Tampa DUI Lawyer Blog

A jury convicted Donald Buffkin Friday on charges of DUI manslaughter, vehicular homicide and driving with a suspended license in the April 10, 2008 death of his wife Gari Ann Buffkin, who was a passenger in the car.  The man's wife was thrown from the vehicle when Buffkin lost control of his car and crashed.  Mrs. Buffkin suffered severe injuries and died at the scene of the accident.  They had been married 4 years at the time of the crash.

A blood alcohol test administered to Buffkin indicated his blood alcohol level was 0.115, nearly twice the level a person is considered impaired under Florida DUI law.  Buffkin was on probation from a prior DUI conviction at the time of the accident.  Buffkin faces a sentence enhancement because he was on probation for the prior DUI conviction.  Circuit Judge Joel Boles scheduled Buffkin's sentencing hearing for March 8.

"A case like this shows the tragic consequences that can result when one engages in driving under the influence of alcohol.  When a DUI case results in death, the impact is devastating.  A person is dead, and the driver's life is also forever changed.  A case like this can result in substantial jail time and in this case a family is literally destroyed," said Tampa DUI attorney John Musca.  Musca emphasizes that when faced with serious charges like DUI manslaughter, one needs to get legal advice and retain an attorney as soon as possible.  Musca points out that having an experienced attorney in Florida DUI law in cases like this can impact both the likelihood of conviction and the resulting punishment.

Joshua West accepted a plea agreement in a case in which Andrew Hall lost his leg on Tuesday.  West pleaded guilty to driving under the influence and leaving the scene of an accident involving injury.  Pursuant to the terms of the plea agreement, West will be sent to prison for 8 years.

On the day of the accident, West had been drinking at a Clearwater Beach Bar.  West was going 90 mph as he drove up onto the curb and crashed into Hall at 1:00 a.m.  Hall had simply been waiting for a ride.  Hall sustained major injuries including a crushed pelvis and a severed leg.  Officers said that even three hours after the accident West's blood alcohol level was 0.188, which attorney John Musca said is over twice the level at which a person is presumed impaired under Florida law.

Ironically, Hall, who battled cerebral palsy as a toddler, had worked hard to develop the ability to walk on his own.  His story has inspired many in the Tampa area.  He now faces a long rehabilitation, once being fitted with a prosthetic leg so that hopefully he can one-day walk again.  Hall will try to draw on the strength and courage he developed as a child as he once again faces a long difficult rehabilitation process.

West apologized to Hall at the hearing, but Hall was skeptical about West's sincerity.  "Looking into his eyes, he's a really lost young man," said Hall.  Hall plans to use his story to publicize the problem of drunk driving.  "Drinking and driving is an epidemic," said Hall.  "It's spreading like cancer.  So if this will promote change, all across America, I'm on the wagon for it."

A program has been set up to raise funds to purchase a prosthetic leg and assist Hall in paying his medical bills.

Continue reading "Attorney Musca Comments on DUI Guilty Plea in Case Where Man Lost Leg " »

Daniel Joseph Mahoney, 40, collided with a pole located in front of the Publix at 9850 Little Road in the Tampa suburb of New Port Richey and was subsequently arrested.  When Highway Patrol officers arrived at the scene of the collision, Mahoney told them, "I've had too much to drink tonight, and I hit a pole," according to the police report.  The officers administered a field sobriety test, which Mahoney failed.  Breathalyzer tests indicated his blood alcohol level was 0.162 and 0.157, which is about twice the level at which a driver is presumed impaired under Florida law.

Mahoney indicated he had been drinking and driving for years without ever being involved in an incident or receiving a ticket.  Mahoney said, "I've been drinking and driving for 20 years and never got caught before tonight," according to the Florida Highway Patrol report.

When officers arrived, Mahoney had left the parking lot with a broken right front axle on his vehicle and had gone on to hit a fence on Hilltop Drive in the Tampa suburb of New Port Richey.  Mahoney was just sitting on the rear bumper of his vehicle when the Florida Highway Patrol officers arrived.

Mahoney was charged with DUI, two counts of DUI damages to property and hit and run involving property damage.  Mahoney, who resides at 9440 Osceola Drive in New Port Richey, was released from Land O' Lakes jail after posting $1500 bail.

A first time DUI involving damage to property is a misdemeanor in the first degree under Florida law, which could result in a jail sentence of up to 6 months as well as fines and a license suspension of 180 days to 1 year.  Because Mahoney left the parking lot, which was the scene of the original collision, he could face a felony conviction with extensive jail or state prison sentencing, fines and other penalties.

If you or a loved one have been charged with a Tampa DUI, contact a knowledgeable Tampa drunk driving defense attorney to work for you. Musca Law firm has handled countless alcohol related cases in Tampa and throughout the State of Florida. With over 100 years of combined legal experience and Musca Law understands 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.

A jury in the Tampa suburb of Clearwater deliberated for three hours before finding Jeremy Rettman was responsible for the death of his 21-year-old friend, Patricia Blankenship.  Rettman was sentenced to 15 years in prison for his conviction of boating under the influence manslaughter.  Rettman's blood alcohol at the time of the accident was twice the level at which a driver is presumed impaired when his 16 foot Hydrosport collided with another boat on Lake Tarpon.  Rettman had a long record of arrests for driving related offenses including DUI, reckless driving and driving with a suspended or revoked license.

When Rettman's boat collided with the other boat, Blankenship was badly injured by the boat's propeller, which slashed her chest and nearly severed her arm.  Blankenship died 10 days after the accident.  Penny Barnett, Blankenship's mother, expressed the family's grief after the verdict.  "There's no one who wins here.  This is not closure, by a long shot.  There is no closure."

The issue of who was driving the boat became a critical issue in the trial.  The prosecution argued that Rettman's daughter Amanda, who was 10 at the time, was steering while Rettman operated the throttle.  The defense contended no evidence was presented to show Rettman was the person driving the boat at the time of the accident.  The defense pointed out that Justin Shields, who owned the boat, was on the boat at the time of the accident.  Rettman's daughter testified that both Shields and her father were standing next to her at the time of the accident.  She also testified that Shields was the one who was operating the throttle at the time of the accident.

Barnett expressed sympathy for Amanda.  "I bless his family and my heart just goes out to his family.  My main concern is for Amanda.  I've never blamed her, not once.  I hope she can get on with her life."

Continue reading "Intoxicated Man Sentenced to 15 Year Sentence for Fatal Boat Crash" »

A Tampa man, plead guilty to DUI manslaughter and was sentenced to 15 years in prison, after he hit and killed a 84 year old, decorated World War II Army veteran.  He had been set to start trial, but pled guilty on the eve of the trial.

The vehicle struck a scooter on the left side and wedged it underneath the right front bumper of the pickup truck he was driving.  The driver's blood-alcohol level of 0.348 was four times the legal limit under Florida law.  According to police, who already had a 1992 driving under the influence conviction, traveled 146.6 feet before reacting to the crash.

Commenting on the seriousness of such cases, the assistant state attorney who prosecuted the case said; "There are so many of these cases, and judges are consistently giving maximum-term sentences on DUI manslaughter.  The judges in Pinellas County are not going to tolerate people driving drunk and hurting and/or killing people."

The victim was a World War II army veteran who took part in the invasion of Normandy.  He went into the army as a private in 1942 as a member of the 101st Airborne Division, air dropped into enemy territory in the dark of night after midnight on June 6, 1944.  The plan was for the soldiers to land 10 miles inland from Omaha beach pending the arrival of reinforcements.   Many of the soldiers in the unit landed off target and got separated while some drowned in the English Channel.  He was shot in the leg and received the Purple Heart and was awarded a Bronze Star with a V for valor.

The daughter of the victim commented on the sentence, "It keeps a lot of people safe.  I'm pleased.  He's 61 now and suffered a stroke through his alcoholism.  He'll never walk out of prison."

When faced with serious DUI charges  that 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!

A 39-year-old mother was arrested and charged with DUI and DUI with property damage after crashing into another vehicle as she was pulling into a parking space. She then left the vehicle unattended, and on foot. 

Police that responded to the scene, reported that she was under the influence of a controlled substance.  She consented to a series of voluntary field sobriety exercises, where she reportedly failed.  She was then arrested and charged with DUI, DUI with property damage, leaving the scene of an accident with unattended property, and child neglect.

Setting aside the more serious charges, according to Florida Law, leaving the scene of an accident resulting only in damage to a vehicle or other property which is driven or attended by a person, shall immediately stop such vehicle at the scene of such accident, or as close there to as possible, and shall forthwith return to, and in every event shall remain at the scene. Any person failing to stop, or comply with Florida Law, shall, upon conviction, be punished by a fine of not more than $500, or by imprisonment for not more than 60 days, or by both such fine and imprisonment.

If you have been accused of driving under the influence of drugs, alcohol or other criminal offense, you should call the Law Offices of Musca Law as soon as possible.  Because Musca Law is relentless in the defense of their clients, they have effectively achieved reduced sentences, reduced charges, preservation of driver's licenses, and dismissed charges for their clients.

HILLSBOROUGH COUNTY - According to a Hillsborough County Sheriff's spokesperson two people were injured in a car accident on New Year's Day when another driver ran a red light crashing into their vehicle.  

The occupants of the vehicle that had been hit were transported to the hospital, where they were treated for serious injuries, with one in critical condition.  The driver that ran the red light had also been treated at the hospital, where he was released and charged with two counts of DUI with serious bodily injury, two counts of property damage and not having a valid driver's license.

Although, Florida authorities were out in full force over the holiday in an effort to support the National Highway and Traffic Safety Administration's "Over the Limit Under Arrest" campaign which worked with local law enforcement to establish sobriety checkpoints and increased other methods of keeping drunk drivers off of the road, there are still those that will slip through the system.

If you have been arrested and charged with driving under the influence, you need a criminal defense lawyer in the Tampa area.  An attorney that has years of experience in Tampa and the surrounding courts, who is able to work zealously and tirelessly on your behalf.   Because Florida DUI lawyers at Musca Law are relentless in defending clients, their offices have effectively achieved reduced sentences, reduced charges, preservation of drivers licenses, and dismissed charges for their clients. Contact Musca Law for a free consultation and to discuss the details of your case.

Tis' the season for holiday parties and cheer, that time of year for gift giving, eggnog, rum cakes, and Dom Perignon.   Tis' also the season for Operation 3D, where the gift giving consists of a public awareness plan of heightened DUI patrols and DUI checkpoints. 

When we think of holiday activities we think of the local church Christmas play or the Nutcracker.  However, Hillsborough County has another activity in store, an activity that will serve to encourage compliance of the existing traffic laws by motorists.  Operation 3D will also focus on motorists who drink and drive.

As most would agree there is no excuse for driving while under the influence of alcohol. However, the holiday season makes us merrier than other times of the year, where we enjoy eating, drinking, and being merry.  We never think of the dangers when we hit the roadways.  We do not stop to think that once we enter our vehicles after a few merry drinks, that we have now entered a 4,000 lb weapon, the weight of the average American car.   Driving while under the influence of alcohol, is a sure set up for target practice where our fellow drivers on the road or the pedestrians in the street become the target.

Operation 3D, is going to ensure that our roadways are safe this holiday season where they have scheduled heightened patrols and checkpoints throughout the county. 

Although most of us do not intend to drink and drive, the hard truth is that we do.  During these heightened patrols the odds are, you will be pulled over, or you will travel through a DUI checkpoint.  The consequences of driving under the influence of alcohol can be catastrophic if you have been charged with DUI, you will be prosecuted to the fullest extent of the law.  This is when you will need an experienced and aggressive DUI Attorney, where your case will be thoroughly reviewed and your best interests protected.

If you need a Florida criminal defense attorney, contact Musca Law for aggressive representation.

Continue reading "Suspected Drunk Driver Collides With Police Officer" »

A 30 year old woman had been pulled over by police for a headlight infraction.  After approaching the vehicle the officer observed an open container of tequila and a strong odor of alcohol on the driver. The officer also observed that two children, ages 7 and 9 were present in the vehicle, both were wearing seat belts.

The driver agreed to take the field sobriety exercises where she had failed.  The breathalyzer report revealed that the woman had a blood alcohol content of .235, three times the legal limit of .08.  An arrest was made on the charges of DUI, aggravated child neglect, driving without a valid driver's license and driving an unregistered vehicle.

The difficulties involved in a DUI arrest are enhanced when a charge of child neglect is involved.  Child neglect charges related to a DUI have automatic enhancements which can include higher fines, longer probation terms, enhanced vehicle impound days, 6 months of an installed ignition locking device, a longer suspension of your driver's license  with a possible jail sentence of up to 9 months.

When charged with a DUI, what you do in the first couple of hours can make the difference in the outcome of your case.  The attorneys at Musca Law know how to protect your rights.  With more than 100 years of combined experience in the criminal justice system, the Attorneys at Musca Law provide their clients with the vigorous criminal defense that they deserve.  If you have been arrested and charged with a DUI contact MUSCA LAW today.

Continue reading "Woman Arrested for DUI, Three Times Legal Limit with Children in Car" »

A taxi driver picked up an intoxicated patron at a Hernando County bar and dropped him off a local gas station. The man then started screaming obscenities towards the driver. After words had been exchanged, the intoxicated individual left on his bicycle and rode into the middle of State Road 50. Fearing for the man's safety, the taxi driver contacted the authorities to report the drunken driver.

Officers approached the rider, 45-year old Jeremy Bowen, and he immediately jumped off of the bicycle. The authorities noticed the defendant smelled of alcohol, slurred his speech and had difficulty maintaining his balance. At first Bowen denied riding the bike and then he eventually admitted to drinking 5 beers at a bar before accepting a ride from a taxi.

Continue reading "Hernando County Man Accused of DUI on Bicycle" »

A Tampa criminal defense attorney has been arrested and charged with DUI and Possession of a Controlled Substance in Apollo Beach.  The officer clocked the driver's 2007 Cadillac traveling 35 mph in a 20 mph zone. The arresting officer also reported that the 60-year old defendant drove in the center of the roadway and not in his designated lane.
At the traffic stop, the officer noted that the defendant exhibited signs of intoxication: red and watery eyes, slurred speech and smelled of alcohol. He confessed to drinking a glass of wine prior to the traffic stop. The police requested the attorney participate in field sobriety test and he refused because an arthritic knee injury. The defendant allegedly requested to participate in a blood alcohol test, but the officers denied his request.

Continue reading "Tampa Attorney Arrested for DUI & Drug Possession in Apollo Beach" »

After being convicted of DUI manslaughter a woman filed a motion for a sentence reduction. It had been previously reported that the State convicted the defendant of DUI manslaughter that resulted in the fatal accident that killed a 34-year old woman. It was reported that the victim had not been wearing a seatbelt at the time of the collision.

The driver that caused the accident reportedly fled the scene on foot with her unharmed 4-year old daughter.

Field sobriety tests were conducted which revealed that the suspect was in fact under the influence of alcohol.  However, the breathalyzer test showed a blood alcohol level of .05, below the legal limit of .08.

The suspect was arrested and charged with DUI manslaughter where she can face up to a maximum sentence of 30 years behind in prison. After entering into a plea agreement with the State she was sentenced to 13 years in prison.  A request was made for a reduction of her sentence, claiming that she did not fully understand the agreement and that her daughter would be without a mother. The judge in this case denied the motion.

DUI manslaughter is the unlawful killing of another without either intent to kill or reckless indifference to the loss of someone's life.  If a person is driving under the influence of drugs or alcohol and is the cause of accident that costs an individual his or her life may be charged with DUI manslaughter, a felony.

If you have been charged with DUI or DUI manslaughter you need to retain an attorney with legal experience coupled with hands on personalized service. Attorneys at Musca Law are reputable aggressive and can protect your rights.  Musca Law has helped countless clients fight their DUI charges with their knowledge and skills to obtain a winning verdict for their clients or negotiate with prosecutors to get their clients charges reduced for dismissed.

Continue reading "DUI Manslaughter Conviction; Offender Seeks Appeal Of 13-Year Prison Sentence" »