Orlando DUI Attorney Blog

The wife of the mayor of Tavaras was arrested for DUI and leaving the scene of an accident causing damage in connection with her involvement in a traffic collision.  Sharon Wolfe, who is the wife of Tavaras mayor Robert Wolfe, purportedly swerved off the road in her Chevrolet Camaro and struck a sign.  Police reports indicate that Wolfe fled the scene after the accident.

After fleeing the scene, Wolfe was found sleeping in her car which was parked in a handicap parking space in front of Florida Hospital Waterman.  The police report indicates that officers found a bottle of Kahlua and Bailey's Irish Cream along with the prescription pills Ambien in the vehicle.  Wolfe's blood alcohol concentration (BAC) was only .072 and .073.  The legal limit under Florida's "DUI per se" law is .08.  Nonetheless, Wolfe was arrested partially based on her admission to officers that she had been drinking and took Ambien before driving.

Wolfe is being charged under the provision that allows a driver to be found to have committed DUI if a person's driving is actually impaired by drugs and/or alcohol.  Wolfe will not face an administrative license suspension because her BAC level was below .08, but she is being charged under the provision that provides for a DUI if ones driving abilities are actually impaired.  "When a driver is involved in a single car accident of this type, the district attorney will point to the driver swerving off the roadway and colliding with the sign as evidence that her driving ability was impaired," said Orlando DUI defense lawyer John Musca.

Musca also pointed out the mistake made by Wolfe and many other drivers when they are involved in a DUI related incident.  "With prescription medications, many drivers mistakenly taking a medication pursuant to a lawful prescription will protect them from a DUI," said Musca.  Musca also indicated that while a prescription is not a defense to DUI, it is sometimes more difficult to prove this type of DUI because the prosecutor must establish the drug had an actual impact on the suspect's driving ability."

Musca also explained that when certain prescription drugs are combined with alcohol the impacts of both are increased exponentially.  This means that the prosecutor in Wolfe's case may use an expert to testify that the combination of alcohol and Ambien had a significantly increased impact on Wolfe's driving because of the interplay of the two substances. 

If you or a loved one has been charged with an Orlando DUI, contact a knowledgeable Orlando DUI attorney for help with you case.

Contact a knowledgeable Orlando drunk driving defense attorney to work for you.  Musca Law firm has handled countless alcohol related cases in Orlando and throughout the State of Florida.  Our firm has over 100 years of combined legal 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.

The Tiger Woods fiasco continues to dominate the media with Tiger Woods set to resume playing golf at the Masters in Augusta.  The news of Woods resuming his golf career is being dominated by news from Wood's mistresses including Mindy Lawton who is set to go to trial on DUI charges on April 21, 2010.  Lawton is charged with felony DUI causing injury following allegations she collided with a parked vehicle at a red light. 

Under Florida's sentencing guidelines, DUI with serious bodily injury is a third-degree felony, level 7 offense, which carries a maximum of 5 years in prison. The minimum mandatory sentence is calculated based on various factors including victim injury points.  Whether a plea can be negotiated to keep Lawton out of prison or whether the charge can be reduced to a misdemeanor will depend on the individual facts of the case.

An experienced Orlando DUI lawyer may challenge blood results, driving pattern, officer observations and procedure, witnesses statements and the like.  Lawton's defense lawyer may challenge any breath or other chemical testing as well as the basis for the initial stop.  The DUI lawyer may also be able to undermine the credibility of the officer or expose inappropriate deviations from appropriate procedure.  Lawton's sentence will also be affected by any prior convictions, especially prior convictions for DUI.

 If Lawton is convicted of DUI with serious bodily injury, she will also lose her driver's license for 3 years.   Orlando DUI attorney John Musca explained that it is not easy to get these charges reduced to a misdemeanor.  "I would advise anyone charged with felony DUI causing serious injury to call and speak to an experienced criminal DUI attorney immediately," said Musca.

Florida authorities treat a DUI that results in serious injury to another driver very seriously.  If a driver in Orlando or elsewhere in Florida is charged with felony DUI causing injury, he or she should seek legal advice at the earliest possible opportunity.  If a driver is charged with DUI and someone involved in the accident dies, the situation is even more urgent as the accused is subject to being charged with DUI-manslaughter.  DUI-manslaughter is a second-degree felony, level 8 offense, which carries a maximum penalty of 15 years in state prison.  A single death carries a minimum of approximately 10 years in prison. There is also a mandatory permanent revocation of one's driver's license.

If you or a loved one has been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to a serious criminal consequences.  An Orlando DUI attorney will advise you of your rights guide you through the complex court system and provide you with the help that you need during this difficult time

An Orlando corrections officer was killed when he was involved in an accident with a drunk driver as he rode home from work on his motorcycle.  Jason Clay Russo, who is with the Florida Highway Patrol, was riding his 2003 Honda motorcycle when a Lexis moved into his lane and crashed into his motorcycle.  According to reports, Russo was still in uniform when the collision occurred.  He was thrown from his motorcycle and killed.

The other driver, Okevin Moradian, was driving a Honda when he collided with Russo.  Moradian has been charged with DUI manslaughter, vehicular homicide and refusing to submit to a DUI chemical test and is in custody on $10,250 bond. A driver charged with causing the death of another while driving under the influence of drugs or alcohol faces a mandatory minimum of 4 years in Florida state prison and a permanent driver's license suspension if convicted explained - John Musca.  DUI manslaughter is a second-degree felony that is punishable by 15 years in state prison and a fine up to $10,000. 

Vehicular homicide is also a second-degree felony punishable by 15 years in state prison and up to a $10,000 fine.  Under Florida's implied consent law, a driver suspected of DUI is required to submit to blood alcohol chemical testing.  Failure to comply with the request for a blood alcohol test results in an automatic license suspension under Florida DUI law.

An experienced DUI manslaughter lawyer will understand how to analyze and defend against a blood-analysis result, accident reconstruction, medical testimony, a traffic homicide investigation, and witness and officer testimony.  Being charged with the death of another person while driving and under the influence of alcohol can be a life-changing event with consequences that will follow the driver for the rest of his or her life. 

Anyone charged with DUI manslaughter should wait until he or she has had a chance to speak to a lawyer before answering any questions.  Even if a defendant is charged with DUI manslaughter, it is far from inevitable that he or she will be convicted.  If you are charged with DUI manslaughter, an experienced DUI lawyer will be able to investigate the circumstances of your case and help you develop appropriate defenses.

Musca Law provides the highest quality criminal litigation services to the residents of Tamps and the surrounding areas.  Our Tampa criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, from misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

Every year spring break leads to a flood of college students into Orlando and cities throughout Florida.  Few of the young people that flood into the state to celebrate their break from studies ever consider the likelihood they will be arrested or the long-term impact such an arrest can have on their schooling, future employment or their freedom.  During this spring break authorities in Orlando and other party destinations throughout Florida arrested over 1,000 underage drinkers.  The Division of Alcoholic Beverages and Tobacco said 1,092 underage drinkers were cited.

The mere arrest for an underage drinker can result in a sentence of 60 days in jail and a $500 fine.  The situation is even more precarious if the minor is caught driving under the influence of alcohol explains Orlando DUI lawyer John Musca.  "Florida has a so-called "zero tolerance policy" for drivers who have a blood alcohol concentration (BAC) in their system of .02 when they are driving," said Musca. 

Any underage driver with a BAC of .02 or higher will have their license automatically suspended for 6 months.  "The reason the policy is called "zero tolerance" is that the purpose of the law is to ensure that even a single drink by an underage driver will place the driver over the legal limit," said Musca.  The license suspension for violating the zero tolerance policy is an administrative suspension as opposed to an infraction or misdemeanor.  A driver under the age of 21, who is found to be driving with a BAC of .02 or above on a second or subsequent offense, will have their license suspended a year for each subsequent offense.

If a driver under 21 is found to have a BAC of .05 or above, the administrative suspension will remain in effect until the minor completes a substance abuse evaluation and course.  Students celebrating spring break in Florida are also subject to the same DUI laws that apply to adults.  This means that a spring break reveler that has a BAC of .08 or above can be sentenced to a maximum of 6 months in jail and a fine of not less than $250 and not more than $500.

"Because a DUI can so alter a young adult's life, it is important to seek immediate legal advice if arrested while celebrating spring break in Florida," said Orlando DUI lawyer John Musca.  An Orlando DUI defense attorney will investigate the circumstances of your arrest to determine available defenses and strategies.

If you or a loved one has been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences.  An Orlando DUI attorney will advise you of your right's, guide you through the complex court system and provide you with the help that you need during this difficult time.

A man accused of causing an accident that resulted in the death of two women in 2008 was arrested at Orlando International Airport attempting to reenter the country.  The man's passport had been flagged when he left the country for Lebanon last year.  There was speculation that the man was fleeing the country to avoid prosecution, but the man's friends disagreed.  Friends of the man indicate he went to Lebanon to visit family.  The man was charged with two counts of DUI manslaughter and two counts of vehicular homicide after an accident in July 2008 resulted in the death of two women.  The driver was arrested on an active warrant related to the DUI manslaughter charges.  The man is being held without bond because he is considered a flight risk.

At the time of the accident, the two women were driving north on Dean Road after exiting SR 408.  A breathalyzer test administered after the accident indicated that the man's blood alcohol concentration (BAC) was .085.  The driver was also purportedly speeding at the time of the accident.  The police report indicated that the driver was also speeding.  The man allegedly was driving 65 mph in a 45 mph zone.  The collision literally split the Acura driven by the women in half.  The two women were pronounced dead at the scene.

The DUI manslaughter charges could each result in a sentence of 15 years.  The authorities charged the man with DUI manslaughter and vehicular homicide after determining the driver failed to yield at the intersection while speeding and driving under the influence of alcohol.  This case is one where an experienced DUI attorney may make a significant difference in the outcome according to Orlando DUI attorney John Musca.  The driver's blood alcohol level is low enough that the breathalyzer results may be vulnerable to a challenge.  While the driver faces a difficult situation, the defense attorney may be able to get the charges reduced.  Given that this man is facing the prospect of facing much of the rest of his life in prison, he should consult an experienced qualified DUI attorney.

Musca Law provides the highest quality criminal litigation services to the residents of Orlando and the surrounding areas.   Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, which include misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

The firestorm set off when Tiger Woods crashed his SUV in the early morning hours of Thanksgiving did more then set off a flood of adultery allegations against Woods.  The incident illustrates how a person who is not afraid to assert their rights and who is not intimidated by the mere presence of police has a better chance of a positive outcome when facing a potential DUI arrest under Florida DUI law.  This is not to suggest that Woods was under the influence of alcohol or drugs at the time of his accident.  The focus of this analysis is what can be learned by the average person facing a DUI arrest from Woods' interaction with Orlando Highway Patrol following his accident.  The key lessons to be gleaned from Wood's interaction with Orlando highway patrol include the following:

• Silence is Golden: Woods at no time told police that he had consumed any alcohol.  According to a request filed to obtain medical records after the incident, a witness purportedly told officers that Woods had been drinking earlier in the day prior to the accident.  Woods apparently did not at any time indicate he had been drinking and seems to have invoked his right to an attorney.  Many people in this situation are afraid and intimidated and feel the best way to handle the situation is to cooperate as much as possible and talk to police.  Responses like "I had a couple beers," "I drank a little bit," "I am drunk" are common.  If Woods had said anything of this nature, his situation would have escalated.  Woods would likely then have been subjected to field sobriety tests and based on the results breath or blood tests.  Woods' experience shows that generally you should not volunteer information and should invoke your right to an attorney.

• Medical Records May Be Protected: The Orlando Highway Patrol sought medical records from Tiger Woods visit to the hospital presumably to determine if evidence existed to support an arrest for DUI based on drugs or alcohol.  If Woods' had admitted drinking at the scene of the accident, the officers may have had a sufficient basis to obtain his medical records.  However, Woods' never volunteered information that would create a sufficient legal basis to subpoena his medical records.

• Your Home is Your Castle: The Orlando Highway Patrol came repeatedly to Wood's home to question him.  Because the authorities did not have enough evidence to justify searching his home or detaining him he was able to refuse to speak to authorities or grant an interview.  A lot of people in the same situation would both consent to having authorities enter and search their residence and consent to the interview which may lead to incriminating information and create a sufficient legal basis to obtain Woods' medical records.

"The major principal to take from this is that knowing one's rights may mean the difference between going to jail and going home," commented Orlando DUI lawyer John Musca.  An experienced Orlando DUI lawyer will be able to help you assert your rights and avoid making your situation worse.

Continue reading "Orlando DUI Lawyer on What Tiger Woods Case Can Teach Regarding a DUI Suspect's Rights " »

A man was arrested by University of Florida police for driving under the influence on campus.  Thomas Clyde Mastin Jr. also had more than 70 pills of controlled muscle relaxants in his vehicle when arrested.  Mastin allegedly told campus police that he had oxycodone, carisoprodol and alprazolam in his car because he had suffered dislocated discs in his back.  Officers also indicated that the Orlando man also told them that he had "just a little bit" to drink at a bar where he works as a bartender.

Mastin was sleeping in his car in a grassy area on the side of the road when officers pulled up to investigate.  The campus police reported that Mustin appeared intoxicated.  The police report indicates that Mastin failed field sobriety tests but that the breath test that was administered registered a blood alcohol concentration (BAC) of 0.00.  In addition to admitting that he had a "little bit of alcohol," Mastin allegedly told campus police that he had taken an oxycodone in the morning before going to work at the bar.

When police investigated, they found several prescription bottles in Mastin's name scattered throughout the vehicle.  The police report also indicates they found a prescription bottle in another person's name.  The police indicated that the pills seemed to have been mixed and divided between the bottles.  Mastin faces a DUI charge and a litany of drug charges including trafficking and possession charges related to his possession of the controlled substance muscle relaxants.  Mastin is being held on a bond of $57,500.

"Many people do not realize that prescription drugs can be the basis for a DUI arrest in Florida," said Orlando DUI lawyer John Musca. "A significant number of prescription drugs can result in a driver's impairment while driving.  When prescription drugs are mixed with even small amounts of alcohol, they can seriously impede one's driving ability."  Musca points out that DUI cases that involve drugs can be tougher to prosecute because the prosecutor may need to use expert testimony to establish that the drug actually impaired the subject's driving ability.  Although an officer may ask what prescription medication a driver has taken, a driver is not required to share information about what type or how much prescription medication the driver has ingested, explained Musca.

For further information about Criminal Defense Lawyer John Musca visit www.muscalaw.com, where you can review the firm's current case list along with their previous successes and obtain legal information.  Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.

The penalties for a DUI case in Orlando and elsewhere in Florida are serious and the laws are strictly enforced as reflected by Florida having the third highest number of DUI arrests in the country.  Given the prevalence of DUI arrests in Florida, it is critical to understand the penalties associated with a DUI conviction.  Orlando DUI attorney John Musca, who routinely handles DUI cases in Orlando and throughout Florida, has provided an overview of DUI punishment for first and second-time offenders. 

The penalties rise with each subsequent offense.  There are actually two tiers of punishment under Florida DUI law.  The lower tier applies in cases where the blood alcohol level of the offender is over 0.8.  The higher tier applies where one's blood alcohol level exceeds 2.0 or a minor child was in the vehicle at the time of the DUI.

First Offense

The criminal status of a first offense depends on the specifics of the case.  A driver who damages property can be charged with a first-degree misdemeanor for example.  A first time DUI in the lower tier also can result in a maximum jail sentence of six months.  The fine for a first time offender in tier one is $250-500.  The offender's driver's license can also be suspended for a minimum of 180 days to one year.  If the offender is convicted, his vehicle will also be impounded for 10 days unless it is the only transportation for the offender's family.  The court will also require 12 hours of DUI School and 50 hours of community service. 

If the offender meets the criteria for the higher tier (i.e. blood alcohol over 2.0 or a minor child in the vehicle), the maximum sentence for a first time offense increases to 9 months.  The penalty also increases to $500-1000. 

Second Offense 

Criminal status for a second offense is similar to that for a first offense except that if the DUI causes serious bodily injury to another it may result in a third degree felony.  First or second-degree felonies can be charged if the offender commits DUI manslaughter which results in the death of another person.  For a second offense, the maximum imprisonment increases to 9 months.  The fine also increases to $500-1000. The fine increases to $1000-2000 if the higher tier criteria are met.  If the violation occurred within 5 years of the first offense, the offender's car will be impounded for 30 days.  The offender's license will be suspended for 180 days to 1 year.  The offender's license will also be revoked for a minimum of five years if the second offense is committed within 5 years of the first offense.  The offender must also complete 21 hours of DUI school and complete a year of probation.

Musca Law provides the highest quality criminal litigation services to the residents of Orlando and the surrounding areas.   Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

When you are stopped for DUI in Orlando or elsewhere in Florida, it can be a frightening experience.  Many people assume that once the arresting officer indicates that you have failed field sobriety tests or a breathalyzer test by registering a blood alcohol level of 0.8, conviction for DUI is inevitable.  The consequences of such a conviction can be overwhelming, yet many accused of DUI have no idea that those tests may never be admitted as evidence in their case.

The fourth amendment of the Bill of Rights protects us as citizens from unreasonable search and seizures by the government.  The police as agents of the government are limited by the fourth amendment and must have "probable cause" that you committed a specific violation of law to stop your vehicle.  An officer who observes the tags on your vehicle are expired or determines you're speeding by following you are common examples of "probable cause." 

An officer may also detain you briefly and investigate further if he has "reasonable suspicion" based on specific facts known to him that you are or have violated the law.  For example, the officer observes you suddenly turn into a parking lot when he appears behind you, and you seem to be looking to see who is following you.  You then quickly park in an obstructed spot behind an empty abandoned building.  While this may constitute "reasonable suspicion" to stop your vehicle, an officer cannot stop you merely because he has a "feeling" or a "hunch."

An officer must have either probable cause or reasonable suspicion to lawfully stop you.  If the officer does not have either, any evidence he obtains after the stop may be excluded from your court case under the so-called "exclusionary rule."  Basically, this rule says all evidence that is obtained illegally is tainted as the "fruit of the poisonous tree." 

For example, a police officer may engage in an illegal stop if he pulls you over merely because you look like "the type who is habitually drunk."  After pulling you over, he smells alcohol on your breath and sees empty beer cans in you car that fall to the ground as you open the door.  He then watches as you stumble and fall getting out of the car.  You subsequently fail a field sobriety test, and a breathalyzer shows your blood alcohol is 0.24, three times the level Florida law considers a driver impaired.  Because the officer did not have a valid basis for the initial stop, all of the rest of the evidence that was discovered after the stop may be excluded and the case dismissed.

There may be another way your Orlando DUI lawyer may use the exclusionary rule in your case.  There are very specific rules and regulations under Florida DUI law that require the use of certain approved, certified and calibrated breathalyzer machines.  The Florida legislature has extended the protection of the exclusionary rule to protections adopted under Florida state law.  If the police cannot show that the breathalyzer has been calibrated correctly, the judge could apply the exclusionary rule so that the results cannot be used at trial. 

In a case where you have made damaging admissions after being confronted with the results of the breathalyzer test, your DUI lawyer may even try to have your damaging admissions excluded as "fruit of the poisonous tree."  Orlando DUI attorney John Musca points out, "Many people assume that once they have failed a field sobriety and/or breathalyzer test, their DUI conviction is pretty much a forgone conclusion.  This is simply not the case.  A good DUI attorney may be able to ensure that those tests are never introduced as evidence in their client's DUI case."

Mathew Scott Hall from the Orlando suburb of Altamonte Springs was sentenced for 7 years in prison for DUI manslaughter of his best friend in a fatal car crash.  Police estimated that Hall was driving in excess of 85 mph in a 35-mph zone when he missed a curve and collided with a tree.  Hall's blood alcohol level was measured at 0.15, which is twice the level at which a driver is considered impaired under Florida DUI law.

Hall's best friend Christopher S. Avery from the Orlando area of Altamonte Springs was killed when he was thrown from the wreckage of Hall's Charger.  Avery suffered serious internal injuries including a laceration to his liver.  Avery bled to death as a result of his internal injuries.  Hall suffered broken legs and ribs as well as injuries to his face and hands.  Another passenger in the back seat of the Charger was injured but survived the accident and told authorities the friends had come from drinking at a bar near the University of Central Florida.

The jury had been selected and the DUI manslaughter case was set to begin with opening statements and testimony on Wednesday when Hall entered into the plea agreement.  Hall and Christopher's families remain close with Christopher's family hugging Hall after the hearing.

DUI charges especially where someone is hurt or injured can have very serious consequences under Florida DUI law.  "If you are faced with DUI charges, you should invoke your right to remain silent and request an attorney," said Orlando DUI attorney John Musca.  "Many people believe that they can help the situation by cooperating with authorities, but people often make a tough situation worse by volunteering information without legal advice when arrested for DUI."

If you or a loved one have been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences.  An Orlando DUI attorney will advise you of your rights, guide you through the complex court system and provide you with the help that you need during this difficult time.  Contact the attorneys as Musca Law for a free, comprehensive review of your case.

In what can only be described as incredibly poor judgement, Thomas Squiller was arrested during a court appearance for a domestic battery charge when he showed up to court under the influence of alcohol.  Apparently, Squiller drove his Camaro to court while under the influence of alcohol and crashed into another car and dented it in the court parking lot minutes before the hearing.  Police were investigating the crash when they were informed by court security that the owner of the Camaro had been taken into custody by Judge Jack Springstead for appearing in court under the influence of alcohol.

Officers said that Squiller drove himself to the courthouse, but when he was questioned, he did not remember smashing into another car in the court parking lot.  "The officer could detect the strong odor of an alcoholic beverage on his breath, according to the police report.  "Squiller had difficulty standing."  It is not clear at this time exactly what transpired in court but apparently it was pretty apparent to those who saw him that he was intoxicated. 

Attorney John Musca, who routinely handles Orlando DUI cases said, "Judges become very unhappy when parties come to court under the influence of alcohol.  While a defendant in a domestic battery case must show up for a scheduled court hearing, he should have arranged for a ride.  By showing up to court intoxicated and being involved in a crash with another vehicle, the defendant has only compounded his legal problems."

A breathalyzer test showed that Squiller had a blood alcohol level of .310, which is almost four times the level at which one is presumed under the influence.  Police administered additional breathalyzer examinations at the jail, which indicated Squiller's blood alcohol level was .222 and .206.  Squiller is being held in lieu of $1000 bond for DUI and leaving the scene of an accident involving property damage.

Continue reading "Orlando Man Arrested for Making Court Appearance While Intoxicated " »

Phillip Lee Heekin was arrested and charged with DUI and ended up back in Osceola County Jail this week after his bail was set at $2 million.  His bail was set at $2 million because the judge said he posed a flight risk.  Heekin already has a pending case in which he is charged with vehicular homicide, DUI manslaughter and causing serious injuries in the death of a woman who lived in the Orlando suburb of St. Cloud last year. 

Just before the accident that killed the St. Could woman, Cheryl Hall, Heekin ran a red light while proceeding east toward the intersection of U.S. Highway 192 and Old Canoe Road.  A witness reported that Heekin was moving at such a high rate of speed in his 1979 pickup that the witness assumed that Heekin was being chased.  Heekin's blood was drawn and his blood alcohol was measured at 0.233, three times the level at which it is presumed that a driver is intoxicated under Florida state law.  Cheryl Hall and her husband were taken to Orlando Regional Medical Center where Cheryl died.  Her husband was injured but survived his injuries.  Heekin was also injured in the crash, police said.

Heekin had already been arrested for driving under the influence again since the fatal crash late last year.  Police discovered at that time that Heekin was also wanted in Georgia on cocaine-dealing charges.  The first time Heekin was arrested for a DUI crash in 1998, he served 89 days in jail.  Records show Heekin has been arrested at least 17 times in Florida.  Heekin has also been arrested in Georgia, North Carolina, Virginia and Pennsylvania, where he was also convicted of DUI in 2007.

Continue reading "DUI Repeat Offender Charged With DUI Manslaughter; Bail Set at $2M" »

Ashley Rowe, an Altamonte Springs policewoman, resigned last week pending the results of a DUI investigation into her collision in December, in which her passenger nearly died.  Michael Kroohs, a Reedy Creek firefighter, was a passenger in Rowe's car when she crashed on Lotus Landing Boulevard near SR-434 near Orlando.  Florida Highway Patrol troopers at the scene believed she had been drinking and was impaired.

Kroohs had met Rowe earlier that evening when Rowe and several other officers had been drinking and went out for a late dinner.  Kroohs indicated that Rowe did not act drunk the night of the accident.  "It's crazy how someone can be drunk and look so normal, that is the only thing that hit me; it's kind of surprising to me, "Kroohs said.

Kroohs, who nearly died, has spent the last two months at home recovering since the December accident.  He was seriously injured and faces $200,000 in medical bills.  Kroohs says he does not plan to sue Rowe despite the high cost of his medical bills because he views her pending DUI charges and resignation from the police as more than enough punishment.  "The pain and suffering I had to go through, so I guess this is her punishment the way I look at it," he said.

Rowe had been working on desk duty while the investigation into the incident by the Florida Highway Patrol was pending.  When blood alcohol results came back on Wednesday, results showed Rowe's blood alcohol level was .15.  The investigators for the Florida Highway patrol are in the process of filing DUI charges with the State Attorney's Office.

In light of the results, Rowe submitted her resignation letter on Friday.  In Rowe's resignation letter, she said, "My decision to leave the agency has been a difficult decision but feel I need to be closer to loved ones.  I leave with much sadness."

Continue reading "Altamonte Springs Cop Resigns in Face of DUI Charges " »

Florida Highway Patrol Officers arrested prominent Lake County attorney and civic leader Bruce Duncan and charged him with DUI-manslaughter connected to the death of retired postal worker Herbert "Steve" Muller.  Duncan faces 15 years in prison if convicted of the second-degree felony resulting from a collision in which his Nissan pickup truck drove into the path of Muller's motorcycle.

The accident occurred less than a mile from Duncan's home.  Muller was returning to his home in Mount Dora after riding with friends to Daytona Beach and Biketoberfest. Duncan was returning from the Florida Gators football game against Arkansas at the time of the crash.  Duncan was turning onto Majestic Oaks Drive, in the Orlando suburb of Tavaras, when his truck collided with Muller, who was headed west on Wolf Branch Road.  A blood test administered at the crash scene indicated Duncan's blood alcohol measured 0.16 twice the level at which a driver is presumed impaired under Florida state law.

Duncan's family has long been a prominent and influential family in Lake County.  His great-grandfather, Henry Holcomb Duncan, drafted the legislation that created Lake County from land in Orange and Sumter counties.  Duncan is president of Family Dynamics, a Leesburg based land development firm.  He was previously an assistant public defender, assistant Lake County attorney, and Lake's economic-development director.

He has also been prominent in civic activities in Lake County.  He is chairman of the executive board of Life Stream Behavioral Center, which is dedicated to providing mental health and substance-abuse services for Lake and Sumter counties.  He was also master of ceremonies for local charity events.

Duncan's attorney accompanied him to Lake County Jail where he was released after posting $50,000 bail. The next court date in the matter has not yet been set.

Continue reading "Lake County Attorney and Civic Leader Charged with DUI/Manslaughter" »

A man in a wheelchair was hit and killed by a drunk driver while he was attempting to cross the street. The driver of the car was arrested and charged with DUI Manslaughter.

As the man was crossing the road a westbound vehicle struck him while he was in a crosswalk.  The man was pronounced dead at the scene. 

There had been a green light at the time of the impact however according to officers that had arrived at the scene there was a strong odor of alcohol on the driver, who also displayed slurred speech and glassy eyes.  The driver had taken a field sobriety test and failed.  He was then charged with DUI manslaughter and could face up to 15 years in prison.

Every police report generated after a DUI arrest indicates that there was a strong odor of alcohol and that the driver had glassy eyes.  A good defense attorney would point out that an officer would not know what the suspect's eyes are like normally, or how they would speak with or without alcohol.

When faced with serious DUI charges which include manslaughter, it is imperative to retain experienced and aggressive DUI Criminal Defense lawyers to conserve your constitutional rights and compass the best possible outcome.

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 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.  Being arrested does not mean that you will be convicted!