Banner
Attorney John Musca certified as Field Sobriety Test Administrator Attorney John Musca certified as Breathalyzer Operation

July 31st, 2011

Cops: Suspected Drunk Driver Hits FHP Patrol Car, Flees Scene

A Florida Highway Patrol sergeant was hit by a suspected drunken driver while transporting another person charged with drunken driving to jail on Friday, authorities said.

Sgt. Janice Drake, 35, received minor injuries but was not taken to the hospital. Her passenger was not injured.

Luis R., 24, was charged with DUI, DUI property damage, leaving the scene of a crash with injuries and driving without a valid license.

Luis was driving a 1999 Ford Ranger the wrong way west on Hillsborough Avenue at about 11:30 p.m., said Sgt. Steve Gaskins, spokesman for the Florida Highway Patrol. As he approached Highland Avenue on the Hillsborough River Bridge, Luis hit a 1996 Mercedes driven by Anne M. , 48, head-on, Gaskins said. His vehicle then rotated and collided with Drake’s patrol car, which was headed east on Hillsborough Avenue, Gaskins said.

Anne received minor injuries but was not taken to the hospital.

Luis ran from the crash and later was found hiding in an abandoned home, Gaskins said. He was being held without bail at the Orient Road Jail.

I cannot stress this enough: Do not flee when being apprehended by police. It’s nearly always best to follow suit and contact a defense lawyer if you are charged with a crime. Reason being, if you are caught when fleeing, which you probably will be, the criminal charge(s) against you will be upgraded.

If you’ve been charged with DUI or a related crime in Bartow, Lakeland or elsewhere in Polk county, it’s very important that you talk with an attorney ASAP. In order to give yourself a chance at avoiding a conviction, you must give your lawyer ample time to prepare your case! Call 863-512-5269 to schedule your free consultation now.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

July 25th, 2011

Lee County to Host DUI Checkpoint

A DUI checkpoint is scheduled for this weekend, beginning Friday, by the Lee County Sheriff’s Office. The operation will take place at an undisclosed location in the county.

Checkpoint emphasis is placed on the following:

1. Remove impaired drivers from the roadway

2. Reduce the likelihood impaired drivers will operate their vehicles on our roadways

3. Heighten awareness

4. Educate the public on the dangers of drunk driving

According to the Florida Department of Highway Safety and Motor Vehicles, in 2009, 25 fatalities and 447 injuries in Lee County were alcohol-related.

And don’t just avoid Lee County this weekend. Instead, drive safely wherever you go and you shouldn’t have any trouble with the law. If police do unlawfully pull you over, you can always contact a DUI attorney to help illustrate this injustice in a court of law.

If you’ve already been charged with DUI in Bonita Springs, Fort Myers, Cape Coral or elsewhere in Lee County, don’t hesitate in contacting a defense lawyer at Musca Law for a free phone consultation.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

July 20th, 2011

Seminole County Judge Devises Unique DUI Sentences

You’ve seen them before: the lollipop-shaped markers along state roads adorned with fake flowers, fading photographs or discolored stuffed animals.

As you drive by, the words “Drive Safely” come into view in bold, blunt letters. Perhaps you slow down a bit. Maybe you stop texting. You might place a second hand on the steering wheel.

It’s more likely you won’t pay any attention at all. But hundreds of Florida families wish you would.

And if you drive drunk, recklessly or commit repeat traffic offenses in Seminole County, Judge Carmine Bravo will make sure you start noticing.

The 18th Circuit Court judge has always been known for his creative sentences, but as one DUI case after another came across his desk, Bravo said he wanted to find a way to educate and not just punish offenders.

Since 2004, he has sentenced drivers convicted of misdemeanor traffic offenses to writing 500-word essays about the people memorialized in roadside markers.

“Sentencing should include something punitive, educational and remedial if possible,” Bravo said. “Many don’t realize how irresponsible they can be on the road. It takes focus, care and maturity to drive.”
Continue reading “Seminole County Judge Devises Unique DUI Sentences” »

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

July 14th, 2011

Lawsuit Filed Against Bartow Police

The parents of an 18-year-old Bartow youth who was bitten by a police dog during the teen’s arrest on a vehicle burglary charge in 2008 are suing the city.

Tom P., who worked at the city-owned golf course for 15 years, and his wife, Diane, are seeking damages exceeding $15,000 for their son, Jordan, who was bitten around his head and face during the Aug. 15, 2008, incident, according to the lawsuit.

The lawsuit accuses the officers of excessive force and alleges the city failed to train, discipline and supervise its officers.

Bartow police had said they found Jordan P., who was 15 at the time of his arrest, hiding in a shed in the 700 block of North Oak Avenue, and the youth hit and kicked the police dog during the arrest, according to police reports.

The lawsuit, filed Friday in Polk Circuit Court, states the teen surrendered peacefully.

“(Jordan) put his hands in the air and surrendered to the law enforcement authority,” the lawsuit states. “(Jordan) was told to stay still and he complied.”

Officers broke down the shed door and the dog knocked Jordan to the ground, according to the lawsuit.

“(Jordan) attempted to stand, but he was kicked to the ground by another police officer, allowing the K-9 to continue its attack,” the lawsuit states. “(Jordan) subsequently blacked out.”

Jordan was airlifted to Tampa General Hospital, where he was treated for his injuries and released, according to the lawsuit.

City Attorney Sean Parker said Wednesday he hadn’t seen the lawsuit, and wouldn’t comment on pending litigation against the city.

It’s not that I’m saying that either side in this lawsuit is correct, but articles of this nature always highlight that police do make mistakes and it can only be corrected by proving it in court. If you’ve been accused of DUI in Bartow, Lakeland, Winter Haven or elsewhere in Polk County, contact a Polk defense attorney at our firm to discuss your unique circumstances.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

July 10th, 2011

Police Survey Looks At Drunk Awareness

Police spent a couple of hours overnight asking college-age students if they were too drunk to drive, then showing the young adults their blood alcohol levels.

In one case, a man said he thought he was just buzzed — not really drunk — and yet he registered a blood alcohol level three times higher than the limit at which drivers are presumed drunk in Florida.

The Gainesville Police Department conducted the survey near two midtown locations late Wednesday and early Thursday.

Of the 61 people who agreed to participate, 18 who thought they could drive had blood alcohol levels at or above the legal limit, police said.

No one was asked to give their name or provide details about where they had been drinking or if they were legally old enough to drink, according to police.

Instead, the officers said they wanted the participants to learn from the survey.

“We did this so that maybe these people will remember how they felt when they gave us a breath sample that showed they could be DUI,” said Cpl. Stephen Girard. “Hopefully sometime in the future, when they are thinking about driving after they have been drinking, they will remember how they felt now and will decide not to get behind the wheel.”

Police said the man who told them he was just buzzed, not drunk, had a blood alcohol level of .248, more than three times higher than the .08 level at which he would be presumed drunk in Florida.

“He told us he had six drinks in six hours,” Girard said. “The good news was that even though he only thought he was buzzed, he did know he should not have been driving.”

Girard said he and the other four officers who conducted the survey learned something, too.

“There were a number of people who thought that if they had a blood alcohol level below .08, they could not be charged with DUI, but that’s not true,” Girard said.

Under Florida law, although .08 is considered a presumption of drunkenness, people with lower blood alcohol levels can also be charged with DUI, depending on other factors like field sobriety tests.

Police said they will likely conduct another survey in the coming months, possibly during football season.

This goes to show you how easy it is to be arrested for DUI. Many people charged don’t even feel like they’ve done anything wrong. In these cases they’re best suited to promptly contact a DUI attorney to discuss the case against them and how to proceed.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

July 7th, 2011

Man Charged With DUI After Crashing Into July 4th Cook-Out

A man is arrested after police say he crashed into a cook-out in Lakeland.

Investigators say this man 65 year old Freddy G. crashed into tables and coolers last night around 8:00 in a lot at the intersection of Washington and 10th streets.

About 100 people gathered there to celebrate July 4th. Darryl M. told police he was clipped by the truck. He went to the hospital. Freddy is charged with driving without a license and DUI refusal.

If you’ve too been charged with DUI in Lakeland, the evidence against you might not be as strong as you think. To discuss matters of this nature, contact a Polk County DUI defense lawyer at our firm today.

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

June 30th, 2011

Manatee County Plans DUI Saturation Patrols 6/31/11

The Manatee County Sheriff’s Office’s Traffic Unit will conduct a DUI saturation patrol from 5:30 p.m. Friday until 3 a.m. Saturday in areas with a history of high DUI-related incidents, according to a news release.

Studies show the average DUI driver commits this violation 80 times per year which averages out to once every 4-5 days, according to the sheriff’s office. Also, national averages show that an alcohol related fatality occurs every 30 minutes.

So far this year, the Traffic Unit has made over 200 DUI arrests.

The purpose of the saturation patrol is to bring awareness to the DUI problem in Manatee County in an effort to reduce the number of DUI’s, particularly the ones involving serious crashes, according to the sheriff’s office.

This is surely not the only DUI sting operation that will be conducted in Florida for the holiday weekend. If you’re planning to drink you’d be well advised to call a cab or have a sober friend drive. Otherwise, you’re going to need the services of a Polk County DUI lawyer at Musca Law.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

June 26th, 2011

The Ledger: Recent Polk County DUI Convictions

Each person who is found guilty of driving under the influence of alcohol is sentenced to attend DUI school unless the license has been permanently suspended or revoked. The following is a portion of cases filed in April, May and June.

Jeffrey P., Flamingo Lane, Mulberry — license suspended 6 months, 12 months probation, 6 months ignition interlock device, $1,804.36 fines.

Daniel G., 3017 Woodstock Ave., Eaton Park — license suspended 6 months, 12 months probation, 12 months ignition interlock device, 10 days county jail, $286 fines.

Stephen R., Yeomans Path, Lakeland — license suspended 65 years, 12 months probation, 2 years ignition interlock device, 10 days county jail, $2,916 fines.

Michael A., Bendelow Drive, Lakeland — license suspended 6 months, 12 months probation, 6 months ignition interlock device, $1,966 fines.

Sergio, K Ville Ave., Auburndale — license suspended 6 months, 12 months probation, $1,379.36 fines.

Analysis: One thing you’ll notice is the high fines and license suspension all of these people convicted of DUI are suffering. And remember, a DUI conviction on your record will always come back to haunt you when in pursuit of further educational and career goals. For this reason, it’s always best to hire a Polk County DUI defense lawyer in pursuit of having the charges dropped or, at the very least, reduced.

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

June 22nd, 2011

Police to Be Watching Closely for DUI at 65th Polk County Fair

If you’re planning on attending the Polk County Fair this weekend, you should be sure to either not drink or to designate a driver. Reason being: Polk County deputies will be watching for impaired drivers closer then they normally do for the duration of the fair. Events like this take in a great deal of money for the PD and that’s not going to change. Don’t become a statistic this weekend and have fun!

Now that we’ve covered that, let’s look at the events taking place at this year’s fair.

Back for the 2011 fair season are the Super Farmer contest and pie judging contest. The fair also includes two nights of live (and free) performances by local bands. For the second year, all non-profit organizations in Polk County are invited to provide a booth with a service or item to raise money for their organizations.

Super Farmer contest

Friendly rivalries between area 4-H and FFA groups will continue this year with the Super Farmer contest — a contest that tests physical strength and endurance and the ability to remember surroundings while navigating a wheelbarrow blindfolded.

The contest is at 6 p.m. Friday at the fairgrounds.

Polk County Fair Pie Contest

The fair’s third pie contest is Saturday. The contest is open to Polk County residents only. There is no age limit (except the youth category, which is for youths ages 8-18 who are from Polk County, attend a Polk County school or are a member of a Polk County 4-H or FFA chapter) and no entry fee. Categories are youth, fruit and cream, custard or pudding. There is a limit of one pie per person per category.

Pies should be delivered to the fairgrounds between 9 and 10 a.m. Saturday.

Cattlemen dinner

Scott said the community is invited to come out to the fairgrounds Saturday night for the Fair Board Appreciation Dinner. The Polk County Cattlemen will provide a ribeye steak dinner for $10 per plate.

“[The dinner] is open to the public,” Scott said. “People can come out on Saturday night, eat and then enjoy the Lindley Creek Band, and that’s free.”

Kids’ games

Kids’ games, including a watermelon eating contest, a bounce house, train rides and rides on manure spreaders, will be Saturday. Scott said the games are open to all kids, not just those involved in 4-H.

If you’ve already been charged with DUI in Bartow, Lakeland or elsewhere in Polk County, there’s no certainty you’ll be convicted; with the help of a Polk County DUI attorney at Musca Law, you may be able to save your license and have your DUI charge dropped. Call 863-512-5269 now to schedule your free legal consultation.

Source

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark

June 15th, 2011

Lakeland MADD Leader Came at ‘Needy Time’

Like so many mothers behind the four-letter acronym MADD, Jan C. lost a child to drunken driving.

Janna C., the younger of her two daughters, was just 26 in October 2001 when the car she was riding in veered off Interstate 4 near the Osceola County line after a night of partying in Orlando.

Janna died after being thrown from a Jeep Grand Cherokee that flipped over and over, ejecting one other occupant. He and the driver, who wore a seat belt, survived, Jan said.

She said both men had been drinking, but an autopsy showed that there was no alcohol in Janna’s system.

Why didn’t Janna take the wheel that night?
Continue reading “Lakeland MADD Leader Came at ‘Needy Time’” »

Post to Twitter

  • Share/Bookmark

  • Share/Bookmark