Orlando DUI Attorney Blog

 

An Orlando area deputy has been arrested on charges of drinking and driving. The off duty Volusia County Sherriff's officer, 51-year old John Harvey, allegedly rear ended a marked patrol car and attempted to flee the scene. Reports state that Harvey exhibited signs of intoxication and was then arrested on suspicions of drunk driving. Florida Highway Patrol has filed charges of DUI, reckless driving and leaving the scene of a crash.

Harvey is a twelve year veteran of the Volusia County Sherriff's Office, civil division. He was driving his own vehicle at the time of the crash. The Volusia County Sherriff's Office has placed Harvey on administrative leave pending the outcome of this DUI investigation.

 

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Being stopped and searched arbitrarily is a celebrated practice amidst law enforcement agencies.  DUI checkpoints are a tool used to tighten the grip on those driving while under the influence of alcohol.  However, there is a fine line between a legitimate concern for public safety and infringing upon the fourth amendment rights of the people.   The state of Florida concedes that DUI check points are constitutionally valid. The Supreme Court acknowledges that roadblocks do in fact constitute a "seizure" relative to the Fourth Amendment yet are constitutionally acceptable with evident effectiveness and with minimal intrusion. However, DUI check points can more than likely be described as traffic road blocks, as the focus is not exclusively on driving under the influence.

At one Orange County DUI checkpoint there was not one DUI arrest. There were however traffic citations, faulty equipment warnings and general warnings.  All of which are outside the realm of a constitutionally valid DUI check point. 

The argument would then be is there empirical evidence that DUI checkpoints reduce the rate of drunk driving under the influence or are check points being used for general purposes under the guise of DUI.

The Centers for Disease Control and Prevention have shown that DUI check points have reduced alcohol related accidents and fatalities by as much as 24 percent.  However, the Cochrane Library reviews which evaluated 32 studies showed little evidence to say definitively that DUI check points cut down the number of accidents and death from driving under the influence. 

As an added issue are DUI check points hurting the bottom line of businesses in an already torn economy.  Bar and restaurant owners have stated that it is making it harder for them to survive,  as check points are being set up in front of their businesses.   In some cases the DUI check points have been set up in front of the same business on more than one occasion which can be construed as a target where there is a consistent pattern that could conceivably shut down a business.

In Florida the Florida Highway Patrol promulgates a policy manual that dictates how DUI checkpoints must be conducted.  Assuming that these policies meet with constitutional muster the police must adhere to the guidelines when engaging in a DUI checkpoint operation.  The Law Offices of John Musca has challenged the legality of DUI checkpoints in Florida.  We have won those challenges and obtained dismissals for our clients.  Attorney John Musca will review your case when it involves a DUI checkpoint to ensure that your rights have not been violated. Remember a DUI arrest is not a conviction and as always, consult a Florida criminal defense attorney who will determine what defenses may be available to you. 

The following story like so many others is a heart breaking one.  As a Florida DUI defense attorney, I can attest to seeing far too many of these cases. However, it is imperative to remember that the following individual is entitled to his day in court where he will be provided with a dynamic criminal defense.

After returning from a family outing the families PT Cruiser was struck by a Cadillac driven by John Molnar 36, while he was driving home.

The driver of the PT Cruiser did not sustain serious injury, however his 9-year-old son, was hospitalized with a fractured skull, and his 2-year-old daughter's life was claimed after being taken off of life support resulting from internal injuries and a fractured skull.

Molnar was arrested and charged with DUI and the possession of cocaine.  Investigators had found a plastic bag which contained the drug under the driver's seat of the vehicle Molnar was driving.  An automatic six month suspension of his driver's license went into play on the DUI charge.  Further charges are pending due to the death of the child.

After the accident a breathalyzer test measured Molnar's blood-alcohol level at 0.133 percent and 0.129 percent exceeding the 0.08 standard.  The Police Officers at the scene utilized a breathalyzer device that does one of three things; uses a chemical reaction involving alcohol that produces a color change, detects alcohol by infrared spectroscopy or detects a chemical reaction of alcohol in a fuel cell.  All three of which obtain said results through a breathing device.

Records convey that Molnar's driver's license had been revoked for six months last year in the state of New Jersey after a DUI charge, not including four tickets in less than three years for speeding violations, two moving violations and a reckless driving charge.  Molnar's license was also suspended in August of 2008 in Orange County on a DUI charge and a conviction of disorderly intoxication in the same county.

Molnar was released from the Orange County Jail on $11,000 bond.

If you or someone that you know is in need of a criminal defense attorney you want a Florida attorney that will work zealously and tirelessly on your case.  At MUSCA Law we concentrate on all areas of criminal defense which include DUI, vehicular homicide, reckless driving, possession, and possession with the intent to distribute.  Having a high success rate MUSCA Law has considerable experience in DUI related issues.  If you have been charged with a DUI offense you need the best lawyer that you can find to represent you.