Tampa DUI Lawyer Blog

A Tampa woman, who was on probation for failing to make her child attend school, was determined to have violated her probation after she was convicted for DUI.  Charlotte Fair pled no contest to a charge of DUI, which constituted a probation violation for failing to send her daughter to school for which she served time in jail last month.  The woman was originally sentenced to jail time on the truancy charge because her daughter had missed 85 days of school.

The DUI conviction constituted a violation of her probation on the truancy conviction resulting in Fair being sentenced to twelve months probation, which will run concurrently with six months probation that she received on the truancy conviction.  Fair also received a $500 fine, a six month license suspension, and fifty hours of community service. 

Fair was pulled over by deputies in September after they said she was swerving in her car according to an arrest affidavit.  While Fair's blood alcohol level was 0.00, she admitted to deputies that she had taken oxycodone.  Official records show that the case was forwarded to the State Attorney's Office, which issued a warrant for Fair's arrest.  When deputies attempted to execute the warrant at Fair's home, she refused to open the door and a charge of resisting arrest was added to the charges.

The judge in the DUI case did not make counseling mandatory but indicated any time spent in counseling would count as community service time.  "We will revisit this issue," the judge said.  "I have concerns about your counseling.  I think it would be extremely beneficial," the judge stated.  Friends of the family and a school district social worker indicated Fair's failure to get her 14-year-old daughter to attend school resulted from loneliness and attachment issues. 

Fair began to have issues when her son, who had cerebral palsy, died at 15.  After the death of her son, Fair's daughters began to habitually miss school.  "It appears that the judge may have taken the extreme challenges facing this woman into account including the loss of her son," said Tampa DUI attorney John Musca.  "This is an example of how an experienced DUI lawyer can help a judge and prosecutor see a defendant in a more sympathetic light and take the defendant's unique circumstances under consideration," said Musca.

Musca Law provides experienced DUI and Criminal Defense Attorneys who investigate exhaustively to build and effective case for their clients.  Do not please guilty to any DUI charge.  You do not have to answer to any questions outside of your sobriety testing from breathalyzer to roadside tests.  Simply be polite, provide accurate documents and call a Tampa DUI lawyer at Musca Law.

People accused of DUI in the Tampa and Hillsborough County area have lost a major protection against police misconduct or deviation from appropriate procedure.  Tampa DUI lawyers until recently were able to obtain a video that showed everything that happened once a suspect entered central breath testing at the Hillsborough County Sheriff's Offices.  The video showed what went on during the twenty minute observation period before the breath test was administered; the actual breath test as it was being conducted; and the period after the breath test before the suspect was removed from the room.

The cameras caught everything that went on in the room and even provided the capability to zoom in and out.  These videos often provided critical evidence because they showed the officer was not complying with his obligation to carefully observe the subject for the twenty minutes before the breath test.  The video sometimes also showed an officer failing to comply with appropriate procedures or using excessive force on a suspect.  It was not uncommon that the video would be the key evidence at a suppression hearing to exclude the breath test or impeach an officer's testimony about what transpired.

The videos preserved a clear record of what occurred and allowed the truth to be revealed to the prosecutor, judge and jury.  However, this evidence will no longer be available in the new breath-testing unit.  This is unfortunate because the video provided the most reliable evidence of what actually occurred and provided an incentive for officers to be truthful and follow all appropriate rules and procedures.

While law enforcement officials are typically honest and try to do a good job, there are exceptions and sometimes they make mistakes or break the rules.  This has been revealed in many past cases where officers committed misdeeds and swear under oath but then offer testimony that conflicts with the video evidence.  "This is an example of how video evidence that records what actually occurs during the processing of a DUI suspect can have a huge impact on the outcome of the case," said Tampa DUI attorney John Musca.  "It is unfortunate that these videos will no longer be available as more information is always better in assuring that justice is carried out."

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.  A Tampa DUI Attorney will advise you of your rights and guide you through a complex Court system and provide you with the help that you need during this difficult time.  Contact the attorneys at Musca Law for a free, comprehensive review.

The father of a six-year-old Tampa girl, who was seriously injured in a DUI accident, finally showed up on YouTube after he fled the Tampa area to avoid facing his own DUI charges.  Summer Moll had to learn how to walk again after suffering devastating injuries when she was a passenger in a vehicle involved in a head-on accident with a drunk driver.  Summer's mother was killed in the crash. 

Summer's estranged father Josh Moll arrived from Texas following the accident in order to demand custody of Summer.  Ironically, Josh Moll was arrested for his own DUI before the custody issues could be resolved.  Josh Moll fled the state and abandoned his custody demands to avoid facing prosecution for DUI.  Josh Moll has now made an appearance again but it is not a happy reunion. 

Instead, Summer's dad has emerged as a YouTube sensation in a video entitled "Cheeseburger Josh."  He is scene making a scene and loudly demanding service in a fast food restaurant.  "I asked for a cheeseburger," he yells as he starts to climb over the counter.  "Shut up," replies an employee, and then the two escalate their screaming match.  The employee heckles Moll telling him that he is eating a cheeseburger, which is really good.  Moll then charges the employee and the two wrestle on the floor of the fast food restaurant.

Moll's reappearance in the YouTube video was not popular back in Tampa.  "This is somebody that roared into the state of Florida and said, 'I want her, I want her,' but he has not once proven to anyone he deserves her," said Summer's grandmother.  Now that Moll's location has been made public, the question has been raised whether Moll could be brought back to Tampa to face the pending DUI charges.  "Realistically, the prosecutor is not going to request extradition for a misdemeanor charge so the DUI charges in Tampa are pretty much a moot issues," said Tampa DUI lawyer John Musca.

The issue of who is going to raise Summer is still undecided.  Under Florida law, Josh Moll must abandon his daughter for a two-year period before he is deemed to have abandoned her.  Cheryl Riemann the driver that caused Summer's injuries is set to stand trial in August.

If you or a loved one has been charged with a Tampa DUI, contact a knowledgeable Tampa Dui attorney who will 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 experience Musca Law understands the complexities of the justice system.  Experience does not 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.

Driving while under the influence of alcohol can have very serious consequences even beyond jail or prision term and fines - death can be the result of a DUI.  Eric Peoples was driving proceeding without g headlights about 10 miles per hour.  When the officer turned on his lights, the driver turned down a side street and stopped.  Peoples then drove off as the officer approached the vehicle.  While the officer chose not to follow Peoples, Tampa Air Service was patrolling overhead and followed People's SUV. 
 
Peoples then proceeded to drive recklessly colliding with two parked cars before crashing into an unoccupied parked van.  When Peoples collided with the van People's vehicle burst into flames.  Tampa officers pulled Peoples from the burning car and administered CPR.   Officers along with Tampa Fire Rescue attempted to put out the fire.  Peoples was transported to the hospital and pronounced dead.

This case really illustrates the potentially devastating circumstances of DUI.  A DUI where another person is injured or killed can result in a felony conviction and sentence with a maximum of 15 years in state prison.  The minimum sentence in such a case is approximately 10 years.  These sentences can be even longer where other charges including leaving the scene of an accident are charged.  Anytime someone operates a motor vehicle while under the influence of alcohol the driver, any passengers, pedestrians and those in other vehicles are put at risk of serious injury or death.

Judges and prosecutors take DUI cases that result in injury or death very seriously.  In such circumstances, a lengthy state prison sentence is a real possibility.  However, an experienced Tampa DUI lawyer will carefully investigate the basis for the initial stop, the circumstances during the traffic stop and any field sobriety or chemical testing and other factors that may allow the Tampa DUI lawyer to have your case dismissed or the charges reduced said Tampa DUI attorney John Musca.  If a person is charged with DUI, especially where another person is hurt or killed, he or she should not speak to anyone until speaking to an experienced Tampa DUI attorney.

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 sobriety testing from breathalyzer to roadside tests.  Simply be polite, provide accurate documents and call a Tampa DUI attorney at Musca Law.

A man from the Tampa suburb of Clearwater was arrested after a routine traffic stop for possession of hydrocodone and driving on a suspended or revoked license.  Police indicated Vincent R. Gabel was stopped when he was observed driving his red Dodge SUV with expired registration tags.  A subsequent search of the driver revealed three blue pills in his back pocket, which turned out to be the prescription drug hydrocodone.  It is not clear at this time why Gabel was searched after being stopped for the expired registration.

A Tampa DUI attorney John Musca in discussing the case indicated that a drug related DUI case is similar to a DUI involving alcohol except the case can be harder to prove but the sentences more severe.  A driver who is driving under the influence of a prescription narcotic drug can be charged with drug related DUI only if their driving abilities are actually impaired.  Musca explained that a DUI drug case is different because the prosecutor must actually show that the suspect's mental or physical driving abilities were impaired causing the driver to violate another law (i.e. run a stop sign, fail to yield) or drive negligently.  "Unlike alcohol related DUI, there is no 'DUI per se,' where all the prosecutor must show is the presence of a certain amount of intoxicant in a suspect's system."

In this case, the driver would appear to have a number of defenses available according to Musca.  "It is not clear why the officers searched Mr. Gabel.  However, a stop that is based only on driving for expired registration would not necessarily justify searching Mr. Gabel.  If the search is not valid, the judge must exclude the drugs from the case as if they never existed," explained Musca.  Additionally, there is no indication that Mr. Gabel's driving was unusual or erratic in any way so a drug related DUI charge might not be provable because Mr. Gabel's driving was not impaired so that he violated another law (i.e. runs a stoplight) or drove negligently. 

An experienced DUI lawyer would be able to aggressively defend the case on these grounds as well as a number of others. If you or a loved one had 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.  A Tampa DUI Lawyer 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 at Musca Law for a free, comprehensive review.

Clearwater police arrested a driver who allegedly crashed his vehicle while under the influence of alcohol and fled the scene.  Police stopped David D. Ault, who has three prior convictions for DUI, driving the wrong way on U.S. 19 in his 2002 Ford Station wagon.

Police say Ault refused to submit to a roadside field sobriety test.  Ault said, "I'm drunk, and I can't do that s--- when I'm drunk."  Ault was arrested and booked into Pinellas County jail on charges of felony DUI crash with property damage, hit and run with property damage, refusal to take a DUI test and having no insurance.  According to police, Ault was so intoxicated that he almost fell getting out of his vehicle.  Police also indicated that Ault admitted to being in an accident saying, "All this because I'm drunk and hit a car?"

"This unfortunate man is sort of a cautionary tale in what not to do if you are pulled over for DUI," said experienced Tampa DUI lawyer John Musca.  Even though the man did not submit to a DUI test, the officers will use his behavior and admissions as evidence in his DUI case, explained Musca.  "One of the worst things a suspect can do if he is stopped on suspicion of DUI is tell the officer he is drunk not to mention telling officers he was involved in an accident," Musca said.

While an arrest for DUI is always serious, the penalties become much more severe with allegations of hit and run where a driver is in an accident that causes property damage.  The penalties for DUI also increase for a repeat offender.  A driver who leaves the scene of an accident involving property damage can be charged with a misdemeanor and be sentenced up to 6 months in jail.  A fourth DUI conviction is a felony that can result in a sentence of up to five years in state prison, a $2000 fine and permanent Florida license revocation with no hardship license possible.

If you are a loved one have been charged with a Tampa DUI, contact a knowledgeable Tampa DUI attorney who will 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 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.

Patrick Thomas McCabe, the son of Pinellas-Pasco State Attorney Bernie McCabe, was arrested for driving under the influence in the Tampa suburb of Plant City.  McCabe was arrested after allegedly blowing through a stop sign and crashing into a fence.  The accident resulted in an estimated $1000 in damage to the fence.  McCabe has been charged with DUI involving property damage and was later released after posting $500 bail.  Reports indicated that McCabe's blood alcohol concentration was 0.168, which is twice the legal limit at which a driver is presumed impaired under Florida DUI law. 

Tampa DUI lawyer John Musca commenting on the case indicated that a DUI that results in property damage as well as having a blood alcohol level of greater than 0.15 are grounds for a stricter sentence under Florida DUI law.  A DUI involving property damage is a misdemeanor in the first degree explained Musca.  Even a first time DUI where the driver has a blood alcohol concentration above 0.15% can result in a sentence of up to 9 months in jail, a fine ranging from $1000-2000 and a license revocation of 180 days to one-year.

Reports indicated that McCabe exhibited signs of being under the influence of alcohol.  According to the police report, McCabe exhibited signs of being under the influence of alcohol including red and watery eyes, walking unsteadily and breath that smelled of alcohol.  Deputies also indicated that McCabe refused to perform the walk and turn field sobriety test.  While McCabe complied with the request to stand on one leg and touch his finger to his nose, he failed these field sobriety tests according to the report. 

Musca pointed out that a study by the National Highway Traffic Association (NHTA) conducted in 1977 to standardize and validate field sobriety tests approved only three field sobriety tests for use including (1) the one leg stand; (2) the walk & turn; (3) the horizontal gaze nystagmus.  There is very precise methodology and exacting standards on how these field sobriety tests are performed.  A qualified DUI lawyer may challenge whether these exacting standards were met.

I

Continue reading "Tampa DUI Attorney Musca Comments; Son of State Attorney Arrested for DUI " »

Nicole Scholl of the Tampa area (Palm Harbor) was taken into custody as a result of her involvement in a single car accident in which her passenger Anthony Campaign was killed.  Authorities have alleged that Scholl was driving under the influence of alcohol when she lost control of her 1996 Plymouth van.  Scholl was driving the van in the early morning hours on a frontage road, which runs along U.S. 19.  Campaign had his body hanging out the window at the time of the accident because he was sick.  Police say Nicole collided with a utility pole ejecting Campaign from the vehicle.  Campaign was killed instantly according to authorities.

Clearwater police arrested Scholl who they said exhibited signs of being under the influence of alcohol including alcohol on her breath, slurred speech and bloodshot and glassy eyes.  The police did not indicate whether a breath or blood test was administered.  However, Tampa DUI lawyer John Musca indicated that under Florida's implied consent law a driver who is arrested for DUI but will not consent to a breath or blood test faces serious consequences including a mandatory one year license suspension.  "Where someone has been seriously injured or killed, an officer can actually use reasonable force to compel a driver to submit to a blood test under Florida DUI law," explained Musca.

Official records show that Scholl was arrested just a month before the accident and charged with possession of marijuana and Vicodin.  Scholl was also arrested for DUI last year but those charges were dismissed.  Scholl faces a potential sentence of 15 years in prison on the DUI manslaughter charge and a maximum of 15 years in prison on the drug charge.

The police report also indicated that Scholl demonstrated signs of being intoxicated at the hospital.  The report also stated that Scholl repeatedly told the arresting officer she was drinking at a bar before the accident.  Musca explained that Scholl could still be convicted even without breath or blood test results.  "The prosecutor will seek to introduce evidence that Scholl was impaired in terms of physical signs, admissions and the any results of field sobriety tests," said Musca.   A person who is charged with DUI manslaughter faces very serious consequences and should consult with a Florida DUI lawyer as soon as possible.

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.  A Tampa DUI 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 at Musca Law for a free, comprehensive review.

Andrew Hall who lost his leg in a DUI accident is scheduled to appear on the syndicated talk show "The Doctors" to advocate for harsher sentences for drunk drivers.  "Mainly, I did this show for every mother and father and brother and sister who has ever lost somebody to a drunk driver, not so much to numb their pain, but to show there's hope for those who make it," said Hall.  

The vehicle of Joshua West struck Hall while he was standing outside his Safety Harbor apartment in the Tampa area.  West entered a guilty plea to driving under the influence and leaving the scene of an accident involving injury and was sentenced to 8 years in prison.

Hall was 19 when he was hit by a Honda Accord, which ripped off his leg, shattered his pelvis, tore the tendons in his right knee and broke his arm in six places.  Hall's long arduous recovery included a seven-month hospitalization stay.  Hall is currently receiving physical therapy as he awaits a prosthetic leg. 

West was at the Clearwater Marine Aquarium with Montel Williams, who is a contributor to The Doctors.  Hall and Williams were at the Aquarium to spend time with Winter, a dolphin fitted with prosthesis after losing her tail as a baby.  Williams expressed his admiration for Hall's perseverance.  "I set out to interview Andrew in Florida hoping to inspire a young man to not give up and reach for his hopes and dreams," said Williams.  "Consequently, I came away from the experience being inspired by Andrew, and I believe his story will have the same impact on the viewers who see this show."

A person who faces a DUI conviction where someone has been seriously injured faces very serious consequences explained Tampa DUI attorney John Musca.  "A DUI conviction is always a serious matter, but where someone suffers serious injury or death, a defendant may face significant time in state prison," said Musca.

For further informaion about Tampa DUI 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.

A sheriff's cruiser was involved in a collision near the Citrus Park Mall when it was hit on the driver's side in an intersection resulting in serious injuries to the deputy.  Deputy Lisha Gogolin was taken to the hospital with injuries that were not life-threatening.  Gogolin is a 10-year veteran of Hillsborough County Sheriff's Office.  She was on a routine patrol when the accident occurred.  The driver of the Corolla Foust Delandier and two passengers Nichole Byrne and Daniel Byrne were taken to the hospital.  Daniel Byrne suffered life-threatening injuries, as he was not wearing a seatbelt.

Reports indicate that a Toyota Corolla driven by Delandier stopped at a red light but suddenly raced into the intersection against the light colliding with the police cruiser on the driver's side of the vehicle.  The investigation into the accident is ongoing and no information has been released at this time regarding whether he was driving under the influence of alcohol.  Presumably, Tampa authorities will provide information concerning whether blood tests were conducted and whether there was any evidence the driver who crashed into the squad car was under the influence of alcohol.

While the details of the accident are still unclear, Delandier could face very serious charges if alcohol played a role in the accident.  A person who is convicted of DUI and is involved in an accident where others are injured can face up to 3 years in state prison and an additional year for each person injured up to a maximum of 3 additional years, said Tampa DUI lawyer John Musca.  Further, a driver who is found to have been under the influence of alcohol resulting in the other driver's death can face DUI manslaughter charges.  Any driver involved in an accident where someone is seriously injured or even killed needs to seek immediate legal advice.  The driver should invoke their right to remain silent and immediately consult with a qualified DUI lawyer.

If you have been arrested or are facing DUI charges, you face a number of important decisions.  The most critical one is choosing who will represent you in legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But, with high quality representation on your side, it is possible to put these changes behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Tampa DUI Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translation services.

A recent Tampa area DUI case underlines the unforeseen consequences that can accompany a DUI arrest.  A Tampa woman was recently arrested when she drove an 11-year-old child to school.  The woman collided with another car then a fence.  The woman's daughter was a passenger in the driver seat of the vehicle when the accident occurred.  The child was not hurt, but her mother was arrested for DUI under Florida state law. 

The woman presumably panicked and tried to flee the scene, according to police.  She jumped the curb and crashed into the school's fence as she tried to leave the scene.  Police say the woman then attempted to flee on foot and threw her keys into the grass, but the keys were retrieved by the officers.  When apprehended by police, she nodded off several times, and her speech was slurred.  She also tried to lean against her Jeep but instead fell into the grass where she urinated on herself.  The woman failed field sobriety tests and officers concluded she was driving under the influence of a controlled substance.

"The woman faces more than just DUI charges," said Tampa DUI lawyer John Musca.  "She also faces additional charges that most people never consider when driving while under the influence of drugs or alcohol, including leaving the scene of an accident, DUI with property damage and child endangerment." 

When a DUI is committed and a minor child is a passenger in the vehicle on a 1st offense, the maximum sentence increases from six months to nine months.  If a minor child was a passenger, the maximum fine also doubles from $500 to $1000.  "Many people do not realize that the sentences for DUI are more severe, including additional jail time if a child is a passenger when someone is arrested for DUI," explained Musca.

Musca Law provides the highest quality criminal litigation services to the residents of Tampa and the surrounding areas.  Our Tampa criminal defense attorneys have successfully tried, defend, and appealed hundreds of 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.

Dane Sardinha, a Philadelphia Phillies non-roster invitee catcher, was arrested for DUI in the Tampa suburb of Clearwater Florida.  Sardinha had seen limited playing time in his prior stints with Reds and Tigers in the past.  He signed a minor league contract with the Phillies this year. 

Sardinha's DUI arrest may make it difficult for him to make his way back to the major leagues.  The Phillies organization has not commented except to say they are aware of the arrest.  Sardinha did participate in the Phillies spring training practice in Florida after being charged for DUI an hour after his release from jail.  If Sardinha is convicted under Florida DUI law, he faces penalties from the league in addition to sentencing for the Florida DUI conviction.

In another case, a man was pulled over after an officer observed him swerving while driving down the road.  When the officer asked the man to perform field sobriety tests, the man simply handed his keys to the officer and said, "I'm done."  The driver was also asked to take a breathalyzer test but refused to comply.  The man allegedly admitted to drinking a six pack before getting in his vehicle.  The officer said that the man asked the officer what his favorite drink was several times on the way to the jail.  The man also allegedly asked the officer to turn on the blue police lights on the way to jail.

In the from bad to worse department, a woman was arrested for DUI when she showed up at jail and demanded a conjugal visit while under the influence of alcohol.  Denise Rutledge had a visitation appointment with an inmate at the jail but the visit was cancelled when Rutledge showed up late for the visit.  When Rutledge drove away from the jail, guards called sheriff's deputies because they believed the woman had been drinking.

Deputies found Rutledge sitting in her car by the side of the road.  Officers say Rutledge failed a field sobriety test and that her blood alcohol content was measured at 0.26 about three times the level at which someone is presumed impaired under Florida DUI law.  Rutledge was eventually charged with DUI and released after posting $500 bail.

"These are examples of ordinary people making bad decisions.  Unfortunately, the lives of these people can be radically altered if they are convicted of DUI, " said Tampa DUI attorney John Musca.  "Hopefully, they will get good Tampa DUI attorneys who can help them through the process and to the degree possible mitigate the impact of their poor decisions."

If you have been arrested and charged with a DUI in Tampa, contact an experienced Tampa DUI Lawyer, for help with your case.  The Tampa DUI attorneys at Musca Law have over 100 years of combined experience.  Musca law's team of criminal defense attorneys represents their clients with the most aggressive representation available.  Contact Tampa DUI attorneys at Musca Law for a free comprehensive consultation today.

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.