Polk County DUI Attorney Blog

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.

Can a bar in Polk County or elsewhere in Florida be held responsible for contributing to the DUI Manslaughter death caused by one of its patrons?  A family is suing Applebee's after two patrons who had been drinking, raced away from the restaurant in their Volvo at nearly 100 miles per hour and rear-ended another vehicle killing the other driver.  The patrons fled the scene.

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.

Continue reading "Applebee's Could Be Held Responsible for DUI Manslaughter Resulting In The Death Of A Patron" »

A Windermere Reserve Officer driving a marked city of Windermere patrol car was stopped for suspicion of DUI in Winter Springs in Polk County.  The officer, a reserve still in training with the city of Windermere, was driving in her pajamas, when she was stopped by Winter Springs Police.  She was stopped after a Cpl. notified Winter Springs Police that she had been pounding on the door of another Windermere officer's home and appeared to be intoxicated.

The Winter Springs officers spotted her driving the Windermere patrol car and followed her on Winter Springs Boulevard, when she suddenly turned into the George Towne neighborhood.  When she was stopped, she told officers that "she turned into the area because she was afraid that a police officer was behind her, and she knew she had been drinking," according to the report.  When she was asked, she admitted, "I had three beers, and I know I should not have been driving."  She indicated that the officer whose door she had been pounding on was her boyfriend, but that their superiors did not know they were dating.

She passed a field sobriety test that did not require a breath test, the report states.  However, records show she used her arms for balance and missed putting the tip of her finger on the tip of her nose.  The Winter Springs Police Chief indicated that she was not arrested, but insisted she was not allowed to be above the law.  "There is no professional courtesy," he said.  After hearing that she had passed the field sobriety tests, he told police, "I can't believe she passed the exercises, she had been drinking since 9 o' clock last night," the report states.

The Windermere Police Chief indicated that she was suspended pending the outcome of an administrative investigation.  She told Winter Springs officers that "she would do anything if we would let her go.  She had reported that she could lose her [law enforcement] certification for this."   The Windermere Police Chief referred to statewide policies for police and municipal agencies that prohibit public employees from driving publicly owned vehicles after consuming any amount of alcohol.  He indicated that under the policies it did not matter "if it was one hour ago or 10 hours ago."

 

Continue reading "Windermere Officer in Pajamas Fails Sobriety Test When Stopped by Winter Springs Officers" »

POLK COUNTY - A Sheriff's Office detention sergeant had been arrested on a DUI charge after she was involved in a vehicle crash.  An officer arrived on the scene when a strong odor of alcohol was observed.  After taking a breathalyzer test, she had a blood alcohol level of .201.

According to a Sheriff's Office spokesperson "she was in uniform on her way to work at the South County Jail at the time of the accident".   

Shortly after her arrest she had a letter of retirement submitted to the Sheriff's Office.

It is illegal to operate a motor vehicle with a blood alcohol level of 0.08 or higher in Florida.
Not only does a DUI charge impose fines and sometimes jail time on a person, it can have a drastic effect on an individual's reputation, personal life and professional career.  In this DUI accident she was arrested and charged, thus resulting in the submission of a retirement letter.

Anyone who has been arrested on suspicion of driving under the influence needs the expert assistance and guidance of an experienced and aggressive criminal defense attorney.  

Musca Law has successfully defended numerous clients who have been charged with driving under the influence.  They have successfully challenged breathalyzer testing, subjective field sobriety testing, DUI checkpoints and other questionable methods used by law enforcement officials.  Contact Musca Law today for a free consultations and case evaluation of your Polk County DUI case.

 

An assistant state attorney was arrested over the weekend after nearly crashing into a deputy sheriff's car.  The vehicle continued on, where it was weaving in and out of lanes, before striking the curb stone.

After arriving where the vehicle had been stopped the deputy had observed a strong odor of alcohol on the driver to include slurred speech and glassy eyes.  Common observations made by officers during an alleged DUI stop.

The driver denied that he had been drinking and refused to submit to a field sobriety test and a breathalyzer test.  A DUI arrest was made, with the assistant state attorney being suspended from his position pending an internal investigation.

It is common for officers that are conducting field sobriety checkpoints or traffic stops to report that a strong odor of alcohol was observed, that the driver had glossy eyes and slurred speech.   These observations are in fact subjective.  The question would arise, does the officer know what an individual's eyes would look like on a daily basis.  Observing a strong odor of alcohol is an opinion dependent upon the sensitivity of an individual's senses.

A good criminal defense attorney would argue these facts while incorporating the refusal of field sobriety testing and the refusal to take the breathalyzer.  All that is left is the officers word.

When faced with a serious DUI charge, it is imperative to retain an experienced and aggressive DUI Criminal Defense lawyer 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.  Simply be polite, provide the documents requested and call Musca Law.

The Florida Highway Patrol will use a zero tolerance policy this holiday season.  Patrolmen will work an array of shifts to target those driving under the influence of alcohol. Numerous enforcement strategies will be used to target impaired drivers to include those that violate other traffic laws.

Polk County Sheriff's Traffic deputies will also take part in a holiday enforcement effort to crack down on drunk drivers.  Throughout the month of December DUI saturation patrols will be conducted countywide in order to detect, stop, and arrest those that are driving under the influence.

The Florida Highway Patrol along with other policing agencies will "be out in full force  conducting sobriety checkpoints and saturation patrols to remove drunk drivers from the roads, ultimately saving lives that might otherwise be lost," said FHP Director, Colonel John Czernis.   "If a trooper catches you drinking and driving, he/she will arrest you.  Violators often face jail time, the loss of their driver license, higher insurance rates, time away from work and dozens of other expenses".

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 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 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 Dade City man has been charged with DUI property damage after colliding with a police cruiser. The accident occurred just after midnight on U.S. 301 in Zephyrhills. The driver, 36-year old Christopher Collins, crashed into the patrol car with its emergency lights activated. No information has been released on whether the officer on duty was inside the vehicle at the time of the crash.

Collins is employed as a day laborer in Dade City. Zephyrhills Police Department took the defendant into custody and is out on $500 bond from the Land O' Lakes jail.

Continue reading "Attorney Musca Discusses Driver Colliding with Police Cruiser" »

A central woman went back into Court on a motion for representation against the State. The defendant, 27-year old Tiffany Ann Davis, is facing a maximum sentence of 50 years in prison for four felony accounts of DUI manslaughter. Davis had originally been arrested in March for a misdemeanor case when the State amended the charges up to four felony charges, including DUI manslaughter.

The central Florida police accused the driver of crossing into oncoming traffic and slamming into a pickup truck. Toxicology reports acknowledged that Davis had several medications in her system, including marijuana, cocaine and oxycodone. The defendant claims that the drugs in her system were miniscule.

This Polk County felony criminal case has now turned into a civil matter. The defendant is suing the alleged victim for monetary damages because she claims it actually was the victim who crossed into her lane and is liable for the crash. The alleged victim left the country the day following the accident and returned to the U.K.

The judge reserved ruling on the defense's motion. The criminal case has been set for trial in January of 2010, but may be pushed back for preparation. The defense is expected to call additional experts for testimony on the toxicology report.

 

Continue reading "Attorney Musca Discusses Central Florida DUI Manslaughter Case" »

A driver has been arrested for a Polk County DUI after he allegedly causing a traffic crash while texting. The defendant, 26-year old Stephen Wade Horne, is accused of texting on his cell phone when he crashed into a stopped garbage truck. A trash collector employee, 20-year old Emmanuel Mejia, fell victim to the accident and was pinned between the vehicles. Mejia ended up losing both of his legs from injury.

The accident occurred in August, but the Polk County Sheriff's Department arrested Horne on Monday on Polk County reckless driving causing serious bodily injury charges. Horne has not posted the $15,000 bond required and remains inside the Polk County Jail. If convicted, the defendant faces a maximum sentence of five years in State prison.

Florida Statute 316.192 defines the crime of reckless driving causing serious bodily injury as driving with the willful disregard for the safety of others that ultimately results in serious bodily injury to another. Serious bodily injury is where the victim risked possible death, suffered serious disfigurement, permanent loss and or impairment of a bodily member or organ. The State of Florida considers this crime a third degree felony. Often times the circumstances surrounding the crime allow this charge is added to a Polk County DUI case.

Continue reading "Attorney Musca Discusses Polk County DUI for Texting Driver" »

Last week more than 4,000 Polk County residents lost power for over 16 hours after a suspected drunk driver collided with a main electrical transmission pole. The accident occurred around 4:15 a.m. Old Polk City Road in Polk County. Officers arrested the driver of a 2005 Honda sedan, 28-year old Luke Huber, for DUI.

Huber only suffered minor injuries as a result of the alcohol related crash, but Lakeland Electric had a major power outage to deal with. Huber damaged the internal transmission poles and circuits of a transformer. Electrical repairs are estimated between $30,000 and $40,000. A spokesperson for Lakeland Electric has stated they plan on seeking reimbursement from Huber's insurance company. Crews finally restored power around 8:40 p.m. that evening.

Florida law considers a first time DUI without bodily injury or property damage a misdemeanor offense. However, the ramifications of a DUI conviction are very serious. A first time convicted offender can expect to receive no more than 6 months behind bars, no more than a $500 fine and up to 1 year of court monitored probation. Penalties are increased if an offender possesses a blood alcohol content of .15 or higher at the time of the arrest.

Continue reading "Attorney Musca Discusses Polk County Power Outage After DUI Crash" »

After numerous dealings with the law, a Leesburg doctor may lose his hospital privileges while he awaits trial in jail without bond. Two local hospital administrators have stated that they plan on terminating the accused, 51-year old Dr. Akram Ismail, clinical practicing privileges at both Leesburg Regional Medical Center and The Villages Regional Hospital. Ismail practices internal medicine and gastroenterology in the central Florida area.

In 2004, the doctor faced DUI and reckless driving charges after allegedly getting behind the wheel while intoxicated. In 2005, Ismail served 90 days in jail for disrupting a flight headed to Orlando from New York. Alcohol may have also been involved at the time of his second arrest.

Continue reading "Central Florida Doctor Convicted of DUI Faces Additional Charges" »

Two central Florida parents are in trouble with the law after being stopped on suspicions of DUI. The parties of a 7-month old baby boy did not strap him into a car seat. The arresting officer initiated a traffic stop on a pickup driving erratically. The father and driver of the vehicle, 25-year old Jeremy Bryant, exhibited signs of intoxication and agreed to submit to a blood alcohol test. He blew .08 and .076.
Bryant confessed to police that he drank five beers and smoked crack cocaine prior to the traffic stop. Officers arrested him on DUI charges.
The mother of the baby, 20-year old Erica Steadt, sat in the passenger seat of the vehicle. Steadt was also under the influence and admitted to drinking and smoking crack for the past several days. Officers arrested the mother and charged her with child abuse and neglect.
No harm to the baby came of this incident. He remains in the custody of his great-grandmother. The Department of Children and Families is now involved and will be following this case.

Continue reading "Parents Arrested for DUI after Smoking Crack; 7-month old Baby in Vehicle without Car Seat" »

 

In Florida, the maximum legal limit for blood alcohol content is .08. However, the public does not understand how many drinks it would take for a driver to become legally impaired. The rate of an individual becoming intoxicated can be compared to a mathematical formula depending on the size, sex, amount of alcohol consumed, and amount of food and sleep intake during the day, including the overall health of the drinker.

The National Highway Traffic Safety Administration equates one drink to 1/2 ounce or exactly .54 ounces of alcohol. One drink is considered a shot of distilled alcohol, a five ounce glass of wine or a twelve ounce beer. For each thirty to forty minutes of drinking, the human body burns off .01 of its blood alcohol content.

 

Continue reading "Attorney Musca Discusses the Amount of Drinks to Become Over the Limit" »

A Polk County resident has found his second chance in life. An admitted alcoholic and native of Winter Haven, 68-year old Eddie Lee, is running for Florida Kiwanis treasurer. A drinker for over 20 years, he never had problems with the law. That soon changed. Lee had been arrested and convicted of the crime of driving under the influence. A once prominent community figure had hit rock bottom.

Lee explained that he lost his license and faced criminal penalties for his DUI conviction. This difficult time in his life sent him into a self described downward spiral. He struggled with alcohol dependency and eventually became homeless for five years.

Lee is proud that he has moved past the days of drinking and criminal charges of DUI. He volunteers with several charities around the Polk County area and has most recently been nominated for the Florida Kiwanis Club treasurer.

 

Continue reading "Convicted DUI Offender Receives Second Chance" »