from a qualified DUI lawyer."
Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida. Our Polk County DUI team will aggressively defend your rights on the State and Federal level. The prosecution is looking to punish you to the fullest extent of the law. You need a knowledgeable attorney that will watch out for you. Contact Musca Law for a free, comprehensive review of your case.
The most common example of a necessity defense would include a medical emergency in which a driver needs to drive oneself or someone else to a hospital for medical treatment. Under Florida law, the defense of necessity is based on the following elements that an experienced DUI lawyer might use in a case where a driver is charged for DUI:
• The driver reasonably believed it was necessary to drive while intoxicated to avoid an imminent threat of serious bodily injury or death;
• The driver did not act recklessly or intentionally in creating the circumstances which required him to drive while intoxicated;
• No other adequate means existed to avoid the serious harm;
• The harm that the driver avoided by driving while intoxicated is worse than the harm of DUI;
• The defendant ceased driving while under the influence as soon as the apparent necessity ended.
"While this is a narrow defense, it may theoretically be available to a driver accused of DUI depending on the circumstances," said experienced Polk County DUI Attorney John Musca. "This is a defense that is difficult to assert in a criminal case and fairly novel in a DUI case so only an experienced DUI lawyer should assert this type of defense," Musca said.
No Florida appellate court has definitively ruled on the issue of whether a defendant may assert a necessity defense in a DUI case. Courts have split on the issue of whether to permit a necessity defense in a Florida DUI case. At least one appellate court decision has reversed a lower court ruling refusing to permit a necessity defense in a DUI case. Several other states have permitted a DUI defense to necessity and an experienced DUI lawyer in Polk County and elsewhere in Florida may be able to assert such a defense under the appropriate circumstances.
Contact a knowledgeable Polk County drunk driving defense attorney to work for you. Musca Law Firm has handled countless alcohol related cases in Polk County and throughout the State of Florida. Our firm has over 100 years of combined experience and we understand the complexities of the justice system. Experience does make a difference with the outcome inside the courtroom. Contact Musca Law for a consultation and an in depth review of the charges against you.
An experienced DUI lawyer will investigate the experience, background and training of the officer as well as the officer's basis for the initial stop. A police officer in Polk County or elsewhere in Florida may not pull over a driver for DUI on a mere hunch. A driver may only be pulled over if the officer has a "reasonable suspicion" based on observed facts that a driver has committed a crime. Reasonable suspicion is similar to "probable cause" but is a lower standard and only justifies a brief stop to inquire of a driver.
If a Polk County officer stops you for a faulty taillight, for example, the initial stop may be legal, but a faulty taillight gives no basis for "reasonable suspicion" that a driver is driving under the influence of alcohol. If the officer does not observe obvious signs of alcohol, such as, the smell of alcohol on the driver's breath; bloodshot or watery eyes; slurred speech; or the like, the officer may not have a basis to conduct field sobriety tests. The driver should also avoid making incriminating statements like admitting to drinking to avoid providing the officer with a legitimate basis to conduct field sobriety testing.
If the officer were to conduct the field sobriety tests anyway, a qualified Polk County DUI attorney may be able to file a motion to suppress the field sobriety test results and any subsequently discovered evidence. If the officer lacked probable cause for the sobriety testing any subsequently discovered evidence might be excluded based on the "fruit of the poisonous tree" doctrine. This doctrine basically says that any evidence obtained as a result of prior discovered evidence that was obtained illegally is also deemed to be illegally obtained and excluded from the case.
An experienced DUI attorney may also show that even if the field sobriety and breathalyzer test results are not excluded that they are unreliable. Officers have very strict guidelines for conducting and scoring field sobriety tests. An experienced Polk County DUI lawyer can reveal to a jury that the officer did not follow the appropriate procedures or was biased in how he evaluated a driver's performance. An experienced DUI lawyer will also communicate to a jury the unnatural nature of the tasks performed and the high rate of drivers failing the test who do not have a blood alcohol level exceeding the legal limit of .08 under Florida DUI law.
A qualified DUI lawyer may also challenge the validity of breathalyzer results based on the machine not functioning properly or the timing of the test. In the final analysis, there are many basis for challenging a DUI stop and arrest so if a person is stopped or arrested for DUI, he or she should seek a qualified DUI lawyer because an arrest is not the same thing as a conviction.
]]>Pruitt was originally arrested for DUI on New Year's Eve after he was discovered asleep at the wheel of his black 1997 Jeep in front of the Pier Place subdivision on County Road 540A. Pruitt's vehicle was running, but he as asleep in the car. When police attempted to wake him by repeatedly pounding on the window and door to the vehicle, Pruitt did not respond. Pruitt was taken into custody after he failed the field sobriety tests that were administered. He also refused to submit to a breathalyzer test to determine his blood alcohol concentration (BAC).
This case demonstrates serious consequences beyond sentencing that can result from a DUI case according to Polk County DUI attorney John Musca. Although the sheriff's deputy's sentence was reduced, the sheriff faces the real chance that his career may be over. The alcohol related reckless driving conviction could cost the deputy his chosen career field. The deputy also will likely lose his driving privileges. While a driver can refuse a breath or blood test in Florida, the refusal can have a significant impact on one's driving privileges because of Florida's implied consent law.
Under the implied consent law, driving is considered a privilege. Thus, a driver is deemed to consent to a breath or blood test as part of the privilege of driving. A driver who is suspected of DUI and fails to consent to a chemical test, such as, blood, breath or urine can have their license suspended, usually for six months to a year. This case is also a good example of why having an experienced DUI attorney is important if you are accused of a Polk County DUI. An experienced Polk County DUI attorney will frequently try to get a DUI charge reduced to a "wet reckless," said Musca. A "wet reckless" basically means that alcohol was involved but the driver was not DUI explained Musca.
Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida. Our Polk County DUI team will aggressively defend your rights on the State and Federal level. The prosecution is looking to punish you to the fullest extent of the law. You need a knowledgeable attorney that will watch out for you. Contact Musca Law for a free, comprehensive review of your case.
An experienced Polk County DUI attorney will typically meet with the prosecutor and identify the potential obstacles that the prosecutor will face in obtaining a conviction. If the friend were prepared to admit that he was actually driving, the prosecutor would have a very difficult time winning a DUI conviction against the Polk County man who made the false confession. Musca indicated that the Polk County man's lawyer should also carefully scrutinize the man's encounter with the police officers to identify potential issues regarding the interaction, any detention, the officer's basis for "reasonable suspicion," as well as other issues.
Musca also suggests that anyone in this situation get legal advice at the earliest possible time. This is not the type of issue that should be raised for the first time at trial explained Musca. Musca indicated that if the Polk County man tells the judge that he lied to the police officer during trial, he may face additional charges for filing a false police report, obstruction, tampering as well as other potential charges. Musca also suggested that the Polk County man speak with his lawyer about the legal concept of "corpus delecti." "Basically, corpus delecti requires the prosecutor to establish that a crime was committed prior to attempting to introduce your statement against you," said Musca.
If you or someone that you know have been charged with a crime, you no longer have to worry about finding an aggressive Polk County 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.
Instead of complying with the other motorists' requests, Dizon turned off her car lights and sped away. The other motorists followed and watched in disbelief as Dizon drove over two miles with no lights. Dizon allegedly collided with several curbs before driving off the road and parking in a parking lot. Once Dizon was in the parking lot, the other motorists used their own vehicles to box her in so that she could not driver away. The other motorists kept Dizon's vehicle boxed in until the police could arrive on the scene. One of the motorists directed Dizon to turn off her vehicle and hand over her keys. When the police arrived, Dizon reportedly stumbled and almost fell getting out of the car. She reportedly had to use the car door to regain her balance.
Dizon told the police that she had been out looking for her boyfriend. According to reports, Dizon told police she had not been drinking. Police said that Dizon failed all the field sobriety tests that were administered. The officers said that Dizon indicated she did not remember colliding with the center median when she was asked about it. "I don't know what I'm doing right now," said Dizon. "I have a lot going on in my mind." Dizon was handcuffed and arrested for DUI and resisting arrest without violence. Officers said that Dizon tensed up when the officers attempted to cuff her and then slipped of the handcuffs after being repeatedly warned not to do so. The arresting officer said that Dizon became verbally abusive saying that she could not believe that she had to deal with this situation as she was "detoxing." Dizon is free on bail after posting $150 bail. "This defendant would be well advised to get an experienced DUI attorney," said experienced Polk County DUI attorney John Musca. "Her attorney will have to deal with the issue of so many witnesses who all showed concern about her driving," said Musca.
If you have been charges with a Polk County DUI, you no longer have to worry about finding 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.
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Under Florida DUI law, a Polk County driver or one anywhere in Florida is required to remain at the scene of an accident and render aid if necessary. This provision is strict and the penalties for violation said Polk County DUI lawyer John Musca. If a driver who is involved in an accident where someone is injured does not stop and render aid they can be charged with a felony. Where an accident results in the death of someone and the driver fails to remain at the scene, the prosecutor can charge a felony of the first degree. A felony hit and run where someone is killed can result in a maximum term of 30 years in state prison and a ten thousand-dollar fine. Moreover, if the driver who is involved in the hit and run resulting in the death to another is driving under the influence of alcohol Florida DUI law requires a minimum mandatory term of two years in state prison.
Given the extremely serious consequences of leaving an accident scene, especially where someone has been hurt or killed, it is imperative that the driver remains at the scene of an accident. If a driver is accused of leaving the scene of such an accident in Polk County, it is imperative to immediately seek legal advice.
]]> Polk County drunk driving defense attorney to work for you. Musca Law Firm has handled countless alcohol related cases in Polk County and throughout the State of Florida. Our firm has over 100 years of combined experience and we understand the complexities of the justice system. Experience does make a difference with the outcome inside the courtroom. Contact Musca Law for a consultation and an in depth review of the charges against you.]]>
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.
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.
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.
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.
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.
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 . . . ."
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.
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.
]]>The state convinced one of the drunk drivers to testify against the other driver who was charged with DUI manslaughter with failure to render aid, vehicular manslaughter with failure to render aid, leaving the scene of an accident with death and aggravated fleeing and eluding police. However, both patrons claimed the other was driving so the jury acquitted the defendant in the criminal case.
Following the acquittal, the family of the victim proceeded to sue Applebee's restaurant, claiming the restaurant was responsible for the victim's death because the patrons were served even though they were obviously intoxicated. The family also claims restaurant staff watched the patrons continue drinking as they drove away. The waitress who served the patrons did call the police when they left the restaurant.
Under Florida's "dram shop laws," a business is not responsible for the injuries caused by its intoxicated patrons. There are two exceptions: (1) the individual who was served alcohol is under 21 or (2) the person served is habitually addicted to the use of any and all alcoholic beverages.
The Applebee's case does not fit either exception. However, the victim's family, who was frustrated that neither patron was convicted of DUI manslaughter, has argued that Applebee's should face civil liability because they continued to serve the patrons who were already obviously intoxicated. Legal experts have speculated that the victim's family faces an uphill battle because a Florida court would have to make new law to hold Applebee's responsible for the tragedy. "When it comes down to it, we can't physically stop somebody from getting in the car. If that's the choice they're gonna make, that's their choice," said a Florida restaurant manager.
If you or a loved one have been involved with a Polk County DUI or other alcohol related crime, contact an experienced Polk County DUI defense lawyer for help with your case. The Polk County DUI attorneys at Musca Law have over 100 years of combined legal experience. Musca Law's team of Polk County criminal defense attorneys represents their clients with the most aggressive representation available. Contact Polk County DUI attorneys at Musca Law for a free, comprehensive consultation today.
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