Orlando DUI Attorney Blog

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.