Tampa DUI Lawyer Blog

Attorney Musca Discusses Tampa Man Held without Bond for DUI Manslaughter

2009-11-24T22:59:09Z

A Tampa man arrested seven months ago attended another bond hearing this week for his release prior to trial. Judge Thomas Barber ordered that the defendant, Randy Archiquette, continue to remain in jail and denied him bond once again. Archiquette is in jail for 2 separate counts of Tampa DUI manslaughter and 2 separate counts of vehicular manslaughter.

Authorities accuse the defendant of causing four separate vehicle crashes, two of them deadly, within seconds of each other. Police were called after Archiquette's Chevrolet Yukon hit the back end of a tractor trailer and then fled the scene. Another call came into police about the same Yukon smashing into a Crown Victoria town car. The driver of the SUV fled and struck the rear of a Geo causing it to smash into a light pole and then hit a Buick head on at 70 mph. The drivers of the Geo and Buick died instantly.

Florida law considers the crime of DUI manslaughter as the death of any human being, born or unborn, as the result of driving under the influence of alcohol or drugs. This crime is considered a second degree felony and punishable by up to 15 years in prison.

]]> Florida law defines the crime of vehicular manslaughter as the death of another human being through the reckless driving of another that would likely cause death. Each count is also considered a second degree felony and is punishable by up to 15 years in prison. Archiquette faces a maximum consecutive sentence of 60 years behind bars if he is convicted on all of the charges.

If you or a loved one has been charged with DUI or other alcohol related crime, contact an experienced Tampa DUI attorney to work for you. The details surrounding your case may be complex, but only a knowledgeable Tampa drunk driving defense lawyer can ease the stress of facing these serious criminal charges. Contact the Tampa DUI lawyers at Musca Law today for a free, comprehensive initial consultation.

Attorney Musca Discusses DUI Crash with Police

2009-11-19T21:12:47Z

A suspected drunk driver collided with a St. Petersburg police officer this week. The officer, Gregory Shone, came into to help another officer with stopping a Nissan Maxima on the corner of 20 Avenue South and MLK Street. Officer shone had his lights and sirens initiated when the driver, 39-year old Lura Goldsmith, failed to slow and hit the cruiser.

Two passengers, 39-year old female and 5-year old child were also in Goldsmith's vehicle at the time of the crash. The officer, passengers and driver were all transported to Bayfront Medical Center for the treatment of nonlife threatening injuries. Deputies with the St. Petersburg Police later arrested Goldsmith on Tampa criminal charges of Tampa DUI and driving with a suspended license. The defendant has been released from the Pinellas County Jail on $750 bail.

]]> If you or a loved one has been accused of a DUI, DUI with property damage and injuries or other alcohol related offense, contact an experienced Tampa drunk driving defense attorney for help with your case. The attorneys at Musca Law have over 100 years of combined legal experience with proven successful case results. We have two convenient Tampa DUI defense offices to serve you. Contact the Tampa DUI lawyers at Musca Law for a free, comprehensive review of your case. You are considered innocent until proven guilty in a Court of law.

Woman Arrested for DUI, Three Times Legal Limit with Children in Car

2009-11-12T23:22:41Z

A woman in Land O' Lakes has been arrested on charges of Tampa DUI with her children in her vehicle, aggravated child neglect, driving without a valid driver's license and not possessing a vehicle registration. Officers stopped the defendant, 30-year old Genoveva Amacenda-Velona, for a headlight infraction. During the stop, the police witnessed a half of bottle of opened Cuervo brand tequila in plain sight and lime wedges on the dash.

Amancenda-Velona's two children, ages 7 and 9, were buckled into the passenger seats. The suspect failed roadside sobriety testing and submitted a breathalyzer test. Amancenda-Velona possessed a blood alcohol content of 0.233 and 0.235. This level is almost three times the Florida legal limit for alcohol consumption which is 0.08.

]]> The defendant did not speak English, but told the police with the use of a translator that she consumed three to four beers at a friend's home prior to getting behind the wheel. Officers brought Amancenda-Velona to the Land O' Lakes Jail where she is awaiting trial without bond. No information has been released as far as the custody of the children.

If you or someone you know has been charged with a Tampa DUI or other alcohol related crash, contact a Tampa defense lawyer to work for you. The DUI defense attorneys at Musca Law have over 100 years of combined experience with two Tampa criminal defense offices to serve you. You are considered innocent until proven guilty in a Court of law.

Tampa Buccaneers Football Player Released After DUI Arrest

2009-11-05T16:46:46Z

Marcus Johnson an offensive lineman with the Buccaneers, a Tampa Bay football team was arrested for driving under the influence of alcohol.

After a police lieutenant found Johnson sleeping in a 2010 Impala close to the Bucs' stadium, an immediate arrest was made. Johnsons' breath smelled like alcohol according to a DUI investigator who responded to the scene. It was also noted by police that Johnson had glassy eyes and swayed when standing up unsupported. Johnson was arrested and released on bail.

Tampa Bay Buccaneer officials stated that Johnson has been released from the team.

Research has shown that every police report generated after a DUI arrest indicates that there was "a strong odor of alcohol and that the suspect had glassy eyes." A good criminal defense attorney would point out that an officer would not know what the suspect's eyes would be like normally, or how they would speak with or without alcohol.

The police lieutenant stated that he woke the 27-year-old football player, as the lieutenant found him sleeping in his car. Johnson was noted as swaying when standing up. What has failed to be mentioned is that there are numerous reasons as to why someone would sway upon standing up after a deep sleep. Grogginess and disorientation are more common on awakening than one would realize. Diminished memory, counting skills and cognitive abilities during the groggy period upon awakening are common symptoms with sleep inertia. A police officer would not know the sleeping habits of the subject.

If you or someone that you know has been charged with a crime, you no longer have to worry about finding an aggressive DUI attorney. Do not allow a DUI arrest to destroy your life. Act immediately. Although, DUI, results in a large spectrum if implications in the State of Florida, Attorneys at Musca Law fight hard and are victorious in defense of their clients. For further information about DUI Attorney John Musca visit www.muscalaw.com, where you can review the firm's current case list and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

Attorney Musca Discusses Popular Tampa DUI Locations

2009-11-02T21:26:41Z

This past spring two women were killed when a drunk driver caused a three car accident during rush hour traffic. However, the Hillsborough County Sheriff's Department has reported that most alcohol related crashes occur after the bars close, which is between 2 a.m. and 4 a.m. Hillsborough County leads the State of Florida for DUI arrests, around 6,000 arrests annually.

Investigators have discovered that the majority of alcohol related accidents occur during the weekend nights, Thursdays through early Sunday morning. Crashes occur most often on the following Tampa roadways:

1. Dale Mabry Highway

2. Adamo Drive

3. Bell Shoals and Lumsden

4. Martin Luther King Junior

5. Intersection of Fletcher and Nebraska

The Hillsborough County Sheriff's Office considers the prime DUI location in Hyde Park and all of the area bridges are also heavily monitored for DUI activity.

Florida Law considers the crime of DUI a misdemeanor offense, but a conviction can result in serious criminal implications. Offenders can expect a maximum sentence of 6 months behind bars, up to 1 year of probation, fines and additional court costs. Convicted drunk drivers may also lose their driving privileges and ordered to participate in alcohol related counseling and testing.

]]> If you or a loved one has been arrested for DUI or other alcohol related offense, contact an experienced Tampa drunk driving defense lawyer for assistance with your case. Musca Law is proud to offer the most trusted DUI defense team with over 100 years of combined legal experience and two convenient offices to serve you.

Hernando County Man Accused of DUI on Bicycle

2009-10-20T20:32:32Z

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.

]]> The rider failed field sobriety testing and agreed to submit to a breathalyzer test. The driver possessed a blood alcohol content of .234; this is almost three times the Florida legal limit of .08. Officers arrested the driver and charged him with DUI and additional bicycle traffic infractions.

Pursuant to Florida Statute 316.193, an individual may be convicted of driving under the influence if they are operating a vehicle with a blood alcohol level of .08 or above. Florida law does not discriminate between what constitutes a vehicle, whether it is operated by an engine or man power.

If you or a loved one has been arrested on charges of DUI, contact a reputable defense attorney for help with your case. The attorneys at Musca Law have over 100 years of combined legal experience with proven successful results. Contact Musca Law for a free comprehensive review of your case.

Tampa Attorney Arrested for DUI & Drug Possession in Apollo Beach

2009-10-07T14:59:41Z

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.

]]> The attorney has since been released from the Hillsborough County Jail on $2500 bond and is awaiting trial. He claims that he only had one glass of wine, possessed a prescription for the Viagra medication and only traveled five miles over the speed limit, contrary to published reports.
If you or a loved one has been charged with an alcohol related crime, contact an experienced attorney to represent you. The attorneys of Musca Law have over 100 years of combined legal experience with proven, successful results. Do not trust your future to a less knowledgeable firm. Contact Musca Law today for a free, comprehensive review of your case.

Convicted DUI Manslaughter Offender Appeals 13-Year Prison Sentence

2009-10-05T01:46:51Z

The woman convicted of DUI manslaughter has filed a motion for a sentence reduction. I previously reported that the State convicted the defendant, Barbara Diffendal, of DUI manslaughter resulting in the fatal accident that killed 34-year old Jeanine Bethoney. The victim was not wearing a seatbelt at the time of the collision. This crash occurred on U.S 19 in Spring Hill.
Diffendal reportedly fled the scene on foot with her unharmed 4-year old daughter in her arms. Tests for intoxication revealed the defendant to be under the influence. However, breath tests concluded a blood alcohol level of .05, which is well below the Florida legal limit for alcohol consumption of .08.
]]> The crime of DUI manslaughter has more victims than the deceased. Children of offenders lose their parents and spouse's lose their providers. If you or a loved one is facing an alcohol related crime, do not hesitate to retain aggressive legal representation. Musca Law has over 100 years of combined legal experience and has handled countless alcohol related cases. Do not allow a criminal conviction to impact you and your family. Contact the attorneys at Musca Law for a free, comprehensive review of your case and solid legal guidance.

DUI Suspect Arrested after Hitting Pedestrian 5 Months Ago

2009-09-27T19:10:40Z

After five months, the suspect involved in allegedly hitting a 20 year old pedestrian with his vehicle is behind bars. The defendant, 24-year old Joshua Dean West, is accused of driving under the influence and crashing into a bystander on April 20, 2009. West attempted to flee the scene and crashed into two telephone poles before his car came to a stop. The defendant fled on foot, only to be found by a police tracking dog.

The injured victim, 20-year old Andrew Scott Hall, has been at the Bayfront Medical Center since the April crash. The accident left Hall with a crushed pelvis and severed leg. Hall has been forced to undergo several reconstructive surgeries in an effort to heal his injuries. He still is unable to walk and has his elbow held at a 90 degree angle. Hall may be able to leave the hospital in at least 3 weeks.

]]> Officers arrested the defendant on charges of DUI causing serious bodily injury and leaving the scene of a crash with bodily injury. West has been held since June at the Putnam Correctional Institute on unrelated violation of probation charges. He has been moved to the Pinellas County Jail where he has been charged with the two crimes related to DUI.

If you or a loved one has been charged with DUI or other alcohol related offense, contact me for a free consultation. I understand that sometimes poor choices can lead to disastrous results. My firm has over 100 years of combined legal experience with proven successful results. Contact the attorneys at Musca Law today.

Daycare Owner Fails to Appear on DUI Charges

2009-09-22T12:37:30Z

A Tampa day care operator is facing additional criminal charges for failing to appear in Court on charges of DUI. Officers arrested the defendant, 48-year old Dorothy Ann Sampson-Monroe, on June 10 for alleged drunk driving. On June 17, officers arrested Sampson-Monroe again on unrelated child abuse charges on children ages 3-5 stemming from her daycare.

In late June, a Tampa judge signed a temporary injunction to keep Sampson-Monroe away from children. She has had a lengthy criminal past and has been arrested over a dozen times. She also served two years in prison for drug charges.

The Department of Children and Families normally does not allow convicted felons to receive a daycare license. However, the defendant proved to the agency that she turned her life around. Sampson-Monroe faces serious criminal charges for her crimes. She has not yet posted the $10,000 bond and is currently awaiting her trial inside the Orient Road Jail.

A first time suspected drunk driving offender could receive a maximum sentence of six months in jail, loss of driving privileges, supervised probation, mandatory substance abuse counseling and/or classes and heavy court costs. This is in addition to the strain on personal finances and employment caused by dealing with the Court system.

]]> I understand that facing a driving under the influence charge is a difficult experience. The firm of Musca Law is dedicated to serving suspected Florida drunk drivers. My firm has over 100 years of combined legal experience and has handled countless Tampa DUI cases with proven successful case results. If you or a loved one has been charged with DUI, contact the attorneys at Musca Law for a free comprehensive review of the charges against you.

Man Charged with DUI Death of Teen

2009-09-22T02:52:35Z

A man has been charged in the vehicular death of a Brooksville teen. The Hernando County defendant, 38-year old William Curt Brooks, drove his 2007 Mitsubishi westbound on Hexam Road when he crossed over the median into eastbound traffic. He hit a 1992 Nissan Maxima head on. Emergency medics transported the seriously injured victim, 16-year old Jenna Marie Moran, to St. Joseph's hospital. Moran died the following day from her injuries.

Officers have arrested and charged Brooks with DUI manslaughter for the untimely death of the Central High School teen. He remains inside the Hernando County Jail without bond. The State of Florida considers the crime of DUI manslaughter a second degree felony. Brooks faces a maximum sentence of fifteen years behind bars if he is convicted on all charges.

]]> Far too often poor decisions can lead to tragic consequences. If you or a loved one has been charged with an alcohol related crime, contact an experienced Tampa DUI attorney for help with your case. The lawyers at Musca Law have over 100 years of combined experience with proven successful case results.

You only get one day in Court. Do not trust your freedom with a less competent attorney. Our firm has convenient locations across the State of Florida and whose attorneys will diligently work for you. Do not let the charges determine the outcome of your case. Remember that you are considered innocent until proven guilty in a Court of law.

St. Pete Driver Injures Officer and Two Paramedics while Driving Drunk

2009-09-15T02:54:54Z

A driver has been arrested on multiple alcohol related charges after injuring a police officer and two paramedics assisting with a traffic accident. The driver, 21-year old Kevin Chaney, lost control of his vehicle on U.S. 19 and collided with a deputy cruiser. The cruiser then slammed into the officer, John Coleman, who was working on a traffic investigation.

The impact of the vehicle into the officer caused him to roll over the hood of his vehicle and then jump a guardrail. Two paramedics were forced to abandon the victims of the initial accident to also jump over the guardrail and avoid being hit.

Chaney possessed a blood alcohol content of .219. This is almost three times the Florida legal limit for alcohol consumption of .08. The Pinellas Park Police charged the defendant with DUI, Driving while License is Suspended or Revoked, Reckless Driving and Leaving the Scene of a Crash with injuries. Chaney has not posted the $6250 bail and is currently awaiting trial inside the Pinellas County Jail.

]]> Often times a poor decision can result in serious criminal consequences. If you or a loved one has been charged with the crime of drinking and driving, contact a reputable Tampa DUI lawyer for help with your case. Musca Law has two offices in Tampa to suit your needs and convenient offices across the State of Florida to better serve you.

Our attorneys' possess over 100 years of combined experience and has handled countless Tampa DUI cases with proven successful results. Do not trust your future to a firm with less experience. Contact a Tampa drunk driving defense attorney for a free comprehensive review of your case.

Two Spring Hill Bicyclists Charged with DUI

2009-09-09T04:58:52Z

Two bicyclists were charged with DUI within a span of three hours. A Spring Hill patrol officer noticed three cars ahead of him traveling at a very low rate of speed. The automobiles were trying to avoid a bicyclist, without lights or reflectors that had weaved into traffic.

The officer initiated a stop on the rider. The defendant, 46 year old Oswaldo Darila, failed field sobriety testing and was subsequently arrested. Darila is charged with DUI, refusing to submit to a breathalyzer test and refusal to sign a citation. This is the defendant's fifth arrest for driving under the influence and he was currently serving a sentence on inmate release for the latest DUI conviction.

Three hours later, another officer stopped a bicyclist traveling on Spring Hill Drive. The defendant, Robert Steudl, nearly fell off of the bike when he stopped pedaling. The officer noted that Steudl smelled strongly of alcohol and exhibited signs of impairment. The suspect admitted to police that he rode his bike home because he had too much to drink.

]]> Steudl possessed a blood alcohol content of .265 and .268. This is three times the Florida legal for alcohol consumption of .08. Officers arrested the suspect and charged him with DUI.

Pursuant to Florida law, bicycle riders must follow all traffic laws as an automobile driver. This includes refraining from driving under the influence of alcohol or drugs. If you have been charged with a Tampa DUI, contact a knowledgeable Tampa drunk driving defense attorney for a review of your case. Musca Law has handled countless alcohol related cases with proven successful results. You have one day in Court and you are innocent until proven guilty in a Court of Law.

Manatee County uses Controversial Intoxilyzer 8000 in DUI Checkpoints

2009-09-07T01:05:37Z

Manatee County Sheriff's Department plans on utilizing the controversial Intoxilyzer 8000 to help with DUI enforcement over the Labor Day weekend. With the help of Sarasota County, the Manatee County Sheriff's Department plans on increasing officer presence on the roadways and hosting DUI checkpoints. The breath test will not be the sole path to determining if a driver is under the influence. Deputies will also incorporate field sobriety tests and a combination of other reports to generate probable cause. Manatee County previously canceled a July scheduled DUI checkpoint after questions regarding the accuracy of the Intoxilyzer 8000 arose.

The Intoxilyzer 8000 has not been approved by the U.S. Department of Transportation, only the Florida Department of Law Enforcement. Florida law does not require the approval from the U.S. Government. However, judges have ruled that the inaccuracies of breath samples obtained through this machine are inadmissible in Court.

]]> Officers are also failing to disclose the controversy surrounding the breath test machine to suspected drunk drivers. A defendant may choose not to submit to a breath test out of fear that it would provide a false positive reading. This could result in unnecessary Refusal to Submit charges against the innocent.

I am a Tampa DUI attorney who has handled countless alcohol related cases. Musca Law Firm has over 100 years of combined legal experience with two convenient offices in Tampa and eight additional locations across the State of Florida. Facing a charge of DUI is emotionally trying enough without the fear that machine inaccuracy could create unjust evidence against you. Contact me for an in depth review of your case. Remember that you are considered innocent until proven guilty in a Court of law.

Attorney Musca Discusses DUI Arrest of Largo Police Officer

2009-09-04T13:00:46Z

A Largo Police Officer has been arrested and charged with DUI. Arresting officers found the defendant, 45-year old Darren G. Cockeram, passed out behind the wheel of his Dodge truck. A hit and run accident had earlier been reported matching the description of Cockeram's automobile. It was obvious that the truck had suffered body damage as the result of a crash. Largo Police suspect Cockeram's involvement.

Deputies on the scene located an unknown alcoholic substance and a glass of orange juice inside the truck. Officers stated that Cockeram had been so drunk that he fell off a guardrail in which he was sitting while awaiting on the investigation. Cockeram faces charges of driving under the influence. He has been released on $250 bond from the Pinellas County Jail. Florida Highway Patrol is investigating Cockeram's involvement with another hit and run on that evening, however, it occurred out of district. It is unknown what administrative action the Largo Police have taken pending the drunk driving investigation against the officer.

]]> Those employed by public service are held to higher regard in respecting our laws. However, mistakes happen and anyone can make them no matter your job description. If you have been charged with driving under the influence, contact an experienced Tampa DUI attorney to represent you. The State is diligently working to prosecute you to the fullest extent. You need someone on your side to challenge the charges and fight your fight.

Musca Law is a full service criminal law firm with over 100 years of combined legal experience. We have handled countless alcohol related cases with a proven successful track record. Contact a knowledgeable Tampa DUI lawyer to work for you.