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.

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.

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.

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!

 

Hardee County is a rural community with many open roads lacking street lights. When Sherriff Deputies noticed a vehicle driving at irregular speeds, slowing down and speeding up, as well as weaving between lanes, they suspected the driver was intoxicated. They followed the Bradenton resident for two miles along the darken highway before pulling him over. 

Police claim the driver was unsteady when he got out of his vehicle and his speech was slurred. They offered the driver the opportunity to perform field sobriety testing. According to the police report, the driver's abilities were impaired and he was placed under arrest. The driver refused to take a breath test and was charged with:  Driving Under the Influence, Fla. Statute 316.193, Refusal to Submit to a Breath Test, and was issued a citation for Possession of an Open Container.

Law enforcement officers around the country file close to 2 million drunk driving cases each year. DUI charges can have serious consequences and this driver retained the highly skilled DUI defense team at Musca Law. Our Tampa DUI attorneys investigate the evidence thoroughly and defend our clients with fierce determination.

By taking an aggressive stance for our client, we pushed forward negotiating with the State Attorney assigned to his case. In light of the challenge we presented, we successfully convinced the State they would be unable to secure a conviction. The State amended the DUI charge to Reckless Driving, dismissed the Refusal to Submit charge, and our client received a Withhold of Adjudication on the Open Container violation. Experience Counts!

When Sarasota Sheriff Deputies responded to a report of a possible battery at a restaurant on Tamiami Trail, a young woman claimed an unidentified man had touched her inappropriately. She told the police the white male seemed heavily intoxicated and extremely disorientated. Although she felt offended, she did not want to press charges.

In the parking lot of the restaurant, police observed a man fitting the description entering a black Nissan. The man was attempting to back out of his parking spot. He allegedly put his car in forward instead of reverse, hitting the car in front of him. Deputies made contact with the suspect and detected a strong odor of alcohol on his breath, and felt his speech was slurred. The officers offered the driver Standardized Field Sobriety Tests (SFTS). These tests are simple physical and cognitive tests the driver must perform to determine sobriety.

The driver's performance reportedly did not meet the standards of the tests and the police felt he was impaired. An inventory of the vehicle was conducted and police found a .40 caliber Smith & Wesson handgun in the center console, along with empty bottles of vodka and rum in the back seat. The driver was arrested and transported to the Sarasota County Jail where he was given a breath test. He was charged with Driving Under the Influence (DUI), Fla. Statute 316.193(1)(b).

The driver of the car, a 31 year old US Army soldier, brought his case to the experienced Tampa DUI attorneys at Musca Law. Finding a skilled DUI attorney is essential to fighting charges in an arrest. After carefully investigating our client's situation, we found fault in the administration of the breath test. The machine used to perform the test, an Intoxilizer 8000, gave multiple false readings, resulting in the need to administer the test three times. A total of eight breath samples were collected before any two samples were produced within the "control tolerable".

The results produced by the Intoxilizer were clearly unreliable. Our Tampa DUI defense attorneys motioned to suppress the breath test and the results. The Motion enhanced our defense strategy, taking away from the State the key elements required in order to prosecute the case. After firm negotiations with the State Attorney, a Nolle Prosequi was issued, dismissing the case against our client.  

Just three days before the Christmas holiday bad luck seemed to follow a young Polk County driver. While making a left hand turn, another vehicle cut him off. He was forced to swerve sharply in order to avoid collision, his car flipped over and landed on its roof. The other vehicle left the scene of the accident. In a dazed state and unable to locate his cell phone, the driver crawled out of the badly damaged car. Fearing his car might catch on fire, he proceeded to stagger to a nearby store to call for help.  When he heard sirens and realized the police had already been notified, he made his way back to his vehicle.

The police arrived finding the overturned vehicle, with the keys still in the ignition and no driver inside. A nearby resident reported to the police that he had seen the driver crawl out of the car and leave the scene. When the police spotted the driver in his blood soaked and soiled clothes, they immediately apprehended him and placed him in handcuffs. The driver notified the police he had sustained injuries and needed medical attention. When ambulatory services arrived, the driver was mobilized on a spine board with a cervical collar securing his head. The badly damaged car had to be towed from the scene.

The police report noted the driver had "slurred speech" and "swayed while standing". The officers conducted a partial sobriety test and concluded alcohol was involved in the accident.
The driver was taken to the hospital and treated for his injuries. The injuries he sustained included: multiple abrasions, neck and abdominal pain and a closed head injury. Upon release from the hospital the driver was arrested and taken to the Polk County Jail. The driver was formally charged by the Lakeland Police with: Leaving the Scene of Crash with Property Damage, Careless Driving and Driving Under the Influence, under Florida Statute Section 316.193.  The charges resulted in his license being suspended.

When faced with the predicament of serious DUI charges, it is imperative to select experienced and aggressive DUI lawyers to defend your constitutional rights and obtain the best possible outcome. This driver made the wise choice of selecting the rock solid defense team at Musca Law. 

Our experienced Tampa DUI attorneys investigate each case thoroughly to build effective defense strategies. Police officers' subjective opinions are often countered by reasonable explanations for certain behaviors. For instance, the officers in this case observed the defendant's slurred speech and swaying while standing as signs of alcohol intoxication. The defendant suffered a closed head injury from the rollover. Symptoms of a closed head injury may include slurred speech, loss of balance and confusion. Our client claimed to have left the scene of the accident in order to find help. The officers who responded to the call assumed our client had left the scene intentionally. Based upon these and other facts in question we were able to present an aggressive challenge to the charges our client faced.

Musca Law attorneys convinced the State Attorney that there was no merit to the allegation of Leaving the Scene of the Crash and the charge was dismissed. As well, our defense strategy was successful in having the DUI charge reduced to a less serious violation of Reckless Driving.  Additionally, our Tampa DUI attorneys convinced the Hearing Officer for the Department of Motor Vehicles to lift the suspension of our client's license. We have a simple philosophy for defending our clients, we fight to win.