Tampa DUI Lawyer Blog

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.