Florida Criminal Attorneys Blog

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A 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" »

Hendry 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! " »

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

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