The Jacksonville, Florida legal team at Musca Law gets results and below are some of the latest DUI case results.
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-507011
DUI 2nd Offender, Facing Jail Time, Blows. 11; Avoids 5 Year Driver’s License Revocation, Receives No Jail, and No DUI Conviction
As officers were completing a traffic stop, a dark colored Ford F-150 passed by at the regular posted speed when it failed to yield for an emergency. During that time, the patrol units had their rear lights activated, which were illuminated from all angles. The Ford F-150 failed to provide sufficient distance between vehicles, where the driver squeezed between passing traffic and the patrol car, prompting the officer to make a traffic stop, in violation of the Move Over Law. When in contact with the driver, the officer noticed a strong odor of an alcoholic beverage emitting from his facial area, bloodshot watery eyes, and slurred speech. When asked to step out of the vehicle the driver collapsed and fell to the ground. The officer had asked how much he had to drink, where he responded “I had 7-8 beers!” and “I guess that I am over the legal limit?” Field sobriety checks were administered, where our client had failed. After a 20 minute observation period, two breath samples were read, one at .09 and another at .11. Our client was arrested and charged with DUI and cited for the Mover Over Law violation.
RESULT: We filed a Motion to Suppress based on a violation of the multi-jurisdictional mutual aid agreement procedures and no probable cause for the stop. We were able to convince the State to amend the DUI 2nd, resulting in NO DUI CONVICTION!
Internal Ref# 09-CT-3845
Client Loses Control of Car, Flips Over Another Car, Severely Damages Both Vehicles, and Fails Field Sobriety Exercises; No DUI Conviction!
A Collier County Sheriff’s Officer was dispatched to the scene of an accident involving an overturned vehicle. Our client had been driving 30 mph when she lost control of her vehicle coming from around a corner. When approached by an officer she was confused as to what had happened and was worried about the well being of her dog. She had refused to be treated or transported by EMS. It was reported by the officer that our clients pupils were dilated and that she had an odor of alcohol emitting from her facial area. The officer asked if she had been drinking and she volunteered that she had three glasses of wine, and had taken the Bi Polar medication Clonopin. Our client performed the field sobriety exercises and performed poorly. Our client was then handcuffed (double locked) and charged with DUI –Property Damage.
RESULT: We convinced the State to drop the DUI charge. No DUI Conviction!
Internal Ref # 09-82CFMA
Client Charged with 4TH DUI; Carrying a Firearm, Curses Police Officer, Refuses Breathalyzer; ECAPES JAIL SENTENCE!
Officers responded to Applebee’s Restaurant in reference to a disturbance by an impaired individual. Contact was made with staff when the officer was advised that a female was causing a disturbance at the restaurant, but was getting ready to leave. Our client proceeded towards the door when the officers observed that she appeared impaired. After leaving the building and allegedly staggering to her car, she proceeded to enter the vehicle on the driver’s side and drove out of the parking lot. Officers proceeded to follow behind her, where they conducted a traffic stop. Officers requested that she take field sobriety exercises and a breath test. Our client refused. She was then asked if she was carrying a weapon, where she responded; “I have a firearm on me right now”. At that point a DUI arrest was made where our client was allegedly hostile, and uttered curse words at the officer.
RESULT: After diligent negations, our client received probation with minimal fines and NO JAIL or PRISON SENTENCE.
Internal Ref# CT-23578-W
Soldiers Military Clearance Hindered for Failure to Appear in Court on DUI Charge; Warrant Issued; No DUI Conviction!
Our client had been pulled over for driving without headlights, which led to a DUI investigation. When the officer approached the vehicle he had observed a strong odor of alcohol, however, his speech was not slurred. Our client participated in the field sobriety tests and performed poorly. He blew a .17 on the breath test. Client was arrested and charged with DUI. He was later arrested on an outstanding warrant for failure to appear in court. He contacted our office to resolve the case as it was causing issues with his Security Clearance with the United States Military.
RESULTS: During negotiations the State offered the minimum sanctions, but were convinced that they could apply the sanctions from the current date, instead of the earlier date, where the fines were lower and did not require probation. The attorney in this case informed the Court of his intent to file a motion to stay, as the client was stationed overseas. Instead of staying procedures, the court decided that DUI sanctions were close to impossible to complete while stationed abroad during war time. The State accepted these terms. 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!
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