Tampa DUI Lawyer Blog

Florida has some of the toughest DUI laws in the country. Starting October 1, 2008, Florida DUI penalties were enhanced.  The principal change being an increase in the fine of $250 for a first DUI, to $500. Under the DUI enhancements, persons convicted of DUI with a breath test result of over .15 will be forced to install an interlock device on their vehicle, as well as being subjected to increased fines, increased public service hours, and potential advanced DUI School. 

The best way to combat serious drunk driving charges is to speak with an experienced Tampa DUI defense attorney.  Attorneys at Musca Law know the local courts and will challenge every aspect of a DUI arrest to develop an effective defense strategy.

Recently, we were retained by a client who was stopped for speeding and drifting between lanes. The arresting officer observed signs of intoxication, noticing a strong odor of alcohol, bloodshot eyes and a stagger in our client's walk.  Our client refused sobriety testing and was placed under arrest for DUI.

After intense negotiations with the State Prosecutor assigned to his case, the State agreed to dismiss the DUI charge and our client plead to a lesser charge. Once again, we were able to help one of our clients avoid the serious consequences of a DUI conviction. If you are looking for an experienced Tampa DUI lawyer, contact Musca Law.

Depending on the state, legislators are often exempt from arrest on their way to the capitol for official state business. The idea behind these laws is simple: to protect the nature of the democratic process. If legislators are arrested on their way to the ca  pitol for an important or controversial vote, that police power could be abused. In light of this fact, a number of states have legislation at least partially exempting legislators from arrest in these circumstances.

Driving under the influence, however, is not generally perceived to be the type of crime these statutes for which these statutes are intended to apply. They are enacted to prevent arbitrary arrest, especially for political reasons. For example, if a governor from one party was angered over an upcoming legislative vote in which the opposing party was expected to prevail on a contentious point, he could dispatch the state troopers to arrest prominent members of the party while they were en route to the capitol.

In Colorado, legislators have apparently given themselves special leeway when it comes to driving under the influence. The Denver Police Manual outlines specific procedures for dealing with legislators who are on the way to the capitol: they should be arrested only for felonies or committing treason. However, if they are stopped for driving under the influence, the procedure is outlined specifically:

In the absence of felony violations, should an officer have reason to believe a legislator is driving under the influence, the officer may cite for a violation which caused an accident or was the reason for a traffic stop. For the safety and welfare of the public and the legislator, the officer will arrange for other transportation for the legislator and his/her vehicle will be parked and locked.

Some commentators have complained on the basis that the law gives legislators preferential treatment.

If you have been arrested for DUI, contact the Tampa DUI attorneys at Musca Law. 

   

Some states have seriously considered enacting legislation to deal with the concept of intoxication by marijuana. Specifically, there has been a concerted effort to make marijuana part of the DUI scheme. Although in theory, the state can convict any driver of DUI so long as he or she is actually impaired by a controlled substance, there are serious problems with attributing marijuana to the intoxication and there has been significant debate on this issue within the legislative and legal communities.

Recently, the Kentucky legislature considered this issue. Although there heated arguments from both sides on this issue, some true flaws were exposed during the process. First, there is no accurate way to examine the "intoxicating" effect of marijuana on a driver. This is true for all controlled substances. However, there is a key difference: whereas a jury might be permitted to conclude that a DUI charge when the driver had cocaine in his system stood up to some scrutiny, the period of time that traces of marijuana stay in a person's body is far longer than for any other drug.

Therefore, there is a real issue in determining whether or not the usage of marijuana has had an actual intoxicating effect on the driver. By some estimates, traces of THC, the compound that causes the marijuana "high," can be detected for as long as 30 days. Others estimate that the actual time period is significantly shorter, but the fact remains that THC lingers in the human body long after the user has ingested or smoked it, and far after the effect has worn off. For this reason, it is dangerous to assume that a person who tests positive for THC was actually impaired while driving without other evidence.

If you have been arrested for driving under the influence, call the DUI defense attorneys at Musca Law as soon as possible to begin preparing your best legal defense.

Driving under the influence of the prescription anti-anxiety drug Xanax and either alcohol, or marijuana, has increases substantially over the past decade. One Florida county found that 177 DUI suspects had Xanax in their system last year, as compared to 1998, when only four suspects were found to have the drug in their system. Officers in this county rank Xanax, cocaine, and marijuana as the most common drugs that suspects are found to be under the influence of during arrests.

Xanax, generally known as Alpraxolam, is prescribed to treat panic disorders. While this drug is not as strong as methadone, or even as popular as some painkillers, Xanax has the effect of intensifying intoxication from alcohol. The combination of Xanax and alcohol may be as potent as three or more drinks. The pill can create a euphoric feeling within users, making it popular with people looking for a quick high. Last year 37.5 million prescriptions of Xanax were written. Xanax is easily available illegally and can be purchased for people with prescriptions, or from less reputable websites.

Attorneys at Musca Law are experienced in defending people arrested for Xanax DUI. Recently a young woman retained our services as she faced serious consequences of a Xanax DUI arrest. Her vehicle was stopped by the police for driving with no headlights on. The officer noticed her balance was poor and she almost fell over while getting out of her car. The young woman admitted to the officers that she had smoked marijuana two hours earlier and had taken Xanax without a prescription. The police placed our client under arrest and charged her with DUI, under Fla. Statute 316.193.

Our attorney's closely examined the details of our client's situation. Intense negotiations with the State Attorney regarding evidence in the case resulted in the DUI being dismissed. Our client plead to a reckless driving charge, adjudication withheld. This means our client did not have 4 points accessed to her license and is eligible to have her records sealed.

Musca Law attorneys caution that prescription drugs should only be used by people to whom they are prescribed. Furthermore, Xanax and other prescription drugs can be a very dangerous combination with alcohol, or marijuana. What might seem like one drink, may actually be equivalent to a couple or more when under the influence of a prescription drug like Xanax.

Matthew Loudner Tolentino, 23, was arrested before dawn after an alleged crime spree. According to Pasco County law enforcement officials, Tolentino attempted to burglarize a house in the early morning hours. Police, responding to the scene, tried to pull over Tolentino's black Camaro.

Tolentino then tried to strike a police officer with the Camaro, accelerating towards the officer when he was out of the patrol vehicle. The officer jumped out of the way to avoid being hit by the vehicle. Police chased the car through the town of Moon Lake. The driver evaded them "at a high rate of speed."

Eventually, the driver came to a stop at a dead-end. However, Tolentino was not planning to give up yet. He got out of the vehicle and ran from law enforcement, running into the woods behind the residential area where he ditched the Camaro. The Pasco County Sheriff's Office released dogs in the area to search from him, which they did successfully. Tolentino was arrested and taken into custody shortly after his escape into the wooded area.

Tolentino has been charged with a laundry list of crimes as a result of the early morning incident. He was charged by Pasco County prosecutors with driving under the influence (DUI/DWI), reckless driving, and possession of marijuana. He received other traffic citations, as well. It was not clear whether Tolentino would face any additional charges following a comprehensive investigation.

A judge has set bail in his case. Tolentino remains behind bars, however, in lieu of the bond, which is in excess of $120,000. He is being housed at the Land O' Lakes facility.

Tolentino is from Port Richey, or at least, he is a former resident. According to the police report, he told police officers that he is currently homeless. 

An example of a high speed chase:

A judge has denied bail to a man accused of causing a string of drunk driving accidents, resulting in the deaths of two Tampa women. Hillsborough County Circuit Judge Walter Heinrich agreed with prosecutors, who asserted that the judge should not permit Randy Archiquette, 39, to potentially go free on a $75,000 bail. Archiquette resides in Riverview.

According to Tampa police, Archiquette was driving while intoxicated on Monday afternoon and was responsible for three separate accidents within a half hour period of time. While driving his sport utility vehicle, Archiquette allegedly drove into the back of a tractor trailer. Two witnesses called 911 to report the accident, one of whom told operators that Archiquette turned around after the accident and began heading in the opposite direction.

Four minutes later, 911 operators received a phone call regarding the same vehicle. This time, the driver of the SUV sideswiped another car. The caller gave police a clear description of the vehicle, along with the license plate number.

A few minutes later, another witness called police, with more chilling news. The SUV hit another car from behind, driving it into a utility pole. Then, the SUV drove into oncoming traffic, causing a head-on collision with a different vehicle. The drivers of both vehicles died as a result of the accidents. Betty Williams, 69, and Brittany McFarland, 20, respectively, were killed.

Now, Archiquette has been charged with DUI Manslaughter, Vehicular Homicide, and leaving the scene of an accident involving death or serious bodily injury. His criminal defense attorney argued that he was a reliable citizen and could be monitored if released on bail, but the judge disagreed due to the threat Archiquette poses to the community. A police detective also stated that Archiquette has insisted he was not at fault in the accident that killed the two women, insisting it was "anyone's [fault] but mine."

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The driver who allegedly caused the accident that killed Nick Adenhart, 22, is expected to be arranged in an Orange County, California courtroom on Monday. Adenhart was the rookie pitcher who opened the season for the Los Angeles Angels this week, pitching six scoreless innings against the Oakland A's. Andrew Thomas Gallo, also 22, has officially been charged in connection with the three-car accident in Fullerton, California, that took Adenhart's life just hours after the game. Two others in the vehicle Adenhart was traveling in, a man and a woman, died at the scene. Adenhart sustained lethal injuries in the accident, surviving only a few hours after the crash.

Gallo faces three murder charges for the deaths of Adenhart and his two companions. State attorneys have also filed a charge of vehicular manslaughter against Gallo. Additionally, because Gallo allegedly fled the area after the accident, running away on foot, he has be in charged with fleeing the scene of an accident. With a blood alcohol concentration of approximately three times the limit at which California presumes a driver is intoxicated, he will also be charged with driving under the influence causing injury, a charge that will be enhanced due to the extreme nature of the injuries. Another victim, Jon Wilhite, 24, remains hospitalized due to the crash. He is in critical condition. Altogether, the charges carry a maximum combined penalty of 55 years in prison.

The Salt Lake Bees, the minor league team Adenhart played for before earning a spot on the Angels' roster, postponed its season opener this week to allow the players some time to grieve for their former teammate. Adenhart was well-liked among his teammates and had spent a significant amount of time with the Bees, as he was drafted just out of high school. Bobby Mitchell, the manager of the Salt Lake Bees, said he was very upset by the news and that it was difficult to discuss it with the team. When commenting on Adenhart, he said, "He was a quiet guy, but very witty in what he said, and the players loved him."

Nick Adenhart, the 22-year-old rookie pitcher for the Los Angeles Angels, died of serious injuries after a three-car traffic accident at 12:23 a.m. on Thursday. He had just pitched six scoreless innings earlier that evening against the Oakland A's earlier in the night, earning praise from the Angels' manager just after the game.

Witnesses who saw the accident take place said a driver ran a red light, slamming into two other vehicles. One of those vehicles, a Mitsubishi, hit a utility pole. Two of the Mitsubishi's occupants were killed instantly. Adenhart was rushed to the hospital in critical condition and died from his injuries a few hours later. Adenhart's father, Jim, had flown to Anaheim to see his son pitch.

Meanwhile, the driver of the car that ran the red light fled the scene of the accident. He was later apprehended by police and placed under arrest. He is expected to face a felony driving under the influence charge, the equivalent of the Florida crime of DUI Manslaughter, as well as at least one charge from fleeing the scene of the accident. The driver was identified as Andrew Thomas Gallo, who is 22. The other car Gallo's vehicle hit sustained relatively minor damage.

The Angels' game for the following evening was postponed on account of the Adenhart's death and the Commissioner of Major League Baseball issued a statement on the matter, saying, "Nick was just 22 years of age, with a wonderful life and career ahead of him. On behalf of Major League Baseball, I extend my sincere sympathy to the families and friends of all three victims and to the entire Angels' organization. I send my deepest condolences to Nick's parents, Jim and Janet. The hearts of everyone in baseball are with them at this most difficult time."



If you have been charged with driving under the influence, DUI Manslaughter, or any other crime in the state of Florida, contact the DUI defense attorneys at Musca Law.

Our client was driving home from a friend's house when a police officer noticed his Ford Ranger seemed to be driving below the speed limit. The officer performed a radar check and our client was driving only 1 mile below the limit of 45mph. Regardless of the fact our client was driving within the speed limit, the officer decided to follow his pickup truck. The officer felt the driver almost ran through a light as is changed from yellow to red. When the vehicle proceeded to travel, the officer paced the pickup at 25 mph in a posted 35 mph zone. He felt the truck was drifting from side to side and based upon these facts decided to pull the driver over and conduct a traffic stop.

Upon making contact with the driver, the officer noticed the driver's eyes were bloodshot, his speech was slurred and his face was flushed. The officer asked the driver to submit to sobriety testing, which he did. The driver also submitted to a breath test, with results of .137 and .128. A search of the vehicle revealed a pouch containing marijuana. Our client was charged with Driving Under the Influence (Fla. Statute 316.193), Possession of Marijuana (Fla. Statute 893.13), and Possession of Paraphernalia (Fla. Statute 893.147).

Tampa DUI attorneys at Musca Law recognize that most police officers have been trained on recognizing driving patterns that indicate the relative probability of intoxication. This training is based upon research conducted by the federal National Highway Traffic Safety Administration

Continue reading "Florida's Leading DUI Defense Team Scores Again! No Conviction! No Suspension!" »

Criminal defense lawyers find that clients are often unsure of the precise rules that govern the attorney-client relationship, and specifically, the degree of privacy surrounding their communications. The conversations between lawyers and their clients are afforded a great deal of deference under the law.

Client confidentiality refers to the confidential nature of communications between you and your DUI defense attorney. When you meet with your lawyer in private - like in his office - he is ethically bound to keep confidential the information you disclose to him regarding your case and the legal representation he is providing. This extends to almost all matters, but there are some exceptions. If you disclose plans to commit a crime in the future, for example, the attorney can reveal your statement to police or other interested individuals to avoid having the planned criminal activity to fruition.

Attorney-client privilege refers to a lawyer giving testimony about his relationship with the client. In almost all circumstances, your attorney cannot testify to the information you told him as part of his legal representation. The privilege continues even after the representation is over. This means that if you are guilty of DUI manslaughter and you tell your criminal defense lawyer about the details of your drinking and driving, he cannot testify against you at your criminal trial - even if you fire him or he quits, and you retain a different lawyer.

There are two important instances in which an attorney may reveal information related to his client. The first is when a client claims that the attorney committed malpractice in the course of the representation. For instance, if the client claims the attorney gave him extremely faulty legal advice, the attorney may testify to the advice he gave - even if it means he would have to disclose some details of their private conversations. Similarly, the attorney can disclose some information in the event of a financial dispute, but only so much as is necessary to resolve the problem. Such information could include the signing of a retainer agreement or the services for which legal advice and representation were to be rendered.

If you have been arrested for drunk driving or any DUI crime in Florida, contact the Tampa DUI defense lawyers as soon as possible to discuss your case.

A law enforcement officer was sitting in his patrol car at the intersection of Upton Street and Woodbine Street at about 1:00 in the morning on Friday. He heard screeching tires and saw a car attempting to turn southeast onto Upton Street. The driver lost control of the vehicle, swerving into the patrol car as the deputy watched the vehicle in his rearview mirror.

The deputy was uninjured in the accident and got out of the vehicle to evaluate the condition of the other driver. Cory Mixon, 25, was operating the vehicle that hit the patrol car. The police report stated that the deputy found Mixon in an "extremely impaired" state and noted that the officer could detect the odor of alcohol on him. He detained Mixon while waiting for backup officers.

Law enforcement officers found that Mixon had an arrest warrant out. They placed him under arrest for that warrant, which was issued due to a previous charge of felony driving with a suspended license with knowledge of the suspension. Driving with a suspended license is an enhanceable offense, like driving under the influence. After two convictions for driving on a suspended license, each additional charge becomes a felony under Florida law.

As the officers were evaluating Mixon's condition to determine if the accident was caused by DUI, he reportedly began hitting his head against a window on the vehicle. As a result, officers wrapped up the investigation and took Mixon to jail to avoid further harm to the defendant or to law enforcement vehicles.

Ultimately, Mixon faced multiple charges, including felony driving with a suspended license with knowledge, refusing to submit to a breath alcohol test (breathalyzer), and felony driving under the influence. As an enhanceable offense, DUI is only charged as a felony when it is the third offense within a 10 year period or when it is the fourth or higher DUI charge in a person's lifetime.

An unforeseen criminal matter came about for a woman making a late night stop at a Taco Bell drive-thru. She pulled up to the window too quickly and accidently bumped into the car in front of her. Although there were no injuries or visible damage to either vehicle, the police were called. The police conducted a traffic investigation and noticed the smell of alcohol on the driver. They felt she was intoxicated and asked her to perform field sobriety tests. She refused to take a breath test. Police concluded from the sobriety testing that she was intoxicated and placed her under arrest for Driving Under the Influence (DUI) with property damage, Careless Driving, and Refusal to Submit to a Breath Test.

In the State of Florida, driving under the influence is a criminal offense. Because of an increased public intolerance of drinking and driving, the penalties for a conviction have become increasingly more severe. The Tampa DUI defense attorneys at Musca Law have the legal expertise to challenge the State's evidence of intoxication and create a strong defense against a Florida DUI charge. We review every aspect of our client's case and conduct a complete investigation of the surrounding facts.

The driver accused of DUI at the drive-thru relied on the experienced attorneys at Musca Law for representation. Our attorneys aggressively challenged the evidence against our client. Through successfully negotiations with the State Attorney, the charge of DUI was reduced to a Reckless Driving charge. The State dismissed the charges of Careless Driving and Refusal to Submit!