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. 

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