Archive for the ‘Jacksonville DUI’ Category

DUI Smarts: Be Cautious About Your Social Media Activity

Thursday, August 26th, 2010

Facebook and other social media sites have become a prime place for prosecutors to gather evidence against DUI suspects in Florida and across the country. People, especially underage drinkers, feel posting pictures of themselves partying is harmless, but we are constantly seeing it come back to bite them. For example, if someone is arrested for DUI on 1-1-10 and pleads not guilty, a picture of them at a New Year’s party that night drinking alcohol can go a long way if the prosecutor gets their hands on it (and they will). There was even a story recently in which a juvenile girl was charged with DUI manslaughter where an alcohol related post on Facebook directly caused her to be sentenced as an adult. Apparently, the girl who was charged with killing her boyfriend driving drunk posted a picture of herself captioned ‘drunk in Florida’ just months after the crash. When the judge saw the photo he decided to charge her as an adult.

I am not condoning drinking and driving and I understand pictures of this nature seem OK because you never plan on being arrested for DUI in the first place. All I am saying is be smart. Is it really necessary to show the world (or your group of friends) you were up all night drinking?

Charged with DUI in Jacksonville? If so, one of our Jacksonville DUI lawyers can help you. Contact us today, free of charge.

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Questions to Ask After Failing Sobriety Tests

Sunday, August 22nd, 2010

After one fails a field sobriety test (e.g. walking a straight line) they often feel they are doomed to be convicted of driving under the influence (DUI), but that is far from the truth. There are many factors that can lead a judge to disregard a failed field sobriety test or test as evidence. If yes is answered to any of the below questions, your failed test may be thrown out.

  • Were police lights flashing in your eyes when you took a sobriety test?; if this is the case you may be in luck. Police lights (or strobe lights in general) can easily cause nausea, disorientation or other effects that mimic intoxication.
  • Was the ground you performed sobriety tests on level? Without a level surface to perform tests on police have no business asking you to do so in the first place. If they did, a judge should have no other option then to throw this piece of evidence against you out.
  • Were you wearing proper footwear? Without something like tennis shoes on it can be very difficult to perform certain field sobriety tests. If you were wearing dress shoes or high heels how can any balance test be taken seriously?
  • Was there roadside wind? A strong wind can be very distracting when performing any field sobriety test. It can cause you to lose your balance and possibly your concentration. Other weather conditions can also be taken into account.
  • Did the police officer properly instruct you how to complete the test? This is something a DUI suspect won’t likely know, but everything is caught on tape. Law enforcement is given strict instructions how to instruct and administer sobriety test. Failure to exactly do so will result in the failed test being thrown out as evidence.
  • Was the officer properly trained to administer the test(s)? Again, this is something a DUI suspect wouldn’t know, but can be discovered by doing a little research. Whether or not they administered the test(s) correctly, ill certification to do so will get them thrown out.
  • Do you have a medical condition that possibly effected the results of the test? A medical condition or disability is serious thing and commonly can have sobriety test results thrown out as evidence.

The point: There is never a good reason to take a DUI conviction laying down because of failed sobriety tests. If any of the above is true they may be disregarded as evidence and it will be like it never happened as far as they jury is concerned. However, you must hire an aggressive attorney that will acquire and ultimately use this information.

If you have recently accused of DUI in Jacksonville after failing a sobriety test we can help you. However, you must contact us within a timely manor to ensure we can conduct a thorough investigation of your case.

Contact a Jacksonville DUI lawyer at our firm today.

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Man Pleads Guilty to DUI Manslaughter, Avoids Vehicular Manslaughter Charge

Wednesday, August 18th, 2010

Man Pleads Guilty to Killing St. Johns County Deputy

A Jacksonville man has pleaded guilty to DUI manslaughter in a crash that left a St. John’s County deputy dead.

The defendant entered his plea Monday. The 27-year-old faces up to 15 years in prison at his sentencing next month. In exchange for the manslaughter plea, prosecutors agreed to not pursue a vehicular homicide charge.

Authorities say Deputy James Louis Anderson Jr. was headed to work in his patrol car in January when the defendant- who was driving in the wrong direction on a state highway – crashed head-on into the deputy. Anderson died shortly after the crash.

A blood test showed the suspect to have a blood-alcohol level of 0.158 percent, almost double the legal limit.

On occasion pleading guilty to lessen the charge as this man did is a good idea, but rarely. Because of how difficult it is to prove DUI manslaughter or vehicular homicide it’s almost always worth it to fight the charge.

Arrested in Jacksonville?

If you have been accused of drunk driving or a related criminal offense in Jacksonville you may be surprised at what we can achieve for you. With over 100 years combined experience, our attorneys know what it takes to overcome a Florida DUI charge. Contact a Jacksonville drunk driving lawyer at our firm today:

Duval County Office
841 Prudential Drive, 12th Floor
Jacksonville, FL 32207
Phone: 904-610-6545

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Jacksonville Officer Found to Have Nearly Spotless Record

Saturday, August 14th, 2010

A Florida Highway Patrol trooper who’s being reviewed about whether he gave an off-duty Jacksonville police officer involved in a crash special treatment has had a nearly spotless record for the past 29 years, according to his file.

The officer’s file is full of accommodations and letters praising his work.

The officer was dispatched to the accident in March involving Officer Lennell Boyer, who police later determined was drunk. The officer let Boyer go with only a careless driving citation because he said he didn’t think Boyer was drunk, even though the Jacksonville Sheriff’s Office police officers who first responded to the crash said Boyer was banging on a police car window, yelling, screaming, urinating on a police car floor and calling dispatch over and over.

The incident is being reviewed by FHP.

According to the officer’s file, he’s been involved in two accidents in his career.

Other things, however, that he was involved in include an incident in 2005 when a murder suspect from Tennessee was loose on Interstate 95. A passenger in the car held a gun up to another passenger and then aimed at police. One of those troopers was the officer, who was able to work with the team and calm down the suspect, which led to her arrest. The driver of the car was killed.

A letter from headquarters says his quick, alert and calm actions paid off that day.

And in relation to the wildfires in 2007, the officer was given a commendation for his help with residents and motorists along Interstate 10. He also has received several letters from motorists who said he has helped them when they broke down, and one even recommended he become Trooper of the Year.

The officer, who is now retired, said in a phone interview that he is proud of his record and he wishes he could apologize for the incident with the JSO officer.

For Now FHP continues their investigation, and the officer said the FHP has not yet contacted him about it.

If you are ever pulled over in suspicion of DUI (or involved in a suspected DUI related crash) don’t expect special treatment! Sometimes police will even charge a civilian DUI suspect without having enough evidence to do so in the first place. It is because of this that hiring a DUI attorney to protect your rights and fight for your freedom is essential when charged with Florida DUI. If you would like to learn about beating a drunk driving charge in Florida we welcome you to contact a Jacksonville drunk driving lawyer at our firm for a free and confidential consultation.

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Best Jacksonville DUI Lawyer

Wednesday, August 11th, 2010

Musca Law truly is Jacksonville’s best DUI law firm. If you have been charged call them at 904-610-6545 to schedule a free and confidential consultation today.

Free Consultation: 904-610-6545

Being charged with a Jacksonville DUI, for many, is an extremely stressful experience. The uncertainty of what is to come and the fear of being forced to pay insanely high fines makes this understandable. However, a DUI lawyer at our firm can make this a much less stressful time in your life.

Whatever occurred at the time of your arrest we are sure to be able to help. If you failed a breathalyzer, failed sobriety tests, admitted your guilt, etc. none of this necessarily makes you guilty. Because police often make mistakes when arresting those suspected of DUI, things of this nature can often be taken from evidence if a proper investigation (leave this to us) of your arrest is conducted in a timely fashion.

Best Jacksonville DUI attorneys

If you are serious about beating your Jacksonville DUI or related criminal charge you should waste no time contact a Jacksonville criminal defense lawyer at our firm. You may be pleasantly surprised at what our firm can achieve for you. To illustrate this point we post our case results online.

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Jacksonville Officer Suspended for Unbecoming Conduct, Not Charged With Criminal Offense

Saturday, August 7th, 2010

JACKSONVILLE, Fla — A Jacksonville Sheriff’s Officer was suspended for four weeks after an internal investigation upheld charges including unbecoming conduct related to a March traffic crash.

Charges of commission of conduct supporting criminal acts – D.U.I. with property damage; and unbecoming conduct against the officer were upheld, according to an JSO internal affairs report released today.

The officer was not charged with D.U.I., but told internal affairs he was drinking prior to the accident, according to the report.

The suspension was a result of a traffic crash involving the officer in his personal car on March 7.  Breath alcohol tests taken at the scene showed that he blew a .122 and .128, over the .08 legal limit, but those results could not be used against him criminally because of Garrity rights for police officers.
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Charged With DUI? Schedule Your Free Consultation ASAP

Wednesday, August 4th, 2010

If you have been charged with DUI in Jacksonville you are probably feeling confused about what the criminal justice system has in store for you. Those suspected of Florida DUI commonly lose their license unnecessarily (because they fail to schedule a hearing with the DMV), plead guilty to their charge unaware they could have fought and beat it and simply don’t realize what a DUI attorney can do for them. I’m here to tell you the first step you need to take after being charged with drunk driving in Jacksonville is scheduling a free consultation with a lawyer before it’s too late.

All the above mistakes can most likely be avoided by just contacting an attorney within a timely manor after your arrest. A good lawyer will thoroughly investigate the circumstances of your arrest and determine, based on his or her experience, what steps need to be taken in pursuit of justice for you.

If you are serious about beating your charge we welcome you to contact us for a free and confidential consultation either in person or by phone. However, as stated above we ask you do so ASAP. This is because the earlier we get involved, the better shot we have at succeeding with your case. Contact a Jacksonville DUI lawyer at Musca Law today:

Duval County Office
841 Prudential Drive, 12th Floor
Jacksonville, FL 32207
Phone: 904-610-6545 – Free Consultation!

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Duval County DUI Defense

Saturday, July 31st, 2010

Have you been charged with drunk driving in Duval County, Florida? If so, we may be able to help you!

Although it may see as if your DUI case is open and shut and you should plead guilty, that is most likely far from the truth. By investigating your DUI arrest and anzlyzing the prosectuion’s case, winning nearly every Florida drunk driving case is not only a chance, but a high probablility. When it comes to choosing an attorney you want our experienced and aggressive defense representation on your side. Your freedom is too important to trust to inexperienced lawyers.

Call our Duval County DUI attorneys at 904-610-6545 to see how we can help you.

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DUI Enforcement in Duval County Now Means Drawing Blood from Suspects

Wednesday, July 28th, 2010

JACKSONVILLE, Fla. — People suspected of driving under the influence now have a choice: Give a breath sample or face a court order for blood.

For the past year, the state attorney’s office in Duval County has been piloting a program that allows law enforcement to get search warrants for blood.

“You have the option to refuse the breath test still, but if you do that we are going to get the evidence anyway,” said Assistant State Attorney Rich Mantei.

Every day in the city between five and 10 people are arrested for driving under the influence. The numbers are less in neighboring Clay and Nassau counties.

The practice of getting judges to sign search warrants, sometimes in the middle of the night, is presently only being done in Duval County.

“It is not 24/7 year, right now…because there’s some manpower and budget things that go into it…but it is going to become a lot more common,” said Mantei.

Since the program began about a year ago, the state attorney’s office said 20 people arrested for driving under the influence have been ordered by a judge to give a blood sample.

Although blood testing is the most accurate of chemical testing, failing a blood alcohol test does not necessarily mean there is no way around being convicted. Issues such as chain of custody, the time it took to administer the test, etc. can come into play.

If you have recently been accused of drunk driving in Jacksonville don’t lose hope! Call our Jacksonville DUI lawyers for a free consultation (either in person or on the phone):

Duval County Office
841 Prudential Drive, 12th Floor
Jacksonville, FL 32207
Phone: 904-610-6545
Free Consultation!

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Trooper Says No Favoritism Paid to Other Officer

Monday, July 26th, 2010

JACKSONVILLE, Fla — The now retired trooper who investigated a crash involving a JSO Officer who later admitted to driving drunk defended the Florida Highway Patrol’s investigation.

Free Consultation: 904-610-6545

Stanley Petty told First Coast News that he did not administer a field sobriety test to Jacksonville Sheriff’s Officer Lenell Boyer because he did not see any signs that Boyer may have been driving impaired.

Boyer was suspended for one month without pay and was transferred to another department after the March 7 crash.

A blood alcohol test administered by Boyer’s supervisor after the Florida Highway Patrol finished its investigation revealed Boyer was over the legal limit when, while off-duty, he drove his personal car into the back of a street sweeping vehicle on I-95.

Due to Garrity Laws, JSO could not criminally charge Boyer with DUI.  FHP acted as the investigative agency in the case, and according to a JSO internal report, police officers told the FHP trooper on scene that Boyer may have been under the influence.

Stanley Petty said he was working the midnight shift for the Florida Highway Patrol when he got the call to respond to the crash.
(more…)

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