Polk County DUI Attorney Blog

Polk County drivers are pulled over for DUI on a frequent basis, but few people realize that in certain narrow circumstances there Polk County DUI lawyer may be able to assert a defense based on necessity.  A necessity defense is based on extremely compelling circumstance that requires one to drive to avoid a more serious harm.  In some circumstances, this defense may be available when a defendant faces pending DUI charges.

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.

Everyday there are driver's in Polk County and throughout Florida faced by the anxious moments of seeing flashing red lights in ones rearview mirror with the knowledge that the driver has been drinking.  Many of those pulled over for DUI assume that it is inevitable they will be arrested and subsequently convicted.  What many Polk County drivers do not realize is that a DUI arrest does not mean that a person will be convicted because there are many defenses that can lead to a reduction or dismissal of DUI charges.

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.

Polk County Sheriff's deputy James Pruitt was sentenced to serve 12 months of probation after he pleaded no contest to reckless driving with alcohol as a factor.  Pruitt also was sentenced to 50 hours of community service as well as being assessed $476 in fines and court costs.  Pruitt continues to remain on unpaid suspension until the results of an internal investigation are made available.  Polk County Judge Reinald Ojeda decided to withhold adjudication.  This basically means there is no formal finding of guilt.

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.

A man was recently arrested in Polk County for DUI after falsely telling officer's that he and not his friend was driving the vehicle.  The car the men had been riding in ran out of gas, and when the Polk County man returned from getting gas, the police were at the scene.  The man purportedly told police that he was driving because he did not think he was over the legal limit but was pretty sure that his friend would be arrested for DUI.  As it turned out, the Polk County man was charged and arrested.  Polk County DUI lawyer John Musca commented that in situations where someone falsely admits to the circumstances of a DUI, an experienced defense attorney may have to assert the reasons for the false information and allow the jury to decide.

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.

A woman was arrested after she alleged drove the wrong way on the interstate and crashed into a center divider.  Motorists who observed Sharon Espiritu Dizon were so alarmed with her reckless driving that they assisted in boxing her in until the police could arrive.  At approximately midnight, several drivers saw Dizon on the interstate drive up on a grassy median of the interstate.  The car then crashed into a white traffic reflector after briefly going airborne.  Dizon then proceeded back on to the interstate driving in the wrong direction into oncoming traffic.  When Dizon finally pulled into a parking lot and stopped, driver's who had observed her wild ride told her that they had called 911 and ordered her to turn off her car.

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.

A man Andrew Jones who was allegedly driving under the influence of alcohol rear-ended a Sheriff Don Eshinger's pickup and then fled the scene in his 2004 Dodge.  At the time of the collision, Eshinger got out of his vehicle and approached the other driver indicating that the driver had to pull over to the side of the road.  The driver did not stop but instead passed Eshinger's truck and sped away.  Jones finally stopped and was arrested with the assistance of other deputies who Eshinger had contact via his cell phone.  The report indicates Jones refused to take a breath-alcohol test.  He has been charged with DUI and leaving the scene of an accident.

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. 

Continue reading "Polk County DUI Attorney Musca on DUI Suspect Fleeing Scene of Accident After Colliding with Sheriff " »

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.

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."

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