Recently in DUI Category

March 16, 2010

Attorney Musca comments on Polk County DUI Manslaughter of Pedestrian

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 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

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August 17, 2009

Famed Bike Builder Billy Lane Charged With DUI Manslaughter

bikes.jpgCelebrity bike builder Billy Lane was charged with driving under the influence, manslaughter and driving with a suspended license after a highway accident in which Lane struck and killed a park ranger from Melbourne Beach, Florida.  Toxicology reports showed that Lane was twice the state's legal limit with a level of 0.192.

At the time of the accident Lane was driving on a suspended driver's license resulting from an earlier accident in North Carolina where he refused field sobriety tests including a breathalyzer

Lane was booked and released on $15,000 bond.  In a statement issued by Lanes PR Agency "we extend our sincere sympathy to Mr. Morelock's family."

DUI Manslaughter and driving with a suspended driver's license in conjunction with a death are second degree felonies. 

Lane had taken a plea deal, where the prosecutors dropped the DUI manslaughter charge with an agreement to cap the potential prison sentence at about 9 years. 

The judge ultimately ordered Lane to 6 years in prison with three year's probation and his driver's license suspended for life.

At times it can be possible to challenge the results from a breathalyzer test to include blood tests in a DUI case.  If the test is not conducted properly the BAC can rise between the time of arrest and the time the test was conducted.

It is important to contact a defense lawyer in the event that you are not only facing a DUI arrest but that your BAC is of .08 or higher.  At Musca Law we can provide you with a defense lawyer that who understands the scientific principles of chemical testing.

If you have been arrested for DUI, and refused the breathalyzer and field sobriety tests you have 10 days to make a request for a special hearing with the Florida Department of Highway Safety and Motor Vehicles.  If you fail to request a hearing within the time frame allowed will result in a six month suspension of your driver's license.

A DUI arrest holds serious consequences which can include jail time, hefty fines and a driver's license suspension.  Place your case in the hands of a competent legal professional Attorney John Musca can aggressively help you to reach the best possible outcome.
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July 24, 2009

Sobriety Checkpoint Planned in Ft. Myers this Weekend

Drivers in the Ft. Myers area should be aware. The Ft. Myers Police Department released information on their website warning drivers that sobriety checkpoints are planned for this weekend. The exact date, time and location of the checkpoint has not been disclosed. Officers will be on the lookout for drivers under the influence of alcohol and/or drugs, and other criminal/ traffic violations. The Police Department is trying to promote community awareness and public education on the hazardous results of drinking and driving.

The Fort Myers Police Department has received additional funding from the Florida Department of Transportation to participate in DUI checkpoints. Funding covers the cost of paying the overtime to Officers working the checkpoint. It also provides new equipment, including Breathalyzer Tests, to help fight this deadly criminal offense.

The Florida legal limit for alcohol consumption is a blood alcohol level of .08. A blood alcohol level can be determined by testing a suspect's breath, blood or urine. There is a No Tolerance Law in place for Florida drunk drivers under the age of 21. If the underage offender posses a blood alcohol level of .02, as much as one drink, the Department of Highway Safety and Motor Vehicles will instantly suspend the accused license for a period of 6 months.

Continue reading "Sobriety Checkpoint Planned in Ft. Myers this Weekend" »

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June 16, 2009

Driver Passed Out in Car Arrested for DUI

passed_out_front_seat.jpgA Police Officer on patrol noticed a suspicious vehicle parked behind a bar that had closed for the night. The Officer investigated the car further and found the driver slumped over the steering wheel, passed out. The Officer banged on the car window for several minutes before the driver finally awoke. The Driver acted confused and unaware of his surroundings.

 The Officer asked the driver to exit his car to discuss the situation. The confused Driver panicked. He started struggling with the car door and screaming, "I do not know how!" "I do not know how!" The Officer had to assist the driver with directions on how to open the car door and exit his vehicle. The dazed Suspect climbed out of the front seat using the door frame for support. The Officer immediately smelled alcohol seething from him.

The Driver also had watery eyes, slurred speech, unsteady balance and obvious confusion. The Officer questioned the Suspect on his alcohol consumption during the evening. The Driver confessed that he had 7 or 8 beers inside the bar. The Driver refused to participate in any Field Sobriety Exercises and refused to submit to a Breathalyzer Test. The Suspect was subsequently arrested and charged with DUI.

Continue reading "Driver Passed Out in Car Arrested for DUI" »

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May 18, 2009

Medicated Veteran Swerving in Camper & Charged with DUI: Defense Scores with No DUI Conviction!

ArmyVeteran.jpgHendry County, FL.  An informant notified police of a noticeably intoxicated elderly man leaving a local establishment in the middle of the afternoon. The Defendant's vehicle was described as a white van pulling a camper. The police caught up with the van/ camper combo and observed the driver swerving. The driver swerved so violently that the camper's wheels left the ground.  Police also noticed the taillights and turn signals on the camper trailer were not functioning properly. The Officer initiated a traffic stop.

The driver smelled of alcohol, had bloodshot and watery eyes, slurred speech, difficulty with balance and difficulty understanding instructions. The Officer requested that the Defendant take a Field Sobriety Test and he agreed. Prior to beginning the test, the Defendant explained to the officer that he sustained a leg injury in the Vietnam War and took 8 prescription medications daily for the treatment of pain and Post Traumatic Stress Disorder. The officer requested that the Defendant walk the white line and he performed poorly. The officer placed the driver of the van/camper under arrest and charged him with DUI

Continue reading "Medicated Veteran Swerving in Camper & Charged with DUI: Defense Scores with No DUI Conviction! " »

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May 5, 2009

Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka - DUI Trial Attorney Obtains NOT GUILTY by Jury

Jury Trial.jpgMONROE 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

Continue reading "Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka - DUI Trial Attorney Obtains NOT GUILTY by Jury " »

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