Orlando DUI Attorney Blog

In what can only be described as incredibly poor judgement, Thomas Squiller was arrested during a court appearance for a domestic battery charge when he showed up to court under the influence of alcohol.  Apparently, Squiller drove his Camaro to court while under the influence of alcohol and crashed into another car and dented it in the court parking lot minutes before the hearing.  Police were investigating the crash when they were informed by court security that the owner of the Camaro had been taken into custody by Judge Jack Springstead for appearing in court under the influence of alcohol.

Officers said that Squiller drove himself to the courthouse, but when he was questioned, he did not remember smashing into another car in the court parking lot.  "The officer could detect the strong odor of an alcoholic beverage on his breath, according to the police report.  "Squiller had difficulty standing."  It is not clear at this time exactly what transpired in court but apparently it was pretty apparent to those who saw him that he was intoxicated. 

Attorney John Musca, who routinely handles Orlando DUI cases said, "Judges become very unhappy when parties come to court under the influence of alcohol.  While a defendant in a domestic battery case must show up for a scheduled court hearing, he should have arranged for a ride.  By showing up to court intoxicated and being involved in a crash with another vehicle, the defendant has only compounded his legal problems."

A breathalyzer test showed that Squiller had a blood alcohol level of .310, which is almost four times the level at which one is presumed under the influence.  Police administered additional breathalyzer examinations at the jail, which indicated Squiller's blood alcohol level was .222 and .206.  Squiller is being held in lieu of $1000 bond for DUI and leaving the scene of an accident involving property damage.

Continue reading "Orlando Man Arrested for Making Court Appearance While Intoxicated " »

Phillip Lee Heekin was arrested and charged with DUI and ended up back in Osceola County Jail this week after his bail was set at $2 million.  His bail was set at $2 million because the judge said he posed a flight risk.  Heekin already has a pending case in which he is charged with vehicular homicide, DUI manslaughter and causing serious injuries in the death of a woman who lived in the Orlando suburb of St. Cloud last year. 

Just before the accident that killed the St. Could woman, Cheryl Hall, Heekin ran a red light while proceeding east toward the intersection of U.S. Highway 192 and Old Canoe Road.  A witness reported that Heekin was moving at such a high rate of speed in his 1979 pickup that the witness assumed that Heekin was being chased.  Heekin's blood was drawn and his blood alcohol was measured at 0.233, three times the level at which it is presumed that a driver is intoxicated under Florida state law.  Cheryl Hall and her husband were taken to Orlando Regional Medical Center where Cheryl died.  Her husband was injured but survived his injuries.  Heekin was also injured in the crash, police said.

Heekin had already been arrested for driving under the influence again since the fatal crash late last year.  Police discovered at that time that Heekin was also wanted in Georgia on cocaine-dealing charges.  The first time Heekin was arrested for a DUI crash in 1998, he served 89 days in jail.  Records show Heekin has been arrested at least 17 times in Florida.  Heekin has also been arrested in Georgia, North Carolina, Virginia and Pennsylvania, where he was also convicted of DUI in 2007.

Continue reading "DUI Repeat Offender Charged With DUI Manslaughter; Bail Set at $2M" »

Ashley Rowe, an Altamonte Springs policewoman, resigned last week pending the results of a DUI investigation into her collision in December, in which her passenger nearly died.  Michael Kroohs, a Reedy Creek firefighter, was a passenger in Rowe's car when she crashed on Lotus Landing Boulevard near SR-434 near Orlando.  Florida Highway Patrol troopers at the scene believed she had been drinking and was impaired.

Kroohs had met Rowe earlier that evening when Rowe and several other officers had been drinking and went out for a late dinner.  Kroohs indicated that Rowe did not act drunk the night of the accident.  "It's crazy how someone can be drunk and look so normal, that is the only thing that hit me; it's kind of surprising to me, "Kroohs said.

Kroohs, who nearly died, has spent the last two months at home recovering since the December accident.  He was seriously injured and faces $200,000 in medical bills.  Kroohs says he does not plan to sue Rowe despite the high cost of his medical bills because he views her pending DUI charges and resignation from the police as more than enough punishment.  "The pain and suffering I had to go through, so I guess this is her punishment the way I look at it," he said.

Rowe had been working on desk duty while the investigation into the incident by the Florida Highway Patrol was pending.  When blood alcohol results came back on Wednesday, results showed Rowe's blood alcohol level was .15.  The investigators for the Florida Highway patrol are in the process of filing DUI charges with the State Attorney's Office.

In light of the results, Rowe submitted her resignation letter on Friday.  In Rowe's resignation letter, she said, "My decision to leave the agency has been a difficult decision but feel I need to be closer to loved ones.  I leave with much sadness."

Continue reading "Altamonte Springs Cop Resigns in Face of DUI Charges " »

Florida Highway Patrol Officers arrested prominent Lake County attorney and civic leader Bruce Duncan and charged him with DUI-manslaughter connected to the death of retired postal worker Herbert "Steve" Muller.  Duncan faces 15 years in prison if convicted of the second-degree felony resulting from a collision in which his Nissan pickup truck drove into the path of Muller's motorcycle.

The accident occurred less than a mile from Duncan's home.  Muller was returning to his home in Mount Dora after riding with friends to Daytona Beach and Biketoberfest. Duncan was returning from the Florida Gators football game against Arkansas at the time of the crash.  Duncan was turning onto Majestic Oaks Drive, in the Orlando suburb of Tavaras, when his truck collided with Muller, who was headed west on Wolf Branch Road.  A blood test administered at the crash scene indicated Duncan's blood alcohol measured 0.16 twice the level at which a driver is presumed impaired under Florida state law.

Duncan's family has long been a prominent and influential family in Lake County.  His great-grandfather, Henry Holcomb Duncan, drafted the legislation that created Lake County from land in Orange and Sumter counties.  Duncan is president of Family Dynamics, a Leesburg based land development firm.  He was previously an assistant public defender, assistant Lake County attorney, and Lake's economic-development director.

He has also been prominent in civic activities in Lake County.  He is chairman of the executive board of Life Stream Behavioral Center, which is dedicated to providing mental health and substance-abuse services for Lake and Sumter counties.  He was also master of ceremonies for local charity events.

Duncan's attorney accompanied him to Lake County Jail where he was released after posting $50,000 bail. The next court date in the matter has not yet been set.

 

Continue reading "Lake County Attorney and Civic Leader Charged with DUI/Manslaughter" »

A man in a wheelchair was hit and killed by a drunk driver while he was attempting to cross the street. The driver of the car was arrested and charged with DUI Manslaughter.

As the man was crossing the road a westbound vehicle struck him while he was in a crosswalk.  The man was pronounced dead at the scene. 

There had been a green light at the time of the impact however according to officers that had arrived at the scene there was a strong odor of alcohol on the driver, who also displayed slurred speech and glassy eyes.  The driver had taken a field sobriety test and failed.  He was then charged with DUI manslaughter and could face up to 15 years in prison.

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

When faced with serious DUI charges which 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! 

After conducting a routine "lawnmower" traffic stop, due to a rear light being out, it was discovered that the driver was riding under the influence of alcohol.

With much difficulty the rider was able to get off of the lawnmower.  When asked if he was OK by the officer he said "Yes," but did mention that he been drinking alcohol.   The officer informed the driver that he would need to take a field sobriety test.   The driver initially declined claiming that he had taken them before but, was far too large in size to take them again.  However, the driver eventually agreed.

As the officer demonstrated the walk and turn part of the tests, the driver commented that he "would have to hold onto something in order to do it".  At this point the physical exercises were stopped out of fear that the driver would hurt himself.

The driver did engage in a breathalyzer test, where he was then arrested and charged with DUI. 

Florida defines DUI as operating a vehicle while under the influence.  There is no requirement for it to be a motor vehicle.  So yes, in Florida you can be charged and arrested for a DUI while riding a lawnmower where the penalties are exactly the same as driving a car.

If you or someone that you know has been charged with a DUI, you need to retain a reputable and aggressive DUI attorney.  Attorneys at Musca Law have the experience and the knowledge to protect your rights.  They are not afraid to challenge or negotiate with prosecutors to get their clients charges reduced or dismissed.  Contact Musca Law about your legal matter today.

DUI is one of Florida's largest social issues. In 2008 there were 2,978 fatalities on Florida roadways that were alcohol related. Law enforcement agencies are cracking down on drivers that drink and drive this holiday season.

Although most people do not intend to drive home drunk there is no easy answer to know if you are over the limit.  There is no way to unequivocally answer this.  There are a large number of factors to add into the equation where someone can drink but still remain under the legal limit.   Dependent upon the drink consumed, the amount consumed, weight, ones age, and metabolism.  However, every drink that you consume can affect your degree of impairment.  This can result in endangering yourself and those around you.

The paramount answer would be to not drink and drive.  Florida has stringent laws which prohibit driving while intoxicated.   In short, first and second offenses are misdemeanors, third or subsequent offense is a third degree felony.  However, your driver's license can be immediately suspended for six months on the first offense to include high administrative fees. 

If you refuse a breathalyzer test, per Florida law your driver's license is suspended for one year as of the arrest date to include administrative fees.  A possible six month jail sentence on the first offense including astronomical fees, second offense could get you a conviction of nine months in jail plus additional fees.  A third arrest can afford you a twelve month jail sentence, with thirty days of the jail sentence being mandatory, vehicle impoundment of ninety days and further fees as ordered.   Expect a significant increase in your motor vehicle insurance, thus finding competitive quotes will be difficult as insurance companies are hesitant in taking the risk of insuring a driver with a history of a DUI conviction.

If you have been arrested on DUI charges, it is important for you to retain an aggressive and experienced Orlando DUI Criminal Defense Attorney who has the know how to build a successful defense that works for you.  Attorney John Musca is an experienced DUI criminal defense attorney that will work diligently to protect your rights.

Carlos Dunlap, University of Florida defensive end was arrested and charged with driving under the influence of alcohol within days of their biggest game of the season.

After reports made of a reckless driver near campus, police were dispatched where they found Dunlap asleep at the wheel.   After an officer had awoken Dunlap, he committed to field sobriety testing, however, refused a breathalyzer test.  Dunlap was then charged and booked.

After appearing before a judge he was released on his own recognizance. Dunlap, whose birthday is February, 28th was admonished for underage drinking.  However, as part of his release, Dunlap cannot possess alcohol or illegal drugs.   He is also to refrain from driving a motor vehicle.  If there is a violation of these stipulations he will be jailed

No court date for the DUI charge has been scheduled.

Driving under the influence of alcohol causes your physical and mental abilities to become impaired to the point that you are no longer capable of driving a motor vehicle.  Getting behind the wheel of a vehicle while intoxicated jeopardizes the lives and safety of not only yourself but those around you. For this reason, it is illegal to drive with a blood alcohol level at or above .08%.  

If you or someone that you know has been charged with a DUI, you need to retain a reputable and aggressive Florida DUI attorney.  Attorneys at Musca Law have the experience and the knowledge to protect your rights.  They are not afraid to challenge or negotiate with prosecutors to get their clients charges reduced or dismissed.  Contact Musca Law about your legal matter today.

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With the holiday season among us, millions of motorists will hit the roadways.  Florida Highway Patrol troopers are issuing a pressing warning. 

State troopers will be observing the state's highways and toll roads. Intoxicated motorists, speeders and aggressive drivers will not be tolerated.   "People drive worse on the holiday because they think they are going to get a break," said Sgt. Jorge Delahoz, a spokesperson, who has handled crashes on Florida roads.  Delahoz also stated that "there is nothing worse than knocking on someone's door on a holiday to tell them a family member is dead."

Troopers will be patrolling Florida's highways where they will conduct roving patrols in an attempt to remove drunk drivers from the road.  DUI checkpoints will also be conducted in certain areas where it is known for those that are drinking.

According to a patrol office, "If a person is arrested for DUI they're taken off of the road and we look at that as we've saved at least one life tonight."

In 2008 there were 52 fatalities on Florida roads during the five day Thanksgiving holiday.  Approximately half of those deaths were alcohol related.

The National Highway Traffic Safety Administration clearly states that the blood alcohol concentration level of .08 is illegal in all 50 states and is the point at which the fatal crash risk increases significantly.  At that point, all of the critical driving skills are affected: braking, steering, lane changing, judgment and response time.  The risk of a driver dying in a crash at .08 BAC is at least 11 times that of drivers without alcohol in their system.

If you someone that you know is the unfortunate situation of being arrested for a DUI this holiday season remember that you should speak with an attorney as soon as possible.  Drunk driving laws are extremely complex, and because of this you or someone that you know would be much better off with the advice and aggressive representation of an experience DUI attorney.  Attorneys at Musca Law know enforcement procedures, are well versed in different sobriety tests and their questionable accuracy levels.  Musca Law knows how you protect your rights!

A Central Florida Senator will be pushing the Florida Legislature to ban texting while driving. It is expected that the proposal will be taken up during the 2010 spring session.

Texting while driving is significantly more dangerous than drivers that are under the influence of alcohol.
In a report made by the U.S. Department of Transportation an estimated 6,000 people died on Florida roads in 2008 due to electronic devises including cell phones. 

It has become a generational issue, where texting has taken over the phone as the primary communications medium for teens.  In a study conducted, 94 percent of teens use their mobile phones to text, where 54 percent send more than 500 text messages per month. 

Last spring a high school student slammed into the back of a police car, although there were no injuries, there was approximately $3,000.00 in damages.

Last year a woman 26 and another woman 37, died when struck by a truck driver, who had reached for his cell phone in order to text his office.

Eighteen states have now banned texting while driving. To date Florida has no laws that ban the use of cell phones while driving.  New Legislation would prohibit, the reading, typing and sending of electronic messages while driving, resulting in a nonmoving traffic-violation.  If legislation is passed and a ban is placed on driving while texting, a violation of law will more be no more than a civil infraction.

Continue reading "Attorney Musca: Texting While Driving vs. Driving under the Influence" »

On January 23, 2009, the defendant did unlawfully drive and was in actual physical control of a vehicle while under the influence of alcoholic beverages.  After the submission to a breathalyzer test, the defendant blew a .138, and was described as having a strong odor of alcohol and glassy eyes by the arresting officer. 

However, 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.

In addition, it is remarkable what little knowledge many police officers have when it comes to accurate breathalyzer testing.  In recent studies conclusions have shown that three out of four people would fail a BAC at .05, even when not inebriated.  Refusal to submit to a breath test leaves a weak case for the prosecution with only subjective findings. 

The defendant at hand agreed to participate in a number of field sobriety exercises to include the breathalyzer, risking his freedoms to tests that were controlled by the arresting officer.  After diligent negotiations by the Attorneys at Musca Law, the DUI charge was reduced, resulting in six months probation, with a possible termination after three months, and minimal fines.

Although, DUI, results in a large spectrum of implications in the State of Florida, Attorneys at Musca Law fought hard and were victorious in the defense of their client.  Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

 

An Orlando based attorney has been arrested and charged with driving under the influence. The defendant, 64-year old James Gorman Brown, allegedly pulled up to an officer dealing with four teenage suspects. Brown claimed that one of the suspects happened to be his client. He cursed at the officer and disrespectfully argued for the teen's release.

The officer on the scene reported that the attorney smelled of alcohol and exhibited signs of impairment. Brown submitted to field sobriety testing and subsequently arrested for DUI. Officers took the defendant to the Orange County Jail. The four teenage suspects originally stopped by the police were arrested on burglary charges.

Continue reading "Orlando Attorney Arrested on Charges of DUI" »

Lake County Sheriff's Office has arrested a boater on a criminal charge of boating under the influence after he allegedly crashed his boat into a dock on Lake Harris. The defendant and driver of the boat, 51-year old Leesburg resident Michael Robert Smith, had to be rushed to the hospital for the treatment of injuries related to the crash. After the doctors released Smith from medical care, officers took him into custody on charges of BUI.

The defendant told police that he fell asleep while driving the boat before colliding with the private dock. Witnesses have also reported that a woman was present on the vessel at the time of the crash. A helicopter and marine patrol searched the area without luck. The authorities do not believe anyone to be in the water and rather the woman in question fled the scene on foot.

 

Continue reading "Attorney Musca Discusses Boating Under the Influence Arrest on Lake Harris" »

On August 18, 2009, police charged Titusville Battalion Chief of Emergency Medical Services and Training with driving under the influence. Titusville suspended the chief, Bob Allard, with pay pending the criminal investigation.

Allard allegedly pulled into an Orlando area DUI checkpoint in his personal vehicle. He admitted to police that he had consumed three rum and colas earlier in the evening. Allard did agree to submit to a breathalyzer test. He blew .172 and .176. This is over twice the Florida legal limit for alcohol consumption of .08.

The City of Titusville has determined that Allard's arrest violated ethics policies. He is suspended from the force for a period of three weeks. During this time he is also not permitted to use his government vehicle. Allard will not receive any special treatment for his government position and will be held accountable for his actions.

 

Continue reading "Orlando area Fire Chief Suspended for Criminal DUI Charges" »

An Orange County man twice faced trial for a DUI charge that resulted in two mistrials has petitioned the Court for a full dismissal of the case. Officers arrested the defendant, 41 year old William Earl Robinson, after witnessing him allegedly swerving in traffic at 3 a.m. on the morning of January 26, 2008. The arresting report states that Robinson failed roadside sobriety testing and refused to submit a breath test.

Robinson's first mistrial occurred on January 29, 2009 when a jury reached an impasse and could not agree on a verdict. The second mistrial for the charges of DUI occurred when the Assistant State Attorney, Daniel Jancha, violated the rights of the defense by speaking to the jury about Robinson's right to remain silent. The Judge in the case, the Honorable Peter Marshall, warned the State Attorney about his Courtroom conducted and declared the second DUI mistrial.

Continue reading "Man Seeks Dismissal of DUI Charges after two Mistrials" »