MONROE COUNTY, FL. In the State of Florida every DUI defendant has the constitutional right to a trial by jury. At Musca Law, our experienced DUI trial attorneys have exceptional litigation and legal skills in the area of drunk driving defense. Our familiarity with the constitutional defense relating to reasonable suspicion of drunk driving, probable cause to stop a vehicle and make an arrest, or the permissibility of a checkpoint, can help prevent a DUI conviction. With over 100 years of combined legal experience, we use a team approach to aggressively challenge the State on proving the key elements necessary for a DUI conviction. Our attorneys devise effective DUI defense strategies designed to protect the driver's rights, push the matter to trial, and create reasonable doubt in the minds of jurors. We make every attempt to prevent a DUI conviction.
In a recent DUI court victory, Attorney John Musca fought to obtain a not guilty verdict for a DUI client. The accused drunk driver was searching for a friend's home in an unfamiliar neighborhood. A resident became suspicious of our client's vehicle and took it upon himself to contact an off-duty Florida Fish and Wildlife Officer living in the area. The eye witness
reported a black Chevy Impala driving recklessly, racing up and down the streets of the neighborhood. The off-duty Wildlife Officer began an investigation in his unmarked patrol car. He spotted a vehicle fitting the description of the eye witness and followed it. The vehicle was driven by our client and the officer claimed to have witnessed him going through a stop sign.
Since our client was unfamiliar with the area, he parked his car on the side of the road to get his bearings. The off-duty officer, wearing plain clothes, approached our client as he stood near his car. The officer noted "objective" symptoms of intoxication and reported a possible DUI to the local sheriff's department. Our client refused sobriety testing and was arrested for DUI. Upon conducting a DUI investigation, police searched our client's vehicle retrieving a plastic cup containing alcohol and grapefruit juice, a half empty bottle of Vodka, and a nonprescription pill bottle containing Xanax (a DEA Schedule IV controlled substance).
After thorough investigation of the facts, Attorney Musca challenged the evidence against our client. Attorney Musca demanded a trial on the merits of the case, thereby forcing the State to prove their case beyond, and to the exclusion of, any reasonable doubt. During the trial, defense counsel attacked every aspect of the arresting officer's contact with the defendant and introduced fault in the eye witness report. In light of the argument presented on behalf of his client, Attorney Musca clearly persuaded the jury to find the defendant not guilty.
A DUI conviction will permanently impact an individual's life in a negative fashion. At Musca Law, it is our goal to fight every element of a DUI charge and present a persuasive argument on behalf of our client. Our experience and technical knowledge, as well as our relationship with prosecutors and judges, could make the difference for even the most difficult DUI cases. We give our clients the confidence that they will have a fighting chance to beat their Florida DUI charge.
