April 2nd, 2012
People do not discuss bread and breathalyzer tests in the same conversation very often, if at all. However one man sought to change that trend. He conducted a study where he maintained a regular diet and consistently administered a breathalyzer test on himself. You may wonder what he hoped to achieve by conducting such a study, but what he found may shock you. His study found that when he consumed bread (of any kind); it registered on the breathalyzer with results no higher than 0.03 and 0.05. While these results are below the legal limit, it would not take too many alcoholic beverages to push the levels over the legal boundary. Think about this, if you consume a legal amount of alcohol and eat any kind of bread, you may be putting yourself at risk.
At a later date, another group of researchers tried out the same experiment that was previously discussed in order to refute the findings. Much to their chagrin, their findings were congruent with the result from the previous experiment. Both experiments proved that consumption of bread can increase blood alcohol content (BAC) levels. To further explain this anomaly, we need to consider the science of bread production. The main ingredient of bread is yeast. Yeast has to undergo a fermentation process in order for bread to be made. This is a process that also yields alcohol. Although most of the alcohol dissolves during the baking process, a measurable amount of alcohol remains in the bread until it is consumed. The compound Ethanol was also found to have an affect blood alcohol content (BAC) levels. Taking this into consideration the consumption of a soft drink, which contains Ethanol, may have an effect on breathalyzer results.
There is a high probability that if you consume any kind of bread and an alcoholic beverage in the same sitting, and you take a breathalyzer test immediately following, the testing could yield a faulty result as it would not truly determine your actual blood alcohol content (BAC) level. Please understand that we are not encouraging you to eat a loaf of bread, drink a bottle of wine and conduct a breathalyzer experiment on yourself. This is just another bit of corroborated evidence that proves that breathalyzer tests are unreliable. If you feel the previous discussion may apply to your case, please contact an experienced Florida DUI attorney who may be able to help.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252
Tags: Florida DUI
Posted in Florida DUI Breath Test | No Comments »
March 30th, 2012
We have probably all had some experience with roadblocks. Either you have been a driver, a passenger or, at the very least, you have seen roadblocks on TV. Roadblocks that are set up specifically to catch drunk-drivers are formally titled “sobriety checkpoints.” This type of roadblock permits law enforcement officers to set up a traffic stoppage, and to detain each motorist who passes by. The officer may check for valid driver’s licenses, proofs of insurance, and sobriety of drivers behind the wheel. However, as much as these checkpoints are utilized, they do not seem to be making a difference in deterring drunk-driving.
A prominent anti-drunk-driving activist group has published sobriety checkpoint numbers and the rates of DUI arrests on their website that are not particularly convincing. While it is not the purpose of the publication to report this kind of trend, it still proves, to some extent, that sobriety checkpoints are not performing the way they were meant to. Basically, these statistics show that states that utilize sobriety checkpoints have the same incidence rates as those states that did not use them.
There are only 10 states that do not use sobriety checkpoints, but of the 5 states with the lowest drunk-driving-related rates, 4 do not use DUI-specific roadblocks. On the other hand, out of the 5 states that have the highest drunk-driving-related mortality rates, 4 of them DO utilize DUI-specific roadblocks. These statistics seem to speak for themselves: sobriety checkpoints may not be effective in deterring drunk-driving. You could safely say that energy put into sobriety checkpoints may be better used elsewhere. That being said, please understand that we are not suggesting that you run through roadblocks whenever come across one. We are simply suggesting that sobriety checkpoints are not necessarily useful in the fight against drunk-driving. If you have any questions about drunk-driving in regard to your case, please contact an experienced Florida DUI attorney.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
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Posted in Florida DUI Roadblocks | No Comments »
March 29th, 2012
We all know that driving requires many things working together. Your car needs to be in working order with at least a little gasoline to ignite its engine. You, as the driver, need to be focused, ready to adapt and cognizant of other drivers out there doing the exact same thing. The question is, does a motorist need to be sober in order function safely behind the wheel of a vehicle en route? The answer is: Yes, of course, but we understand that there are times when things do not go as planned.
Driving while intoxicating is probably not the best idea ever. In fact, it’s an awful idea. We know that alcohol can slow your cognitive ability to a staggering pace. You may be someone who can hold your liquor, as the popular saying goes, but for some of us—Well, let us just say that we have a hard time putting one foot in front of the other after a fun, alcoholic-beverage-filled night. Digression aside, you need to remember to drink responsibly.
What about the recreational drug, marijuana? Is it possible to drive while “high” on this popular drug? During a recent study, two controlled samples were each given an intoxicating agent and instructed to drive. One group was given significant amounts of alcohol, while the other was given a set amount of marijuana. The group that was given alcohol was found to have difficulty acclimating to various conditions while in their driving environment. The other controlled group, who consumed marijuana, was found to perform adequately while driving in their environment. In fact, compared to the drivers who consumed alcohol, the drivers who were given marijuana were able to complete the entire driving course with very little difficulty, within their controlled setting.
The outcomes of this experiment seem to indicate that marijuana usage prior to operating a vehicle may not be as dangerous as the popular belief designates. However, that does not mean that it is safe to go out and drive after you have consumed a “joint.” Marijuana is still an illegal substance, and it is still powerful enough to obstruct your cognitive abilities to a certain degree. If you have been arrested for driving under the influence of any intoxicating substance, you should contact an experienced Florida DUI attorney.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Attorney
Posted in Marijuana DUI in Florida | No Comments »
March 28th, 2012
It is ubiquitous knowledge that humans have the same anatomy and physiology. While every human being has the same composition, every single life has different chemistry and genetics coupled to make a unique organism. Keeping this in mind, it is not a far stretch to conceive that people metabolize various substances at different rates. One such substance is alcohol. While alcohol metabolizes at varying degrees within all of us, it is also affected by other substances, e.g., materials inhaled while smoking cigarettes.
Studies have shown that smoking combined with consuming alcohol beverages can change blood alcohol content (BAC) values. This combination, which has become more and more popular, can trigger a faulty result when a breath test is administered to a person who has been simultaneously drinking alcoholic beverages and smoking cigarettes. The results rendered after such a test, given under similar conditions, may possibly be low enough to get someone out of a DUI-related arrest and subsequent charge.
A recent study, involving a sample group of smokers who drank alcohol prior to smoking cigarettes, has shown that when inhaled cigarette smoke is combined with consumption of alcoholic beverages, the cigarette smoke absorbs the alcohol from the bloodstream. This same study took the same sample of smokers and had them refrain from smoking cigarettes while they consumed alcohol. The results showed that the sample who smoked cigarettes while consuming alcohol had considerably less blood alcohol content (BAC) levels than the BAC levels that were obtained when the sample group did not smoke.
Generally speaking, breathalyzers are not made to detect only alcohol. These breath tests are often found to give a false reading, especially for smokers. In fact, breathalyzers are made to detect the molecular form of methyl, meaning it could detect anything containing significant amounts of methyl agents. For example, consider acetaldehyde, a compound yielded by the metabolism of alcohol and also a natural compound produced in small amounts by the human liver.
Please understand that this discussion of smoking and drinking is not a “how-to” on how to get away with drunk-driving. It is simply another example of how breathalyzer tests are not reliable in obtaining true blood alcohol content (BAC) values. If you wish to further this discussion or discuss any other issues pertaining to your case, please contact an experienced Florida DUI attorney.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Lawyer
Posted in Florida DUI, Florida DUI Breath Test | No Comments »
March 27th, 2012
If you are ever pulled over for a DUI-suspected stop, the law enforcement officer involved will probably ask you to submit to a breathalyzer test at some point during the stop. During this test, a sample will be extracted and analyzed. This sample could be saved by the officer and later used by the offender if the DUI-related stop led to a charge. However, many officers simply dispose of the sample and any evidence that may be used thereafter.
Additionally, the Supreme Court has ruled that an offender has no reasonable right to see the sample that was obtained. However, many states have recognized that an individual who is accused of such an offense is entitled to certain rights. These states have required that the law enforcement officer involved in the initial stop should tell the motorist that they are entitled to have a blood test and that the results may later be compared to the results obtained with the breathalyzer. In fact, California law states that any sample obtained from a breathalyzer will be disposed of and that any person who has to take the breathalyzer test should be notified as such.
California law also states that there would be an opportunity for a blood/urine test to be given. However, the reality shows that officers frequently opt not to disclose any of this information to the motorist. Instead, officers may skip over that notification and move along in other procedures involved in the charge. Subsequently, precedence has been set in courts based on the officer’s inaction. What you should know is that you are entitled to a blood/urine chemical test. Truthfully, you should also have access to any samples yielded during your initial breathalyzer test. We, the DUI defense team at Musca Law, will work hard to make sure your rights were protected and you received everything you were entitled to during your arrest. While you should always err on the side of caution in whatever situation you find yourself, you should request to speak to an attorney after you have been arrested. An experienced Florida DUI attorney will make sure your case meets the right end: a dismissal or a reduction in charges.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Attorney
Posted in Florida DUI Blood Tests | No Comments »
March 26th, 2012
In the event that you were arrested for a DUI-related offense, you might think that an official report concerning your charges would be unique to you and your case. However, this is not the case as more and more law enforcement officers have begun to use a template or pre-written form for each arrest. These reports are supposed to be specific to each motorist arrested, and because they are signed under oath by the arresting officer they are subject to any perjury charges. You might also think that being subject to perjury charges would encourage officers to not only submit genuine arrest reports, but to care about the reports and the implications they might carry.
The unfortunate reality is that if your case goes to court and the arresting officer has to testify in front of a judge he may very likely find himself at a loss for memory of the specific arrest. In this case, he will go back to the pre-written form/template that he filled out. Rather than filled out an official report that is specific to your case, complete with everything surrounding your case; the officer who arrested you may have decided to “cut corners” and fill out a form. Since the arresting officer probably will not remember the specifics about your case, he/she will quickly review the pre-written official report, hoping that the quick review will jog their memory. Only it doesn’t and the officer gives a testimony based on a faulty report. The officer then, in effect, perjures himself as he stands before a court of law and testifies under oath.
In a case originating in Florida, the defendant’s attorney successfully requested a court order from the Highway Patrol for any forms that the arresting officer used when the DUI arrest was conducted. The Highway Patrol turned over a document entitled “field sobriety test,” which appeared to be a template. This document appeared just you might expect a template to, including spaces to fill in the name of the driver, the weather conditions, the location of the stop and subsequent arrest, the environment the field sobriety test was given under and a very narrow empty section specifically designed for the officer to describe their observations during the field sobriety testing.
Typically, arrests do not occur as set sequence of events. There is no plotline or script to follow. Each arrest is different and unique to the offender. Unfortunately, official police reports pertaining to DUI arrest rarely, if ever, reflect this. An experienced Florida DUI attorney would work tirelessly on your case and refute any evidence deemed as misleading, including “templated” police reports.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: DUI lawyer in Florida
Posted in Florida DUI, Florida DUI Courts | No Comments »
March 23rd, 2012
When you think about the death penalty, you probably picture it being used on crimes that are examples of extreme moral depravity. We have all seen examples of the in movies, syndicated primetime television shows or in the plots of bestselling novels. We think of the death penalty being applied in cases of premeditated first-degree murder, and not, for example, vehicular homicide. When you hear of the unfortunate events of vehicular homicide, it is usually in the local new outlets. It brings to mind pain and regret, not depraved indifference. This is changing, however.
Various anti-drunk-driving campaigns have been able to successfully lobby in assorted legal venues the idea of the DUI murder. A “DUI murder” would not be like the perhaps understandable offenses of manslaughter or homicide. Instead, it would have the same implications as a murder charge. Usually, when a death occurs as a result of drunk-driving, the motorist would face involuntary manslaughter charges. If the “DUI murder” charge becomes law, the death would now be looked at as an unintentional act of murder caused by the reckless actions of the driver.
In a case that originated in California, a prosecutor sought the charge of second-degree murder for a drunk-driver, rather than the vehicular homicide statute that was already established by the California law. Ultimately, the prosecutor was successful and the defendant was found guilty of second-degree murder. The defense appealed this case to the California Supreme Court, but the court ruled in favor of the prosecution. This defendant was found by the court to have “depraved indifference for human life.” When the California Supreme Court explained its ruling, it reasoned that this motive is present in anyone who consumes so much alcohol that he or she becomes intoxicated, while knowing that he or she will have to drive sometime in the near future. The combination of impaired judgment and impaired physical facility is enough to reasonably assume they had the intent to disregard for the safety of others, or so the court reasoned. Added up, this explanation equals what the court calls “conscious indifference.” Another case that took place in 1997 demonstrates another example of prosecution to the fullest, harshest extent of the law. The prosecution successfully made their case and the defendant was found guilty of committing first-degree murder following a DUI that involved the unfortunate death of two people. The defendant was sentenced to life in prison without the possibility of parole, despite the best efforts of the prosecution, who had pushed for the death penalty.
Please contact an experienced Florida DUI attorney for more information regarding your rights and any options that may be available to you. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Lawyer
Posted in Florida DUI Homicide | No Comments »
March 22nd, 2012
You have probably noticed various checkpoints on the roadways during the holidays. These road blocks are there to ensure the safety of you and other motorists on the Florida roadways. These blocks are also called sobriety checkpoints and are frequently used by law enforcement officers to stop vehicles and check for drivers who have been drinking. These roadside checkpoints have been deemed constitutionally permissible by the Supreme Court. However, keep in mind that the Fourth Amendment of U.S. Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In fact, one Chief Justice thought this particular judgment was in violation of this Amendment, but the vote carried anyway. The Supreme Court was of the opinion that the public could benefit from sobriety checkpoints. However, since that decision sobriety checkpoints have not been used exclusively for checking for drunk drivers.
In the case of the City of Indianapolis v. Edmond, originating out of Indiana, the police were found using sobriety checkpoints to search for illicit drugs. Furthermore, it has been discovered that police departments have been using checkpoints to as a means to give citations and impound vehicles for drivers who do not have vehicle registrations or driver’s licenses. It is unlikely that the police will find a small number of drunk-drivers out of hundreds of drivers who pass through the checkpoints. However, citizens are taking a stand against what may be an abuse of authority.
In the case of Nora Ramos, she and her husband had their car impounded while on the way home from the hospital. Mr. Ramos drove his new family home because his wife was still under the effects of the pain medications she had received as a result of the C-section birth of her child. However, Mr. Ramos did not have a license. The Ramos family had their car impounded after he was found to be unlicensed during a roadblock. As a result, a week after the birth of their new baby, Nora and her 4 children had to walk 5 miles in order to get home. The Ramos family is now supporting a civil liberties group that seeks to ensure sobriety checkpoints are not used for anything other than checking for drinking and driving.
Additionally, California assemblyman Michael Allen has proposed a bill to limit sobriety checkpoints to only search for drunk drivers. He has stated that instead of only catching people who are drunk-driving, these checkpoints are also hurting others who were not drinking and driving. The Ramos family who was left stranded after their family vehicle was impounded is the perfect case-in-point for Mr. Allen’s argument. If you are ever in a situation where you have been detained during a sobriety checkpoint, an experienced Florida DUI attorney will strive to help you to deal with the consequences, no matter the details.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Attorney
Posted in Florida DUI Checkpoints | No Comments »
March 21st, 2012
Imagine driving down the highway in Orlando and seeing flashing red lights in your rearview mirror. You are being flagged down by a law enforcement officer to slow down and pull off to the side of the road. That spine-tingling feeling you are probably feeling is something that many of us feel when we are approached by law enforcement officials. This feeling of extreme anxiety is particularly present if you have been drinking at a party, restaurant or other location where alcohol was being served. You may feel at that moment that being stopped by an officer will definitely result in a DUI-related arrest, charge and subsequent conviction. However, this is a common misconception. Typically, many Orlando DUI-related stops do not result in arrest or subsequent conviction. Your conduct during the DUI-related stop is what makes all the difference between being able to get back to your life immediately or being charged with a DUI-related offense.
If you are ever pulled over in Orlando for a DUI-related stop, it is important to remember to have your driver’s license, car registration and car insurance card ready to hand over to the officer. If you have these items ready and within arm’s reach, it could diffuse any worries the officer may harbor and help the traffic stop progress amicably. This is especially important it you are not sure why you were stopped. The officer will then try to start conversation by asking the typical question of knowing why you were stopped. It is best to replay with a simple “no” in response to this question. The officer will be looking for any indication of inebriation, e.g., slurred speech or odor of alcohol. If the officer asks other questions it is important to be calm and amicable, however; you should not volunteer information that could incriminate you, e.g., stating that you “had a few drinks” or “ran two red lights.” You could also respond politely by stating you would prefer to speak to your attorney. While this request will not be granted by the officer since no arrest has taken place, it still suffices to answering the officer without giving away any incriminating evidence.
The officer may ask you to perform field sobriety tests or ask you to blow in a portable breath testing device commonly known as the “breath-a-lizer.” Understand that you are not required to submit these tests, especially if you think you may fail either one. In response to the officer’s request to perform either of these tests, you could ask if they are 100% accurate. This may present an opportunity to contact your attorney as the officer cannot legally make this representation. Under Florida’s Implied Consent law, you may have to submit a blood alcohol content (BAC) diagnostic chemical test in order to avoid further suspension of your driver’s license.
An experienced Florida DUI attorney will be able further explain these situations with you and discuss your rights and possible options for your case. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Lawyer
Posted in Florida DUI Stops | No Comments »
March 20th, 2012
The majority of our population is familiar with the peculiar mental and physical testing utilized by law enforcement officers during DUI investigations. These tests have been dubbed Standardized Field Sobriety Testing (SFST), and we have received numerous questions regarding this form of standardized testing. While many have some familiarity of these tests, few know the accuracy of these tests, the importance of these tests in DUI cases, or what their rights are if they were ever asked to perform these tests. We encourage you to contact our office at Musca Law to discuss any questions you may have regarding Standardized Field Sobriety Testing. However, we understand that you may want to seek your own information, which is why we have included several frequently-asked-questions regarding Standardized Field Sobriety Testing in Florida, as seen below:
- Am I required to perform SFST if a law enforcement officer requests that of me?
The answer to this question is an emphatic NO. Motorists who are pulled over are not legally bound to perform SFST. These tests are questionable in nature and it may be presumed that you will fail upon administration, which may be why the officer made this request. You should only agree to participation if you are sure you will pass, otherwise subsequent failure may be used at a later time in subsequent prosecution.
- What field sobriety tests will I be asked to perform if I am ever pulled over?
Popular belief holds that field sobriety tests include counting backwards or reciting the alphabet; however, these actions are not approved as “reliable indicators” by the National Highway Traffic Safety Administration (NHTSA). While these actions may not be deemed as “standardized,” some law enforcement officers may request participation regardless. That being said, there are only 3 Standardized Field Sobriety Tests that are approved by NHTSA:
- The “Walk and Turn”
- The “One-leg Stand”
- The “Horizontal Gaze Nystagmus Test (HGN Test)”
- How do I decline to perform SFSTs?
If you choose to refuse, you may legitimately ask the officer if the tests have been proven to be 100% reliable. They will have to admit that the tests lack 100% accuracy. This minimal conversation may make your refusal seem justified when presented to a jury. However, it is very important to keep any conversation with the officer to a minimum as they will want to observe any action that might implicate you, e.g., slurring your speech or the odor of alcohol.
- Are Standardized Field Sobriety Tests proven as accurate indicators in determining drunk-driving?
The NHTSA has approved the preceding 3 field sobriety tests; however, these tests are frequently proven to be inaccurate. The 3 approved field sobriety tests are shown to be reliable only 70% of the times they have been administered. At Musca Law, we know that this percentage is less than remarkable and will ensure that the presiding judge and jury know that, as well.
- Are there other defenses that might negate the impact of SFST results?
Standardized Field Sobriety Testing must be conducting in accordance with precise and explicit instructions that must be demonstrated during a DUI investigation. While law enforcement officers are bound by these procedures, the bitter truth is that some are either careless or not properly trained when they administer SFST. Also, some motorists simply lack the ability to successfully perform SFST due to previous health, coordination or physical disabilities; which is hardly a reason to prescribe a DUI charge.
It is important to remember that SFST is frequently inaccurate as an indicator of inebriation. If you are arrested and charged with a DUI-related offense, it is imperative that you have a skilled Florida DUI defense attorney who will explain the inaccuracy of SFST to a presiding judge or jury. We encourage you to contact an experienced Florida DUI attorney who will work tirelessly on your case. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI attorneys at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Florida DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Attorney
Posted in Field Sobriety Tests | No Comments »
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