Orlando DUI Attorney Blog

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" »

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! 

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!

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.