Case Summaries

Last updated

Internal Ref# 09-47618MM

Man Arrested for 3rd DUI, Passed Out at Wheel, in the Middle of Traffic, With Car Running; No DUI Conviction!

Client was found by officers passed out behind the wheel, in an active left hand lane, with his car running.   When the officers made contact with the driver, his head was leaning on the head rest, with his eyes completely closed.  The officer shouted at the driver with no response, at this point the officer noticed that the vehicle was in drive, with the driver’s foot on the brake.  The officer reached in the vehicle, placed the car in park, and removed the keys from the ignition.  This had disturbed the driver, who was now awake.  The officer asked the driver to exit the vehicle, where he stumbled, and was unable to stand straight.  Field sobriety exercises were administered and completed poorly.  Our client refused the breath test, and was then taken into custody, and charged with DUI.

RESULT:   After diligent negotiations, we were able to obtain a No DUI Conviction!

Internal Ref#  09-CT-508023

Man Stopped At random Sobriety Checkpoint Blows .121 and .119
No DUI Conviction!

Client was stopped at a DUI checkpoint, where an officer observed that he made a wide right turn and slammed on his brakes.  After making contact with the driver, the officer noticed a strong odor of alcohol emitting from the facial area.  When asked if he had anything to drink, he said “a few beers down town”.  He had extremely slurred speech and was stuttering over his words.  He was then asked where he was going, where he responded that he was “just driving around”.  He was then asked to step out of the car, and a request was made to participate in a number of field sobriety exercises, and a breathalyzer, where he blew a .121 and .119.  He was then placed under arrest for DUI.
 
RESULT:   A Motion to Suppress was filed challenging the constitutionality of the checkpoint; with the inclusion of a clear video.  The State offered DUI School and probation in lieu of the Motion to Suppress.  No DUI Conviction!

Internal Ref. # 09-CT-822

Driver Passed Out Asleep at Wheel in the Middle of the Roadway, Admits to Having
“A lot” of Alcohol, and Curses at Cops
No DUI Conviction!

Our Client was at a surprise party and drank too much vodka.  He was getting ready to leave and go home, when he passed out in his car, behind the steering wheel.  The police came up to the suspicious vehicle that had its headlights on, and our client sleeping in the front seat.  The keys to the vehicle were not in the ignition, but were laying on the passenger seat within the driver’s immediate reach.  After making contact, the officer noticed a strong odor of an alcoholic beverage and blood shot eyes on the driver.  The officer asked if our client had been drinking, where he responded that he had been drinking “A lot”.  The officer asked the driver if he would perform Standardized Field Sobriety Exercises, at which point he stated “no”.  Based on the observations, training and experience, the officer believed that the driver’s normal faculties were impaired by alcohol, where he was then placed under arrest. While being escorted to jail, our client became extremely belligerent uttering curse words at the officer. 

RESULT:   The attorney convinced the prosecutor to drop the DUI charge.  No DUI Conviction!

Internal Ref# 2009-CT-19243

Driver Caught Speeding, Fail Field Sobriety Tests Escapes DUI Conviction with a Reduced Charge Involving No Conviction.
No DUI Conviction!

Client was charged with DUI, after being caught speeding 40 mph in a 25 mph zone. The officer, that conducted the traffic stop, smelled a strong odor of an alcoholic beverage coming from the driver’s breath.   It was also observed, that the driver had blood shot watery eyes, and his face was flushed. When asked by the officer if he had been drinking, our client denied the charge, to then admit that he “had three or four beers.”  The officer informed our client that he would be conducting a DUI investigation.  After agreeing to field sobriety exercises and failing, he was placed under arrest for DUI and transported to jail.

RESULT:  The attorney successfully negotiated on behalf of our client, that the State reduce the DUI charge to reckless driving, resulting in a small fine and minimal court costs.  No DUI Conviction!

Internal Ref# CTC0946396MM

Out of State Drunk Driver on Reckless Driving Rampage, Discarding Lit Cigarettes, Swerving and Nearly Striking Vehicles on the Road.
No DUI Conviction!

Client was arrested and charged with DUI, after he was pulled over for throwing lit cigarettes out of his car window, swerving, and nearly striking another vehicle on the road.  The officer explained the reasons for the stop, and our Client was asked how much alcohol he had consumed, where he responded; “three beers.”  The officer then suspected that he was impaired, asking him to submit to a series of field sobriety exercises, where he had agreed, and allegedly failed.  The exercises were video- taped by the officer, and submitted into evidence.   After a request was made, our Client refused to submit to a breath test, he was then read the Miranda Warning, and taken into custody.

RESULT:  The attorney argued diligently, that after reviewing the video-taped field exercises, our Client did not fail the test, that in fact, he passed with “Flying Colors”. 
No Drivers License Suspension!  No DUI Conviction!

Internal Ref# 2009-1794A1

College Student Driving Down the Wrong Side of the Street, Fails Field Sobriety Exercises, Refuses Breathalyzer.
No DUI Conviction!

Client was arrested for DUI after allegedly driving down the wrong side of the street, driving over a median, and running a stop sign.  FSU police alleged that our Client had an overwhelming odor of an alcoholic beverage coming from the facial area.  It was also alleged, that he had bloodshot eyes, and swayed when standing.  After being asked if our Client had consumed any alcohol, there was an admission of, “Ya, like two beers.”   He was then asked if he would consent to a series of voluntary field sobriety exercises, where our client responded, “No. No way!”  Immediately after, he was read an implied consent, and requested to submit to a lawful test of his breath, this request was denied.  Based on the personal observations made by the officer, our client was placed under arrest for DUI.

RESULT:   The attorney argued that with the absence of field sobriety exercises, and the refusal to take the breathalyzer, observations made were that of the officers personal opinion, due to this, our client avoided multiple criminal convictions.  No DUI Conviction!

Internal Ref# 2009-CT-16566-0

Client Blows .270, Over 3 Times the Legal Limit, and Fails Field Sobriety Tests:
CASE DISMISSED!

Our Client was pulled over for erratic driving and an expired tag.  It was observed by the officer that the driver had blood shot and watery eyes and a strong odor of alcohol.  It was determined after failing the Field Sobriety Exercises where the client blew a .27 on the breathalyzer that the driver was intoxicated and arrested for DUI.

RESULT:  The attorney in this case was successful at convincing the prosecutor to agree to a dismissal of the charge in exchange for his participation in some DUI classes.  After class participation the will then be dismissed with no license suspension.

Internal Ref# 09-CT-506114

FAILING TO MAINTAIN SINGLE LANE RESULTING IN A DUI ARREST:  DROPPED!

Client was stopped by a DUI task force officer for riding on, or crossing over the fog line five times within a mile.  Additionally the officer observed a strong odor of alcohol, bloodshot and glassy eyes; stumbling on his words as he spoke; swaying from side to side, all six clues on the HGN (Horizontal Gaze Nystagmus) exercise.  The officer had to instruct our client a few times to not move his head; on the heel to toe exercise he lost his balance; fell off of the line.

Internal Ref# CS09KF11-06

Defense Obtained NO CONVICTION from the Court prior to Urinalysis Results

Officers stopped a driver for failing to maintain a single lane of traffic. The driver exhibited signs of intoxication and agreed to participate in sobriety testing. The driver failed roadside testing and blew .04 breathalyzer test. The driver also agreed to take a urinalysis test. Officers arrested the defendant for DUI.

RESULT: The defense negotiated with the State over the fate of the client. The attorney obtained a reduced reckless driving charge prior to the results of the urinalysis test. The client agreed, resulting in NO DUI CONVICTION!

Internal Ref# CS09KF012-02

Driver Stopped for Cutting off Police Cruiser at 4:30 AM; Arrested for DUI
Found NOT GUILTY by Jury!

Officers initiated a traffic stop on a driver who cut off a police cruiser at 4:30 a.m. The driver exhibited signs of intoxication and admitted to drinking at a friend’s home. The officers claimed that the driver had difficulty standing, swayed when he walked and failed field sobriety testing. The driver refused to participate in a breath test and officers arrested him. The driver faces criminal charges of DUI.

RESULT: The defense believed in the innocence of the client and brought the case to trial. The attorney argued the validity of the officers’ claims partnered with the arrest video. The defense claimed the police made a bad DUI arrest and the jury agreed. It took 14 minutes for a jury to find the defendant NOT GUILTY!

Internal Ref# CS09KF11-25

Driver High on 4 Medications Charged with DUI After Running Over 5 Mailboxes
NO CONVICTION and NO DRIVER’S LICENSE REVOCATION!

Officers were called to the scene of a hit and run accident. The driver allegedly crashed into 5 separate mailboxes and then fled the scene. The driver allegedly acted odd and had dilated eyes. The defendant submitted to a urine test and authorities found 4 prescription medications in her system. Officers arrested the driver for DUI.

RESULT: The defense entered into heated negotiations with the State over the fate of the client. The attorney challenged the evidence against the client and proved the prosecution could not secure a conviction. The attorney prevailed with NO DUI CONVICTION and NO DRIVER'S LICENSE SUSPENSION.

Internal Ref# CS09KF11-17

5 Time DUI Offender Stopped at Sobriety Checkpoint; Blows .239 & .209
No DUI Conviction!

A driver entered into a DUI checkpoint and failed to stop as requested. He handed the officer a credit card rather than his driver’s license. The driver failed field sobriety testing and submitted to breath testing. He possessed a blood alcohol content of .239 and .209. Officers arrested the driver for his fifth DUI offense.

RESULT: The defense filed a motion to suppress the constitutionality of the DUI checkpoint hosted by the police. The State offered a reduced charge of reckless driving instead of moving forward with the attorney’s motion. The defense prevailed on behalf of the client with NO DUI CONVICTION!

Internal Ref# CS09KF11-16

Defendant Stumbles Out of Car, Admits to Drinking and Refuses Breathalyzer
No DUI Conviction and No Probation!

Officers stopped a driver for making an improper right hand turn. The driver exhibited signs of intoxication and had difficulty exiting his car. He admitted to drinking beer earlier in the evening and failed field sobriety testing. The defendant refused to participate in a breathalyzer test. Officers arrested the suspect on charges of DUI.

RESULT: The attorney questioned the reliability of the videoed sobriety testing and entered into negotiations with the State. The defense successfully negotiated the case down from DUI to reckless driving resulting in NO DUI CONVICTION, without the client receiving a probation sentence!

Weaving Driver Blows .115 & .121 Breathalyzer; Arrested for DUI
NO DUI CONVICTION!

Officers initiated a traffic stop on a driver weaving in and out of traffic. The police recognized the driver exhibited classic signs of intoxication: the smell of alcohol, slurred speech, bloodshot and glassy eyes. The defendant agreed to participate in field sobriety testing and failed. He also consented to a breathalyzer test and it registered at .115 & .121. Officers arrested the defendant on charges of DUI.

RESULT: The defense immediately obtained a copy of the arrest video from the patrol car of the police on scene. The attorney questioned the validity of the officer’s claims and filed a motion to suppress evidence challenging the arrest video. The State concurred and offered a reduce charge in exchange for a plea. The defense prevailed for our client with NO DUI CONVICTION!

Internal Ref# CS09KF10-08

Client Admits to Drinking 4 Vodka Cocktails, Fails Field Tests & Blows over the Legal Limit: NO DUI CONVICTION and NO CONVICTION ON THE REDUCED CHARGE!

Officers witnessed the defendant swerving in and out of his designated lane. The police noticed that the driver exhibited signs of intoxication. He later admitted to consuming four vodka cocktails and agreed to participate in roadside sobriety testing. The driver also possessed a blood alcohol level of .08 and .081. The police arrested the suspect for DUI and ticketed him for failing to maintain a single lane.

RESULT: The defense challenged the arresting video of the field sobriety tests obtained by police. The attorney moved forward with trial. The State reduced the charges against the client and the Court found no formal finding of guilt resulting in NO CONVICTION! The defense also obtained a DISMISSAL of the traffic ticket!

Internal Ref# CS09KF10-29

Officers Arrest Client after Passing Out Behind the Wheel of his Running Car:
Charges DISMISSED!

Bank employees’ contacted police after a suspicious vehicle with a sleeping driver was parked in their parking lot. Officers smelled alcohol on the suspect and requested he partake in field sobriety testing. The cops reported that the driver failed testing and blew .116 & .109 breathalyzer test. Officers arrested the defendant and charged him with DUI.

RESULT: Theattorney argued that the client did not violate the law besides illegally parking in a parking lot. The defense referenced case law to the prosecution that the evidence was subject to suppression. The State agreed and declined to prosecute the case resulting in a DISMISSAL of all charges.

Internal Ref# CS09KF08-26

Officers Arrest Driver Passed Out at the Beach; Charged with DUI:
NO DUI CONVICTION!

Officers initiated a stop on a driver illegally parked at the beach in the wee hours of the morning. The police started a DUI investigation, requested field sobriety testing and the driver refused breath testing. The officers arrested the defendant on charges of DUI.

RESULT: Thedefense filed a motion to dismiss the charges based on the lack of evidence on the client’s driving pattern, breath result or video of field sobriety testing. The State offered a charge reduction in lieu of moving forward with the hearing on the motion. The client chose to accept the plea deal resulting in NO DUI CONVICTION!

Internal Ref# CS09KF08-28

Driver Risks Future in Armed Services with DUI; Blows .104
NO DUI CONVICTION!

Officers witnessed a driver weaving within his lane and crossing over the dividing lane line on multiple occasions. The driver failed field sobriety testing and submitted to a breath test. The driver blew .104 & .014 breathalyzer results. Officers arrested the driver on charges of DUI.

RESULT: The defense negotiated the case with the State. The defense moved forward with trial on behalf of the client. The attorney persuaded the State to reduce the charges based upon the impending trial and the future of the client in the armed services resulting in NO DUI CONVICTION!

Internal Ref# CS09KF09-22

Driver Arrested for Third DUI blows .138 and for Driving All Over Road:
NO DUI CONVICTION!

A driver entered into a DUI checkpoint and the officers noticed signs of intoxication. The driver failed field sobriety testing and submitted a breath test. The driver blew .134 & .138 breathalyzer results. Police arrested the driver on his third offense of DUI.

RESULT: The defense filed a motion to suppress evidence based upon the constitutionality of the DUI checkpoint. The State offered a generous deal based upon the motion of the defense and reduced the charges resulting in NO DUI CONVICTION!

Internal Ref# CS09KF09-24

Third Time Offender Smacks into Toll Booth Walks Away with NO DUI CONVICTION!

Officers witnessed a driver traveling 3-5 mph in a 45 mph zone, straddling the lane divider and swerving from right to left. The officer initiated a traffic stop and the driver exhibited signs of impairment. She failed field sobriety testing and refused to participate in a breath test. Officers arrested and charged the defendant with herDUI offense within 10 years.

RESULT: Theattorney moved forward with trial preparations. The defense argued that the client’s diabetes caused her impairment behind the wheel. The defense successfully negotiated a plea of reckless driving plea resulting in NO DUI CONVICTION!

Internal Ref# CS09KF09-29

Defendant Driving on Xanax Passed Out in Patrol Car following Arrest:
Charges DROPPED!

Officers were notified of a hazardous driver. The driver exhibited signs of intoxication and failed field sobriety testing. The police arrested the driver on suspicions of DUI. The driver passed out in the patrol car on the way to the jail and during the booking process. She blew .00 and .00. Officers brought in a drug recognition expert to evaluate the suspect and determined her to be under the influence of a CNS depressant.

RESULT: The defense determined that the client unknowingly tookXanax instead of aspirin when she had a headache. The defense believed in the client’s innocence and moved forward with trial. Theattorney proved the State’s case lacked evidence resulting in the dropping of all charges!

Internal Ref# CS09KF09-29

Driver Blew .085 & .083 Over Three Hours Following Arrest for DUI:
NO DUI CONVICTION!

Officers were contacted by a concerned citizen over a possible drunk driver. Police observed a driver bouncing in and out of his lane and initiated a traffic stop. The driver exhibited signs of intoxication and failed field sobriety testing. The driver agreed to provide a breath sample and blew .085 and .083 over three hours following the traffic stop. The police arrested the driver on charges of DUI.

RESULT: Thedefense believed in the innocence of the client and brought the case before a trial. The attorney convinced the State that their case lacked evidence and reduced the charges against the client resulting in NO DUI CONVICTION!

Internal Ref# CS09KF10-12

Driver Almost Hits Light Pole & Becomes Aggressive Inside Patrol Car:
NO DUI CONVICTION

An officer observed an aggressive driver straddling a lane marker, accelerating rapidly, turning abruptly and almost hitting a light pole. The officer stopped the driver and smelled alcohol on his person. The driver agreed to perform field sobriety exercises and failed. The officer arrested driver forDUI and the defendant lost control. He violently banged his head on the glass and cage of the patrol car on his way to jail where he refused breath testing.

RESULT: Thedefense filed a motion to dismiss the case based on missing video evidence of the client’s arrest. The prosecution offered to amend the DUI charges down to reckless driving in lieu of proceeding with the defense’s motion, resulting in NO DUI CONVICTION!

Internal Ref# CS09KF10-13

Driver Cannot Maintain Single Lane and Admits to Drinking:
NO DUI CONVICTION!

Police witnessed a driver having difficulty maintaining a single lane and initiated a traffic stop. The driver exhibited signs of intoxication and admitted to drinking. He staggered out of his vehicle in an attempt to complete field sobriety testing. He failed testing and refused to submit to a breathalyzer test. Police arrested the defendant on charges of DUI.

RESULT: TheDefense believed in the client’s innocence and brought the matter to trial. The Attorney proved to the prosecution their case lacked sufficient evidence. The charges were amended to reckless driving resulting in NO DUI CONVICTION!

Internal Ref# CS09KF10-05

Driver Stopped at Checkpoint, Admits to Smoking Pot, Tests Positive forMarijuana:
NO DUI CONVICTION!

A driver entered into a DUI checkpoint. Officers noticed that the driver exhibited signs of intoxication. He failed field sobriety testing, breath tested and blew .00. Officers brought in a drug recognition expert who requested a urine test and determined the driver to be under the influence of marijuana. Officers arrested the defendant for driving under the influence.

RESULT: Thedefense filed a motion to suppress based on the constitutionality of the DUI checkpoint. In an effort to avoid an additional hearing, the State amended the charge resulting in NO DUI CONVICTION!

Internal Ref# CS09KF09-17

Driver Involved in Crash Arrested for DUI and Possession of Drug Paraphernalia:
NO CONVICTION AND NO LICENSE REVOCATION!

Officers arrived on the scene of an accident. One driver acted impaired and officers requested she participate in field sobriety exercises. The driver failed testing and agreed to submit to blood testing. A search of the inside of the vehicle yielded the discovery of spoons and heroine. Officers arrested the driver on charges ofDUI and possession of paraphernalia.

RESULT: Thedefense aggressively challenged the evidence against the client. The attorney convinced the State to amend the DUI charges and the Court ruled no formal finding of guilt on the possession of paraphernalia charge. This resulted in NO DUI CONVICTION and NO LICENSE REVOCATION!

Internal Ref# CS09KF10-06

Aggressive Driver Charged with DUI: NO DUI CONVICTION!

Florida Highway Patrol stopped a driver after witnessing him weave in and out of traffic in an unsafe matter. The officer noted the driver smelled of alcohol and exhibited signs of intoxication. The driver refused sobriety testing and subsequently arrested for DUI. The driver then became aggressive with officers, screaming racial and derogatory names. The driver now faces charges of driving under the influence.

RESULT: Thedefense convinced the State the case lacked evidence to secure a conviction based on the varying degrees of the client’s behavior at the time of the arrest. The defense argued the client had one bad night and is not a repeated law breaker. The State reduced the charges resulting in NO DUI CONVICTION!

Internal Ref# CS09KF08-18

Defendant Charged with Second DUI after Driving through Checkpoint

Driver entered a sobriety checkpoint. The officer noticed the driver smelled of alcohol and exhibited signs of intoxication. He failed field sobriety testing and possessed a blood alcohol content level of .118 and .117, well above the legal limit of .08. Officers arrested the defendant and charged him with DUI, second offense.

RESULT: Thedefense filed a motion to suppress evidence based on the constitutionality of the checkpoint. The defense convinced the State to avoid an additional hearing on the motion in exchange for reducing the charges resulting in NO DUI CONVICTION!

Internal Ref# CS09KF08-18

Hummer Runs Two Red Lights; Arrested for DUI
NO DUI CONVICTION

An on duty officer witnessed a black Hummer run two red lights. The officer initiated a traffic stop and noted that the driver appeared under the influence. The driver failed field sobriety testing and refused to submit to a breath test. Officers arrested the driver on charges of DUI.

RESULT: The defense argued the client’s good driving history and lack of sufficient evidence without breathalyzer results. The defense persuaded the State to reduce the charges resulting in NO DUI CONVICTION!

Internal Ref# CS09KF06-27

Driver Failed Field Sobriety Testing and Charged with DUI
Jury Found Client NOT GUILTY on Charges!

An Officer observed a Driver weaving in and out of lanes and cross the white line into oncoming traffic on five separate occasions. The Defendant stopped at a green light when the Officer initiated a traffic stop. He allegedly told the officer that he had three glasses of wine and responded "I can’t do that sober," after hearing thesobriety test instructions. The Deputy reported that the suspect failed both of the one legged stand test and the walk and turn test. The suspect was taken into custody where he refused to submit a blood alcohol content sample. He faces charges ofDUI and Refusal to Sign Citation.

RESULT: The Attorney brought the DUI case before a jury trial. The Defense strategically proved to the jury that the Officer performed a bad DUI investigation and cast doubt on the information presented by the Prosecution. The Defense Attorney proved to the Court that the Case against the Client lacked sufficient evidence to retrieve a conviction and the jury found the Client NOT GUILTY.

Internal Ref# CS09RJ07-28

Driver Arrested with Blood Alcohol Content Twice the Legal Limit
NO CONVICTION!

A Driver allegedly operated a motor vehicle while under the influence of alcohol. An Officer observed theDriver while he remained stopped at a green light.During the observation the Officer noted that the Defendant was passed out at the wheel. A DUI investigation was conducted and the Defendent taken into custody.
RESULT:The Attorney for Musca Law successfully negotiated a generous plea to reckless driving. The client did not receive a DUI conviction.

Internal Ref# CS09RJ07-13

Driver Arrested for DUI First Offense, Bench Warrant & Driving on Suspended License
NO CONVICTION!

Police accused the Defendant of unlawfully driving a vehicle under the influence of alcoholic beverages. He submitted to a breath test that registered above the allowed limit. Police also charged the Defendant with operating a vehicle on a suspended drivers license and for an outstanding bench warrant.

RESULT:The Attorney successfully challenged the charges against the Client,resulting in NO DUICONVICTION. TheAttorney also persuaded the Court to aside the bench warrant and dismissed the charge.

Internal Ref# CS09KF06-29

Driver Fled Crash and Blew .233 & .235
Charges DISMISSED!

Police were contacted after a driver involved with a crash allegedly fled the scene. Police located the Defendant in a nearby parking lot. Police stated that the Defendant had slurred speech, glassy eyes and smelled of alcohol. The Driver failed Sobriety Testing and submitted a breath test. The suspect blew .233 and .235; this is over 3 times the legal limit of .08.

RESULT: The Defendant faced serious charges of DUI, including: DUI with Personal Injury, DUI with Property Damage; Leaving the Scene of a Crash, Failure to Change Address within 30 Days and Failure to Use Due Care with regard to Crash. The Attorney obtained a copy of the arrest video and took depositions to prepare for Court. The Defense convinced the State to DISMISS the charges of Leaving the Scene of a Crash, Failure to Change Address and Failure to Use Due Care. The atttorney negotiated only the bare minimum penalties for the DUI offense.

Internal Ref# CS09KF06-29

Defendant Facing Prison for 5th DUI Arrest
No Prison Sentence!

An Officer witnessed a Driver traveling at a high rate of speed, lose control of his vehicle and collide with a tree. The Officer suspected alcohol impairment after noticing the Defendant had slurred speech, smelled of alcohol and wore club wrist bands. The Defendant submitted to blood testing and his blood-alcohol level registered as .224 and .226: almost three times over the legal limit of .08. The Police charged the Defendant with DUI(Fifth Offense) Driving on a Suspended License, Reckless Driving, No Valid Driver's License.

RESULT: The Defendant faced a 5-year prison sentence for his crimes, including his fifth offense of DUI. The Attorney worked tirelessly for the Client to avoid prison time. The Defense Attorney negotiated a generous plea deal for the Client resulting in NO PRISON SENTENCE!

Internal Ref# CS09KF06-23

Driver Pulled Over for Running Red Light & Confessed to Drinking; Arrested for DUI
No DUI Conviction and Running Red Light Charge DISMISSED!

An Officer witnessed a Driver run a red light and interrupting the flow of traffic. The Police initiated a traffic stop for the violation. Without prompting from the Officer, the Driver admitted that he was in route home after partying where he had consumed alcohol. The Defendant refused to submit to Field Sobriety Testing or a Breathalyzer Test. The Officer arrested the Defendant for DUI and cited him for running a red light.

RESULT: The Defense immediately entered into heated discussions with the State over the Client’s fate in the case. The Attorney requested a jury trial and continued talks with the Prosecution. Prior to the trial date, the Defense convinced the State that our Client and his passenger were prepared to testify contrary to the Officer’s statements. The attorney scored thelesser charge of reckless driving resulting in NO DUI CONVICTION and the State DISMISSED the red light citation.

Internal Ref# CS08MM02-12

Driver Found with Marijuana in his System Passed Out Behind Wheel & Crashed
All Charges DROPPED!

A Driver was involved in a single car accident with a toll plaza. Medics arrived and had to restrain the Driver because he was combative. The ambulance took the Defendant to the hospital for an examination. The hospital determined the Driver had diabetes and used an insulin pump. The hospital also found marijuana in the Driver’s system. The Police charged the Defendant with DUI and DUI with Property Damage.

RESULT: The Defense obtained expert testimony on Driver’s diabetic condition. The Doctor testified that the Client’s combative state was due to diabetic shock and a hypoglycemic event caused the driver to pass out prior to the crash. The Defense presented the details of the case to the Prosecution and the State agreed to DROP all charges against the Client.

Internal Ref# CS08MM02-20

Driver Under Influence of Prescription Pills Slams into Parked Car;
Charged with DUI, DUI with Property Damage & No Proof of Insurance
NO DUI CONVICTION & NO PROOF OF INSURANCE DISMISSED

A driver under the influence of prescription pills almost hit a pedestrian and crashed into a parked car. The Police responded to the scene. The Officer noticed the Driver had slurred speech, bloodshot/watery eyes and a difficult time keeping his eyes open. The Driver denied that he had been drinking, but admitted to taking prescription pills just hours before the accident. The Driver failed Field Sobriety Testing and agreed to a Breathalyzer Test. The Driver blew .00 and refused to submit to a urine sample. The Police arrested and charged the Defendant with DUI, DUI Property Damage and No Proof of Insurance.

RESULT: The Defense discussed the details of the case with the Prosecution. The Defense convinced the State that their case lacked sufficient evidence. The Defense believed in the Client’s innocence and moved the case forward to trial. The Court DISMISSED the charges of DUI and No Proof of Insurance. The Client entered a plea to a lesser charge and did not receive a DUI conviction.

Internal Ref# CS099MM04-21

Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka:
Trial Attorney Obtains NOT GUILTY Verdict by Jury

An eye witness alerted an off-duty Fish and Wild Life Officer to a vehicle driving recklessly in the neighborhood. The Officer searched the neighborhood in his unmarked patrol car for the suspect and spotted the Defendant. Reportedly, the Defendant ran a stop sign and parked his car on the side of the road. The off-duty Officer approached the Defendant as he stood near his vehicle. Noticing signs of impairment, the Officer reported a possible DUI to the local sheriff’s department. Defendant refused sobriety tests and was placed under arrest for DUI. Search of his vehicle revealed an open container, a bottle of Vodka and a nonprescription pill bottle containing Xanax.

RESULT: Attorney at Musca Law demanded a trial on the merits of the case, thereby forcing the State to prove their case beyond and to the exclusion of any reasonable doubt. The Defense attacked every aspect of the arresting officer’s contact with the Defendant and persuaded the jury to find the Defendant NOT GUILTY!Our Client is eligible to have his charges expunged.

Internal Ref# CS099MM02-20

Defendant Blows .137 & .128 DUI: NO CONVICTION!
Possession of Marijuana & Drug Paraphernalia: NO CONVICTION!

Defendant was stopped by police for driving over the speed limit. Police suspected alcohol intoxication and Defendant submitted to sobriety tests. He then submitted to a breath test with results of .137 and .128. Search of the Defendant’s vehicle revealed a pouch containing marijuana. Defendant was arrested and charged with DUI, Possession of Marijuana, and Possession of Drug Paraphernalia.

RESULT: The Attorney entered into firm negotiations with the Prosecution. The Client entered a plea to a lesser offense resulting in NO FORMAL FINDING OF GUILT on the charge of DUI. No Points were assessed to the Client's Driver's License and his License was Not Suspended. In addition, the Client did not get convicted of Possession of Marijuana and Drug Paraphernalia and is eligible to have his record sealed!

Internal Ref# CS09MM06-11

Client Accused of Leaving Toddler at Home with the Oven On to Make Fast Food Run;
Arrested for DUI & Child Neglect: NO CONVICTION ON DUI OR CHILD NEGLECT!

At midnight, our Client left his 2-year old daughter home alone with the oven on at 450 degrees. The Client left the child alone todrive to a fast food restaurant. In route, the Police pulled the Client over for driving without headlights. The Police arrested and charged the Client with DUI. The Police went to the Client’s home and found his 2-year old, sleepingdaughter with lasagna boiling over inside the 450 degree stove. The State also charged the Client with Child Neglect.

RESULT: The Defense Attorney brought the case before trial. The Attorney proved the Client had full ability to control his vehicle and exposed contradictions in Officer testimony. The Attorney also made evident to the Court that the child was found in sleeping, comfortable and in good health. The Court ruled in the Defense’s favor with NO CONVICTION on the charges of DUI and Child Neglect.

Internal Ref# CS08MM08-13

Driver Cannot Blow Breath Test; Arrested for DUI:
NO DUI CHARGES FILED BY STATE

A driver caused a traffic accident after he experienced diabetic ketoacidosis, a life threatening complication of diabetes. The Police felt that alcohol also contributed to the crash and investigated the driver for DUI. The Police requested a breath sample and informed the Driver he would lose his license if he refused to cooperate. The Driver submitted to a Breathalyzer Test and had difficulty completing it. The Police arrested the Defendant and charged him with DUI.

RESULT: The Defense aggressively challenged the facts of the case against the Prosecution. The Defense documented and presented to the Court that the Client suffered from many medical conditions besides diabetes that may have impacted the Breathalyzer Test. The Attorney persuaded the State not to file charges. The State DISMISSED the case against our Client.

Internal Ref# CS08MM08-06

Elderly Driver Nearly Hits Officer with Town Car; Charged with DUI
NO DUI CONVICTION!

A town car nearly struck a Police Officer assisting on a traffic stop. The Officer followed the driver and pulled her over after witnessing her weave in and out of traffic. During questioning, the 70-year driver admitted to drinking wine with lunch and acted confused as to her whereabouts. The elderly driver refused to participate in Field Sobriety Testing and was arrested. The elderly suspect wet herself in the Police cruiser and refused to submit to a Breathalyzer Test while at the jail. Police charged the Defendant with Driving Under the Influence and Refusing to Submit to a Breathalyzer Test.

RESULT: The Defendant hired Musca Law Firm to fight the charges against her. The Defense Attorney filed a Motion to Consolidate both charges against the Client and prepared for trial. The Court ruled in favor of the Defense dismissing the DUI charge and the Client entered a plea to a lesser charge. The Client is now eligible to have her records sealed.

Internal Ref# CS08MM01-17

Driver Stopped at DUI Check Point Charged with DUI, Refusal to Submit Breath Test & Seatbelt Violation: NO DUI CONVICTION; BREATH TEST AND SEATBELT VIOLATION CHARGES DROPPED!

The Police pulled the Defendant over at a DUI Check Point. The Officer noticed that the Defendant smelled of alcohol, stumbled when he walked and had slurred speech. The Defendant performed the Field Sobriety Testing and refused a Breathalyzer Test. The Defendant was arrested and charged with DUI, Refusal to Submit to a Breathalyzer Test and cited on a Seatbelt Violation.

RESULT: The Defense believed in the Client’s innocence and requested that the case go before a jury trial. The Defense convinced the Prosecution that their case lacked sufficient evidence and the Defense was prepared to prove it. The Prosecution DROPPED the Seatbelt Violation and the Refusal to Submit to a Breath Test charge. The Client entered a plea to a lesser chargeresulting in NO DUI CONVICTION!

Internal Ref# CS099MM01-12

Driver Passed Out in Car, Cannot Stand Up & Admits to Drinking; Charged with DUI:
NO DUI CONVICTION!

An Officer on patrol noticed a suspicious vehicle parked behind a neighborhood bar. Upon further inspection, the Driver of the vehicle is passed out and slumped over the steering wheel. The Officer bangs on the driver’s side window for several minutes before the Driver awakens. The Officer asks the driver to get out of the car and he responds by screaming, “I do not know how!” After receiving instructions from the Police on how to exit his car, the driver can barely stand up and reeks of alcohol. The driver admitted to Police he has been drinking and refuses sobriety testing. The Defendant was arrested and charged with DUI.

RESULT: The Defense Attorney successfully argued the Defendant’s motives while passed out in the car. The State was persuaded by the Defense Attorney to lessen the charges against the Clientresulting in NO DUI CONVICTION!

Internal Ref# CS099MM05-06

Slow-Moving Tourist Arrested on Rental Scooter: NO CONVICTION on Reckless Driving Second Offense and Refusal to Submit to Breathalyzer

A Key West vacationer had too much fun in the sun after a family reunion on his rented motor scooter. At 4:50 a.m., police pulled over a driver cruising 15 mph in a 35 mph zone and causing a traffic back-up on the beach streets. Police observed a lost vacationer, smelling of alcohol and having difficulty standing. The Defendant refused sobriety testing, and was then arrested and charged with Reckless Driving Second Offense and Refusal to Submit Breath Test.

RESULT: Attorney Musca successfully negotiated terms with the State Attorney under nearly impossible circumstances, and was able to obtain a DISMISSAL of the Reckless Driving Second Offense charge and NO FORMAL FINDING OF GUILT on the Refusal to Submit to Breathalyzer charge.

Internal Ref# CS099MM04-27

Vietnam Vet Swerving in Camper; Charged with DUI: NO DUI CONVICTION!

An informant contacted the Police of a noticeably intoxicated elderly driver leaving a local establishment. Police initiated a traffic stop and claimed the Defendant smelled of alcohol, had bloodshot and watery eyes, slurred speech and difficulty with balance. The Officer requested that the Client participate in a Field Sobriety Testing and the Client agreed. The Defendant explained to the officer that he sustained a leg injury from the Vietnam War and took 8 prescription medications daily for pain and the treatment of Post Traumatic Stress Disorder. The Client poorly walked the white line and then placed under arrest and charged with DUI. The Defendant submitted breath and urine samples at the jail. Both samples registered below the legal limit for alcohol consumption.

RESULT: The Attorney tirelessly researched the side effects of the Client’s prescription medications and filed motions preventing some of the State’s evidence from being included into testimony.The Attorney's strategy resulted in NO DUI CONVICTION!

Internal Ref# CS099MM04-24

Distracted Driver Playing on Cell Phone Swerves onto Sidewalk; Charged with DUI:
NO DUI CONVICTION!

A distracted driver playing on his cell phone at 1:00 a.m., drifts out of his lane and onto the white line. A Police Officer turns on his lights to initiate a traffic stop and the driver abruptly pulls over onto a neighboring sidewalk. The Officer observes that the driver is off balance and sluggish, has watery eyes, slurred speech and smells of alcohol. The driver agrees to perform a field sobriety test and performs poorly. The Defendant is placed under arrest for DUI and then refuses to submit to a Breathalyzer Test at the county jail.

RESULT: The Attorney used the police car’s video tape to determine that the officer on duty did not have enough evidence to initiate a traffic stop upon the Client. After being placed under arrest, the Client chose not to take a breath test; resulting in no evidence of him being under the influence of any substance. The charge of DUI was REDUCED! The Client is now eligible to have his record expunged.

Internal Ref# CS099MM03-19

Stopped for Driving Below the Speed Limit Results in DUI Arrest:
Aggressive DUI Defense Results in NO CONVICTION & NO LICENSE SUSPENSION!