Orlando DUI Attorney Blog

The Tiger Woods fiasco continues to dominate the media with Tiger Woods set to resume playing golf at the Masters in Augusta.  The news of Woods resuming his golf career is being dominated by news from Wood's mistresses including Mindy Lawton who is set to go to trial on DUI charges on April 21, 2010.  Lawton is charged with felony DUI causing injury following allegations she collided with a parked vehicle at a red light. 

Under Florida's sentencing guidelines, DUI with serious bodily injury is a third-degree felony, level 7 offense, which carries a maximum of 5 years in prison. The minimum mandatory sentence is calculated based on various factors including victim injury points.  Whether a plea can be negotiated to keep Lawton out of prison or whether the charge can be reduced to a misdemeanor will depend on the individual facts of the case.

An experienced Orlando DUI lawyer may challenge blood results, driving pattern, officer observations and procedure, witnesses statements and the like.  Lawton's defense lawyer may challenge any breath or other chemical testing as well as the basis for the initial stop.  The DUI lawyer may also be able to undermine the credibility of the officer or expose inappropriate deviations from appropriate procedure.  Lawton's sentence will also be affected by any prior convictions, especially prior convictions for DUI.

 If Lawton is convicted of DUI with serious bodily injury, she will also lose her driver's license for 3 years.   Orlando DUI attorney John Musca explained that it is not easy to get these charges reduced to a misdemeanor.  "I would advise anyone charged with felony DUI causing serious injury to call and speak to an experienced criminal DUI attorney immediately," said Musca.

Florida authorities treat a DUI that results in serious injury to another driver very seriously.  If a driver in Orlando or elsewhere in Florida is charged with felony DUI causing injury, he or she should seek legal advice at the earliest possible opportunity.  If a driver is charged with DUI and someone involved in the accident dies, the situation is even more urgent as the accused is subject to being charged with DUI-manslaughter.  DUI-manslaughter is a second-degree felony, level 8 offense, which carries a maximum penalty of 15 years in state prison.  A single death carries a minimum of approximately 10 years in prison. There is also a mandatory permanent revocation of one's driver's license.

If you or a loved one has been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to a serious criminal consequences.  An Orlando DUI attorney will advise you of your rights guide you through the complex court system and provide you with the help that you need during this difficult time

An Orlando corrections officer was killed when he was involved in an accident with a drunk driver as he rode home from work on his motorcycle.  Jason Clay Russo, who is with the Florida Highway Patrol, was riding his 2003 Honda motorcycle when a Lexis moved into his lane and crashed into his motorcycle.  According to reports, Russo was still in uniform when the collision occurred.  He was thrown from his motorcycle and killed.

The other driver, Okevin Moradian, was driving a Honda when he collided with Russo.  Moradian has been charged with DUI manslaughter, vehicular homicide and refusing to submit to a DUI chemical test and is in custody on $10,250 bond. A driver charged with causing the death of another while driving under the influence of drugs or alcohol faces a mandatory minimum of 4 years in Florida state prison and a permanent driver's license suspension if convicted explained - John Musca.  DUI manslaughter is a second-degree felony that is punishable by 15 years in state prison and a fine up to $10,000. 

Vehicular homicide is also a second-degree felony punishable by 15 years in state prison and up to a $10,000 fine.  Under Florida's implied consent law, a driver suspected of DUI is required to submit to blood alcohol chemical testing.  Failure to comply with the request for a blood alcohol test results in an automatic license suspension under Florida DUI law.

An experienced DUI manslaughter lawyer will understand how to analyze and defend against a blood-analysis result, accident reconstruction, medical testimony, a traffic homicide investigation, and witness and officer testimony.  Being charged with the death of another person while driving and under the influence of alcohol can be a life-changing event with consequences that will follow the driver for the rest of his or her life. 

Anyone charged with DUI manslaughter should wait until he or she has had a chance to speak to a lawyer before answering any questions.  Even if a defendant is charged with DUI manslaughter, it is far from inevitable that he or she will be convicted.  If you are charged with DUI manslaughter, an experienced DUI lawyer will be able to investigate the circumstances of your case and help you develop appropriate defenses.

Musca Law provides the highest quality criminal litigation services to the residents of Tamps and the surrounding areas.  Our Tampa criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, from misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

A man accused of causing an accident that resulted in the death of two women in 2008 was arrested at Orlando International Airport attempting to reenter the country.  The man's passport had been flagged when he left the country for Lebanon last year.  There was speculation that the man was fleeing the country to avoid prosecution, but the man's friends disagreed.  Friends of the man indicate he went to Lebanon to visit family.  The man was charged with two counts of DUI manslaughter and two counts of vehicular homicide after an accident in July 2008 resulted in the death of two women.  The driver was arrested on an active warrant related to the DUI manslaughter charges.  The man is being held without bond because he is considered a flight risk.

At the time of the accident, the two women were driving north on Dean Road after exiting SR 408.  A breathalyzer test administered after the accident indicated that the man's blood alcohol concentration (BAC) was .085.  The driver was also purportedly speeding at the time of the accident.  The police report indicated that the driver was also speeding.  The man allegedly was driving 65 mph in a 45 mph zone.  The collision literally split the Acura driven by the women in half.  The two women were pronounced dead at the scene.

The DUI manslaughter charges could each result in a sentence of 15 years.  The authorities charged the man with DUI manslaughter and vehicular homicide after determining the driver failed to yield at the intersection while speeding and driving under the influence of alcohol.  This case is one where an experienced DUI attorney may make a significant difference in the outcome according to Orlando DUI attorney John Musca.  The driver's blood alcohol level is low enough that the breathalyzer results may be vulnerable to a challenge.  While the driver faces a difficult situation, the defense attorney may be able to get the charges reduced.  Given that this man is facing the prospect of facing much of the rest of his life in prison, he should consult an experienced qualified DUI attorney.

Musca Law provides the highest quality criminal litigation services to the residents of Orlando and the surrounding areas.   Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases, which include misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

Mathew Scott Hall from the Orlando suburb of Altamonte Springs was sentenced for 7 years in prison for DUI manslaughter of his best friend in a fatal car crash.  Police estimated that Hall was driving in excess of 85 mph in a 35-mph zone when he missed a curve and collided with a tree.  Hall's blood alcohol level was measured at 0.15, which is twice the level at which a driver is considered impaired under Florida DUI law.

Hall's best friend Christopher S. Avery from the Orlando area of Altamonte Springs was killed when he was thrown from the wreckage of Hall's Charger.  Avery suffered serious internal injuries including a laceration to his liver.  Avery bled to death as a result of his internal injuries.  Hall suffered broken legs and ribs as well as injuries to his face and hands.  Another passenger in the back seat of the Charger was injured but survived the accident and told authorities the friends had come from drinking at a bar near the University of Central Florida.

The jury had been selected and the DUI manslaughter case was set to begin with opening statements and testimony on Wednesday when Hall entered into the plea agreement.  Hall and Christopher's families remain close with Christopher's family hugging Hall after the hearing.

DUI charges especially where someone is hurt or injured can have very serious consequences under Florida DUI law.  "If you are faced with DUI charges, you should invoke your right to remain silent and request an attorney," said Orlando DUI attorney John Musca.  "Many people believe that they can help the situation by cooperating with authorities, but people often make a tough situation worse by volunteering information without legal advice when arrested for DUI."

If you or a loved one have been charged with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences.  An Orlando DUI attorney will advise you of your rights, guide you through the complex court system and provide you with the help that you need during this difficult time.  Contact the attorneys as Musca Law for a free, comprehensive review of your case.

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!