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.

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.

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."

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.

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.

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.

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.

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.

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.

Law enforcement agencies in and around Polk County are stepping up their patrols in what is called Operation Full Force. This operation is focused on saturating deputy patrols looking for drunk drivers, sexual predators and juvenile offenders. With school back in session, Polk County law enforcement is trying to create a community check-up. Three weeks ago, a similar operation arrested 8 individuals with 2 drunk drivers.

Police agencies are also trying to send a message to parents that they need to be responsible for the well being of their children by educating them on the dangers of drunk driving. Traffic accidents are the number 1 killer of young people ages 15 to 20 years old. In 2005, 7460 youth drivers and passengers had been killed in a traffic related accident. Over 28% of those crashes involved alcohol.

The commonality of underage drinking is staggering. Within the past month, 28% of high school students reported that they have accepted a ride from a driver under the influence of alcohol, on at least one occasion. According to SADD, Students against Drunk Driving, statistics show that young people are less likely to use their seatbelts after drinking. Over 74% of the teens killed in car crashes in 2005 were not buckled in.

A Polk County court has sentenced a woman to ten years behind bars resulting from her involvement with a DUI crash in 2007. The State accused the defendant, 29-year old Jennifer Oatman, of making an illegal turn at a red light and crashing into another vehicle on September 14, 2007. Oatman tried to flee the scene, but the authorities caught up to her. She possessed a blood alcohol content of .186, over double the Florida legal limit for alcohol consumption of .08.

The victim and other driver involved in the crash, Tijuana Jordan, was in her final trimester of pregnancy. Doctors were forced to perform an emergency C-section of the baby after the accident. The baby, Isaiah, died within days of his traumatic birth. An autopsy determined the cause of death of baby Isaiah to be blunt force trauma from the accident.