Tampa DUI Lawyer Blog

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

 

 

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

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

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

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

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

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

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

 

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

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.

 

Continue reading "DUI Suspect Arrested after Hitting Pedestrian 5 Months Ago" »

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.

Continue reading "Man Charged with DUI Death of Teen" »

A Hernando County deputy stopped to assist a motorist in need during the early hours of the morning. The suspect, 24-year old Joshua Hope, acted suspiciously and the deputy called another traffic officer to assist. Hope submitted to field sobriety testing, but the officers did not feel he was impaired or driving under the influence.

Officers permitted Hope to contact a friend for a ride home. The friend had to travel an hour to pick up Hope. In the meantime, officers at the scene requested to search the vehicle. Hope denied access, but a drug dog alerted the officer to the scent of narcotics. Deputies found a safe in the floorboard of the vehicle containing 3 grams of meth and a .38 caliber revolver. Officers arrested and charged Hope with possession of methamphetamine, possession of a controlled substance and possession of drug paraphernalia.

 

Continue reading "Driver Suspected of DUI Charged with Meth and Firearm Possession" »

Hillsborough County has implemented a program for at risk teens for 14 years. Most recently the speaker, John Templeton, presented information to the troubled youths on his experience with a sentence of DUI manslaughter. He pled guilty and the Court sentenced him to serve a jail sentence for his crime.

Templeton spent the night in 2002 drinking in downtown Ybor City. He entered southbound interstate highway 275 going the opposite direction. He headed northbound colliding with another vehicle head on. The impact of the crash ejected the victim, 18-year old Julie Buckner, from the wreckage. Buckner died at the scene of the accident.

 

Continue reading "Tampa DUI Attorney discusses the Shock Program" »

Largo Police have arrested a woman in connection with a vehicular accident with a pedestrian. The driver, 47-year old Robin Mathis, struck a teenage bike rider with her vehicle on the corner of West Bay Drive and Clearwater-Largo Road. The driver did stop her car around 40 feet away from the wreck, but failed to offer any assistance to the victim. Paramedics transported the teen to Bayfront Medical Center for treatment of serious head injuries.

Largo Police reported that Mathis failed field sobriety testing and submitted to a blood alcohol sample. The blood alcohol content results are still pending. Mathis has been charged with a DUI causing serious bodily injury. The State of Florida considers this crime a third degree felony and punishable by up to 5 years in prison.

 

Continue reading "Driver Charged with Felony DUI with Bodily Injury after Hitting Teenage Bike Rider" »

Police pulled a driver over for excessive speeding. The driver, 33-year old Ronald Eaton, is accused of traveling 80 mph in a 40 mph zone and failure to maintain a single lane. The officer stated that the driver exhibited signs of intoxication and he further agreed to participate in field sobriety testing. The driver allegedly pleaded with the officer not to charge him with DUI because he "would go to prison."

Eaton also admitted to the officer that he had four beers earlier in the evening. He attempted the walk-and-turn test, performed poorly and had trouble following instructions. Eaton quit prior to completing the test and told the officer, "Just take me to jail. I am done". He submitted to further blood alcohol testing at the Hernando County Jail and blew a .209 breathalyzer test. This almost three times the Florida legal limit of .08. A records check revealed that this is the Defendant's third DUI arrest and he is currently being held on $5,500 bond.

Continue reading "Defendant Facing Felony Charges for Repeated DUI Arrests" »

A 2008 case has been resolved against a Spring Hill woman. Barbara Jean Diffendal, age 44, accepted a 13 year prison sentence for charges of DUI manslaughter and leaving the scene of a crash without rendering aid. Diffendal lost control of her vehicle on U.S. 19, crossed a median and hit another vehicle. Diffendal allegedly fled the scene on foot while carrying her uninjured 4-year old daughter.  Police caught up with Difendal and her daughter and they received medical attention. A blood test determined the Defendant was under the influence of alcohol at the time of the accident. The victim, 34-year old Jeanine Costello Bethoney, died from her injuries.

If convicted, Diffendal faced a maximum prison sentence of 30 years behind bars. Instead of trial, she chose to accept a plea deal and will serve a 13 year prison sentence. The prosecution stated that the victim's family agreed to lessen the defendant's punishment in an effort to avoid trial.

Continue reading "Spring Hill DUI Manslaughter Case Resolved" »

Largo, Florida. A man driving a Ford escort crashed into a Pinellas County Sheriff's cruiser. The accident occurred at 2:29 p.m., at the intersection of Walsingham and Vonn roads. The driver of the escort, 35-year old Steven Pate, was arrested on allegations of DUI, DUI with property damage, DUI bodily injury, habitual driving on a suspended or revoked license and refusal to submit to a breath test. Both Pate and the Sheriff, 32-year old Kelly Antolini, were taken to the hospital for the treatment of injuries resulting from the crash. Pate is still waiting on a hearing to set bond and remains in the Pinellas County Jail.

I do not represent Steven Pate, nor do I possess information that may jeopardize attorney/client privileges. I am a Tampa DUI Defense Lawyer whose firm has over 100 years of combined legal experience. The three DUI charges against the Defendant are considered separate and stem from this one accident. Mr. Pate's driver's license obviously was suspended at the time of the crash, resulting in the charge of habitual driving while on a suspended or revoked license. The Pinellas County Sheriff's Office police report states that the Defendant verbally refused to submit to a breathalyzer test after the crash; refusing a breathalyzer test is against the law in the State of Florida.

Continue reading "Driver Crashed into Sheriff; Arrested for DUI" »

The Florida Legislature takes drunk driving very seriously. Over the years, it has increased penalties for driving under the influence of alcohol or drugs (and made the definition of what constitutes the crime stricter. For a first-time DUI conviction, the defendant, if convicted, cannot be imprisoned for more than six months pursuant to the DUI statute (Florida Statute 316.193). If a motorist is convicted of DUI a second time, imprisonment cannot exceed nine months. Additionally, a driver who is convicted of two DUIs must have an ignition interlock device placed on his vehicle for at least one year after his driver's license is reinstated. This occurs on vehicles which the driver owns, even if jointly, leases, or regularly operates.

A third conviction within a ten year period is charged as a third-degree felony, which is punishable by up to five years in prison. If the third DUI conviction occurs outside of the ten year time frame, it is punishable by no more than 12 months in jail. The fourth conviction or beyond is a third-degree felony, which can result in a prison term of up to five years.

After a DUI arrest, the license of the driver is suspended, a decision which is appealable to the Florida Department of Highway Safety and Motor Vehicles within 10 days from the suspension. This is an administrative rather than a criminal matter. In order to retain or reinstate the license, the driver must request a formal administrative hearing.

The maximum jail and prison sentences are not typically imposed, but any person who has been arrested for driving under the influence - whether for a first-time or subsequent offense, even if the first offense occurred in a different area or another state - should seek the advice of an attorney. The experienced Tampa DUI lawyers at Musca Law have decades of experience defending drunk driving charges.

If a police officer has reason to believe that driver may be intoxicated, he will often administer a breath alcohol test on the spot, take the subject back to the police station for a breathalyzer test, or perhaps even both. In the event that the law enforcement official finds that the person has very little or even no alcohol in his system, he may require blood or urine samples.

Marijuana is probably the only illegal substance for which there is no relatively widespread consensus on impairment. Although it has been studied at length, experts differ in their opinions. Cannabis has effects on the body as well as the mind. During the high, the user may feel relaxed, paranoid, and enter an altered state of consciousness in which he expresses an increased appreciation for - or even fixation upon - colors and sounds, such as music. It can also cause a person's eyes to redden and the heart rate to increase. Perhaps most problematically, motor control can be impaired, as are reflexes and a person's ability to pay attention or focus. Still, many people argue that marijuana does not necessarily adversely affect a person's ability to drive a motor vehicle. At least one study has found that drivers who have used marijuana drive more cautiously, slower, and react less quickly than drivers who have not consumed marijuana.

Complicating matters further is the fact that traces of marijuana usage can stay in a person's urine for as long as a month after smoking or consuming the substance. Therefore, if a law enforcement agency tests a driver who is suspected of driving under the influence, it is complicated if marijuana traces are found in the suspect's urine - alone or in conjunction with alcohol or any other substance.

If you have been arrested for possession of marijuana or DUI/DWI, contact the Tampa DUI attorneys as soon as possible to discuss your case.

Travis Kelton Hill III, who is 20, was expected to go to trial for DUI Manslaughter next month, but a revised witness list has thrown a kink into those plans. Instead, his defense attorney has added an additional possible witness, a physician/toxicologist. The assistant state attorney will need to depose the new witness, which cannot occur until July 22 in Palm Beach County, due to the high caseload the office carries. The defense advised the court at a pretrial conference that they do not intend to identify any more witnesses between now and the trial. Another pretrial conference was scheduled for early August and the state plans to proceed with a jury trial sometime in September.

Hill was charged with DUI and negligent vehicular manslaughter following the death of Kristin Marie Dessingue, a 16-year-old resident of Coconut Creek. The pair were traveling in Hill's vehicle when he allegedly failed to properly complete a curve, flipping over the vehicle. Dessingue was ejected from the truck, as was Hill. Hill sustained injuries to his neck and back, while an additional passenger only suffered minor injuries. A hospital collected a blood sample from Hill which showed a blood alcohol concentration of 0.179 percent. State law presumes a driver is impaired at 0.08 percent, although actual impairment can be demonstrated in some cases where a driver had an even lower BAC at the time of a traffic stop or accident.

Judge Peter Estrada declined to impose additional requirements for Hill's pretrial release, such as random breath alcohol and urinalysis testing, because tips about Hill's behavior were coming from an anonymous caller. "Whoever's making these phone calls does not wish to come forward and give their name, so unless they do so, I don't think I have any authority whatsoever to have a hearing to determine whether or not they actually revoke Mr. Hill's pretrial release order and put him into custody pending his trial," the judge said.

The original article is available here.

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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