March 19th, 2012
Being pulled over for a DUI-suspected stop is not something that many motorists anticipate, so it is no surprise that many people are virtually ill-equipped to handle the complexities of a DUI-related stop or subsequent arrest. Your initial response upon being stopped may have a severe impact on whether you endure an arrest or subsequent charge and conviction. John Musca, an experienced Florida DUI defense attorney, understands that a motorist’s behavior and statements may have a lasting impact on any subsequent DUI-related prosecution. It is best to seek information concerning your rights and best interests with an experienced Florida DUI defense attorney; however, we understand that many would like to conduct their own research prior to seeking legal advice. That is why we have composed a list of our most frequently asked questions (FAQs) regarding how to handle a Florida DUI stop, as seen below:
- What is required of a police officer in order to stop me for a suspected DUI?
An officer needs more than a “gut-feeling” to suspect you are inebriated without definite evidentiary support of “reasonable suspicion” that you are participating in unlawful conduct. Generally speaking, the officer’s observance of any unlawful act, e.g. running a red light, driving in excess of the speed limit or driving without headlights/tail lights can be the basis for pulling you over. If you are pulled over without adequate cause, Mr. Musca may be able to have any evidence achieved at the time of the stop excluded.
- It is necessary to agree to take Field Sobriety Tests?
While there is no legal requirement that you agree to submit to the administration of Field Sobriety Tests, these tests do serve a purpose, albeit a very trivial one in nature. They are generally distinguished as an indicator of some degree of intoxication. It has been discussed that these tests are designed to be difficult and have no other purpose short of giving an officer a certain amount of evidence to support a DUI-related arrest and subsequent conviction.
- How should I respond if the officer asks if I have been drinking?
Admitting to drinking to a law enforcement officer is never advised. While you should not lie to the officer, you should try to keep the conversation to a minimum. The best way to respond is to state that you would rather not answer any questions until you have spoken with your attorney. Since you have not been arrested, the officer will probably not grant this request. The officer will likely try to ask you questions in order to obtain evidence that might provide a legal basis to start a DUI investigation. It is important to know that the officer will notice the smell of alcohol, slurred speech or red, watery eyes.
- Do I have the right to call an attorney?
Typically, unless you are in custody and are not free to leave, the right to have an attorney present is not applicable. Even though the officer may briefly detain you, they must have probable cause to arrest you.
We sincerely hope these questions and answers have helped in some way. If you wish for further explanation, please seek the help of our experienced jacksonvilleduiattorneys. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI lawyers at Musca Law have helped many people avoid the extremely harsh consequences of Florida DUI convictions. We invite you to contact a Jacksonville DUI attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Lawyer
Posted in First Time DUI in Florida, Florida DUI | No Comments »
March 16th, 2012
We, the DUI defense attorneys at Musca Law, understand that being arrested and charged for a DUI-related offense can be an enormous stress on your life and your upcoming future. We also understand that there is a certain amount of mystery that comes with a charge like that of a DUI, especially if you have never had this experience before. The best option in the case of being charged with a DUI-related offense is to seek the opinion of an experienced DUI defense attorney who will take the time to discuss your rights and any options that may be available to you. We know that the majority of you would like to conduct their own research first, which is why we have composed this list of frequently-asked-questions (FAQs) regarding BAC chemical testing in Florida DUI cases, as seen below:
- I blew over the 0.08% legal limit, what is the point of hiring a Florida DUI defense attorney?
There is a ubiquitous misconception that DUI charges are open and shut cases if the offender blew a breath test over the legal limit. This is not the case as there are many defenses that may be used, even if the breath test results came in over the legal limit. John Musca, an experienced Florida DUI defense attorney, may use any number of defense strategies including challenging the legality of the initial stop made by the arresting officer. If the arresting officer lacked the sufficient legal footing to make the initial stop, Mr. Musca may strive for suppression of what could be considered critical evidence, like some of the following:
- Field Sobriety Testing.
- Breath or chemical testing (blood and urine).
- Any incriminating statements or admissions of guilt.
- Any observations made by the officer at the time of the initial stop.
- Any evidence seized during a search of your vehicle.
- What is the rising blood alcohol defense?
Specifically, the law prohibits motorists to have a BAC (blood alcohol content) of 0.08% when they are driving, not at the moment that a chemical test is taken. Alcohol generally takes between 45 minutes and 3 hours to be absorbed into the body. That being said, the concentration of alcohol may persist in a forward motion even after the initial stop and subsequent arrest. There are instances where a considerable amount of time may pass between the initial stop and the administration of any chemical diagnostic tests. During this lapse in time, a BAC percentage may increase; even it was below the legal limit.
- Am I required to submit a diagnostic chemical test?
A motorist, who refuses to consent to diagnostic chemical testing, may face an administrative suspension of their license under Florida’s Implied Consent law. This law states that any motorist, who enjoys the privilege of driving on Florida’s roadways, is obliged to submit to diagnostic chemical testing. Any refusal to comply may earn a motorist a suspended license for a minimum of 1 year for their first offense. A second refusal may subject a motorist to a license suspension for a period of 18 months and possibly a misdemeanor conviction. Any refusal may also be used as evidence in your DUI case, if sent to court.
An experienced Florida DUI attorney may be able to help you with any of the previously discussed questions. 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 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 | No Comments »
March 15th, 2012
Jerome Babbit, Chief of the Federal Aviation Administration, was arrested in early December 2011 for a DUI-related offense in Fairfax, VA. It is also known that Mr. Babbit has taken a leave of absence in the wake of his arrest. The title that he carries of “Chief of the Federal Aviation Administration” brings only one thing to mind: the idea of safety. This person, of all people, should know better, or so they say. However, the bitter reality is that DUI-related arrests happen all the time and to some of the most prominent, well-standing people out there, e.g., lawyers, doctors, politicians and even judges. It may be easy to display some sort of disdain for this hefty list, but a much healthier attitude may be one of rehabilitation, i.e., counseling, education or other programs that are geared to help rather than to punish.
Mr. Babbit is prime example of how drunk-driving is not exclusive to one socio-economic group. This problem can hit anyone at any time despite their educational background and can be detrimental to anyone’s future. Many of our population, including those with very lucrative careers, have fallen victim to the consequences of DUI-related charges. If further convictions ensue, they may have an everlasting effect. For example, you could be headed for greatness at the very beginning of your career or at the very top of the totem pole of your company, and a DUI-related arrest may shatter everything you dreamed of accomplishing.
Imagine a young student headed for college. They get arrested for a DUI-related offense the summer before they start their first semester. They could be denied their admission to the college of their dreams or denied their awarded financial aid funds. Other students who are in professional graduate schools may face more dire circumstances. They may borrow up to several hundred thousand dollars to finance their professional education, e.g. law school. If they are arrested for a DUI-related offense, they could be denied their license to practice law, medicine, nursing, etc. This consequence could quickly become overwhelming as they graduate from their chosen professional school and are unable to get licensed to work in their chosen profession. They may get funneled into a career track that is less than fulfilling to their life or does not has the same earning potential that would have accompanied the profession for which they were educated. This situation may leave them in a financial impasse that they may struggle with for the rest of their lives.
Please keep in mind that a DUI-related arrest does not lead to a DUI-related conviction. A knowledgeable and diligent attorney may be able to explore numerous feasible defenses that may save you from the severe professional and educational consequences that may occur. If you find yourself in a predicament with a Florida DUI-related arrest, please contact an experienced Florida DUI attorney.
Tags: Florida DUI Lawyer
Posted in Florida DUI, Florida DUI Consequences | No Comments »
March 14th, 2012
“Innocent until proven guilty” is a phrase many of us have heard through the years. We have all seen it on various criminal justice shows and can empathize with the law to a certain extent. Then something happens to you. You get arrested for a DUI-related offense. It is no secret that any arrest can be humiliating and potentially detrimental to anyone’s reputation. To make matters worse, you could be in danger of disciplinary action from your employer if you have been arrested for a DUI-related charge. You might even face termination with your current employer as a result. We all know that you want your matter handled as quickly and discretely as possible. However, the information regarding your arrest gets out and you are forced to pick up the pieces of a situation you never wanted to be in.
One day, during your morning newspaper-and-coffee session, you come across your name under the “legal” section of the classified ads. Seemingly, the law has done the unthinkable and “jumped the gun,” as the famous saying goes. It seems as though prosecutors are taking a different approach away from the principle of “innocent until proven guilty” and publishing the names of those who were arrested for DUI-related offenses. “Counting their eggs before they hatch,” as seen by the recent press conference of Tarrant County’s DA Joe Shannon and ADA Richard Alpert, who announced that a new policy would be instituted where names of those who were arrested for DUI related offenses would be published on their website as what has been called a “shame tactic.” It has been discovered that a similar idea was used in Orange County, CA, but was later abandoned because of the unease about publishing the names of those who had not yet been convicted of a DUI-related offense. There is a possibility that the record of your arrest may be expunged, if you have been arrested and not convicted of a DUI-related offense. When your arrest becomes expunged, it is removed from the public record, and no longer available to the general population. This may prove to be important when a future employer or apartment manager searches for public records under your name.
We, at Musca Law, understand the importance of your character and the effects a DUI-related charge may have on your personal and professional life. That is why we will do what it takes to handle your case as proficiently and privately as possible. We will prepare a solid defense that may reduce the possibility of an ensuing DUI conviction, on your behalf. We will be nothing short of persistent in the pursuit of a dismissal or an acquittal of your case and will work equally as hard to retain a favorable plea agreement where your charges may be reduced when an acquittal is not foreseeable.
We understand that this may be a difficult time in your life and want to help you. From advising you on the best course of action to saving your reputation, we will be there. If you find yourself in a situation where you have been arrested for a DUI-related offense in the state of Florida, call us. An experienced Florida DUI attorney will work diligently to keep your best interests intact.
Tags: Florida DUI Attorney
Posted in Florida DUI Arrests | No Comments »
March 13th, 2012
If you have never been arrested or stopped for anything other than a minor traffic infraction like speeding, the first time you face the possibility of a DUI arrest is a humbling experience. Many times police officer exploit the feeling of intimidation and fear that accompanies an unfamiliar encounter with a police officer to build a DUI case against you. Frequently, the officer’s ability to build this DUI case is based on the ordinary fear that many feel when asserting their rights to a law enforcement officer. The bottom line is that asserting your rights and not being afraid to say “no” can have an enormous influence on whether you are charged and convicted of DUI in Florida.
When you are stopped by a police officer, the officer will immediately attempt to engage you in a conversation. This conversation is designed to provide an observation period so that the officer can determine if you exhibit physical signs of intoxication. While you should avoid being rude or confrontational, you should not participate in a conversation with the officer. The officer may ask you how much have had to drink or similar questions to elicit incriminating responses. Your only response should be that you would prefer not to answer any questions until you have had a chance to speak with a lawyer. The less you talk to the officer the better because he is listening to see if you slur your words and to determine if he can smell alcohol on your breath. The less you talk the better.
The officer may ask you to perform field sobriety tests or breath tests. You are free to decline to perform breath tests and generally, the prosecutor cannot comment on your refusal to the judge or jury. While you may refuse a breath test and should generally do so if you do not have a prior refusal, the prosecutor may comment on this refusal if you are fully advised of Florida’s implied consent law, including the fact that your refusal may be used in the case against you. It is sometimes not a bad idea to ask if field sobriety tests and the breath tests are proven 100 percent accuracy. The answer to both questions is no. This provides a legitimate basis to decline to take FSTs and a breath test that an experienced Florida DUI attorney can explain as perfectly reasonable to a jury.
Many people are afraid to take these steps because they presume the strategy of “just saying no” to a police officer will result in an arrest. While it is true that you might be arrested, this can only occur if the officer already has probable cause to support a DUI arrest. If the officer does have probable cause for a DUI arrest, then you are going to be arrested regardless of whether you refuse to cooperate with the police officer’s DUI investigation. However, you will have avoided admitting incriminating statements and providing evidence of failed FSTs or a failed breath test. This is the heart of the evidence that is used in most DUI prosecutions, which means that while just saying no may not keep you from a Florida DUI arrest it may prevent a Florida DUI conviction.
If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI defense attorneys at Musca Law have helped many people avoid the extremely harsh consequences of a Florida DUI conviction. We invite you to contact a Florida DUI defense attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Tags: Florida DUI Lawyer
Posted in Florida DUI, Florida DUI Charges | No Comments »
March 12th, 2012
According to Harvard Health Watch, the average person spends 5 years of their life behind the steering wheel of a car. That computes to roughly 7% of their lifetime. If you lose your license to drive, you could face severe, incapacitating consequences. For instance, if you reside within a metropolitan area, your most likely mode of travel could become practically non-existent without your driver’s license. This unfortunate consequence is commonplace under Florida’s Habitual Traffic Offender Statute. A conviction under this statute may ultimately earn you a 5 year (possibly 7% of your lifetime) reversal of your license to drive.
Under Florida’s Habitual Traffic Offender Statute, any person who has been tried and convicted of “3 serious traffic offenses” or “15 moving violations” both of which can occur in any state in the U.S., at any point in time within a period of 5 years can be considered as “habitual traffic offender.” Events that constitute “serious traffic offenses” include: vehicle offenses resulting in severe injury or in the worst case, death or any other felony motor vehicle infringements. If an offender drives under a suspended driver’s license, they will, in effect, be in violation of Florida Traffic Laws.
The Department of Motor Vehicles (DMV) will send out notification to drivers who have had their licenses reversed in accordance with Florida’s Habitual Traffic Offender Statute. It is imperative to take action once you receive notification of your license reversal. You will have a very small window of opportunity to file an appeal in order to challenge the reversal of your license. Failure to take action could result in the continuation of the original 5 year suspension. You may be able to file for a “hardship license” after a 12-month period of time, which may allow you to travel for work or business, but the specific license will only be granted if you are able to prove the suspension of your license has caused a significant financial hardship to you and your family.
Under the Florida Habitual Traffic Offender Statute, you may be convicted of a third-degree felony (punishable by a 5-year maximum sentence in prison and $5000.00 of a maximum fine) if you are charged with driving at any time while your license to drive is rescinded. Conviction under this statute could seriously affect your life in other ways, e.g., losing your employment because of lack of transportation or the suffering of family members who may depend on you to transport them to school or school-related activities. This conviction has serious and lasting effects, not just for you, but for those who may depend on your support. A knowledgeable attorney may be able to help you appeal the suspension of your license or petition for restoration of your license when your 5-year sentence has concluded. A dedicated and experienced Florida DUI attorney will work hard to protect your best interests and you privilege to drive.
Tags: Florida DUI Lawyer
Posted in Repeat DUI Offenses | No Comments »
March 9th, 2012
“Driving Under the Influence” or “DUI” as it popularly known is a particularly tricky part of Florida law. It is an area that is riddled with complexity, technicality and science. If you are charged with a DUI offense in Florida, you face a number of penalties that have been characterized as some of the toughest in the country. The silver lining within this maze of legal circumstances is that there are an intense number of technical procedures involved in and around DUI charges. Due to the fact that police officers are required to meet specific legal requirements while managing a DUI-related stop and possible resulting arrest, the investigating officer has very little room for error while he or she works to prove your offense. If the investigating officer does not meet the specific requirements, a DUI defense attorney may be able to secure a favorable plea agreement or have your DUI charge dismissed completely.
If you have been charged with a DUI, it is extremely important that you consult with an experienced DUI defense attorney. The consequences of not doing so could be insurmountable. The time constraints alone could mean the difference between driving sooner and getting back to your normal life and not being able to drive for a significant period of time. For instance, you have a period of 10 days from the date of your arrest to file for a hearing where you challenge the “administrative” suspension of your license. During this hearing, you could possibly secure an additional temporary license. However, it is in your best interest to seek the help of an experienced DUI defense attorney who will be able to help you through this process.
Our Florida DUI defense attorneys meticulously examine the various stages of the DUI-related stop and arrest proceedings, e.g. lawful interference and field sobriety tests. Below you will find further explanation on both topics:
- Lawfully delayed by a police officer:
The U.S. Constitution contains The Fourth Amendment which requires police officers to have a factual basis to espouse a stop. There are a couple of required standards that must be met in order for application The Fourth Amendment: “reasonable suspicion” which is based on facts that can be stated; and “probable cause” which is more than a minute gut-feeling, but less than stated facts. If you were detained and subsequently charged with a DUI-related offense, then there was some suggestion in your actions that indicate you were indeed “driving under the influence” and breaking the law.
For example, if you were driving without your lights on at night or weaving in and out of traffic, you could be pulled over. Police use these signs as an indicator for reasonable suspicion. You may also be legally detained for speeding, but the officer involved may need more proof before he or she can officially begin a DUI investigation, i.e. they may smell alcohol or notice watery, red eyes after they have pulled you over, and these observations will give them the valid footing they need to begin a DUI investigation.
Arresting officers will often testify in court that they observed the offender driving in a way that is coherent with signs of someone driving under the influence. Their testimony may consist of observances that the offender was speeding and weaving in and out of traffic. If they begin a DUI investigation will little more than what is stated above, then it can easily be refuted. The National Highway Traffic Safety Administration (NHTSA) does not sanction speeding as a distinguishing tendency of motorists driving under the influence of intoxicating substances as it can easily be stated that a motorist can weave or increase the speed of their vehicle by merely leaning over to change the air settings.
Field Sobriety Tests are typically composed of 3 tasks that you are requested to perform in front of the arresting officer after you have been lawfully detained. These tasks along with their accuracy ratings determined by the National Highway Traffic Safety Administration (NHTSA), are listed below:
- The Walk and Turn – 68% accurate
- The One-leg Stand – 65% accurate
- The Horizontal Gaze-Nystagmus Test – 77% accurate
There are several outside factors that can affect the results of these tests that include: nervousness, fatigue, injury, advanced age, impaired hearing, bad weather or unclear instructions. Also keep in mind that these tests are observed by another human being.
As the previous statistics indicate, field sobriety test are not 100% accurate in determining whether or not a suspected DUI offender was over the legal BAC content of 0.08. An arresting officer will ask a suspected offender to perform field sobriety tests in order to ascertain whether he or she can sustain the legal grounding for further action, e.g., a breath test or possibly an arrest. Seeing that these tests are proven to be no more than 77% accurate, the legal basis for obtaining the consent for diagnostic testing may be refuted. This is another instance where an experienced DUI defense attorney may be able to offer assistance.
As always, if you are involved in a DUI-related arrest in the state of Florida, please do not hesitate to contact an experienced Florida DUI attorney, who may be able to reach a satisfactory plea agreement or get your case dismissed completely.
Tags: Florida DUI Attorney
Posted in Beat Your Florida DUI | No Comments »
March 8th, 2012
There are times when drivers are faced with a difficult situation: getting pulled over for a suspected DUI, being asked to perform field sobriety tests and/or a preliminary breath test while still roadside and declining to comply, which you have the right to do. You may be taken to the police station or a medical facility and asked to submit to another test, which you can again refuse to do, with the exception of very slight circumstances that involve accidents with injury. However, with Florida’s “implied consent” law, your negation to submit to these diagnostic tests may mean adverse consequences for your refusal. For example, the state of Florida could suspend your license for a period of a year for the first refusal and for a period of a year and a half for subsequent refusals. If you decide to submit to a DUI diagnostic test and have a blood-alcohol-content (BAC) value of or in excess of 0.08, you will have a suspended license for at least 180 days (approximately 6 months).
According to the Florida Uniform Traffic Citation, the yellow ticket that was issued to you at the time of your DUI related arrest can be used as temporary license, as your original government-issued license will be confiscated for a period of 10 days. This temporary permit, as it stands, will allow you to drive for business or employment, for trips to the grocery store, for appointments at your attorney’s office, or other required trips that involve travel. However, driving for leisure-related purposes (i.e. to the local bar) is not allowed. While you are within this 10 day window, it is extremely important to file an application for a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles, commonly known as DHSMV.
A Formal Review Hearing may allow you to challenge the legality of the suspension of your license and possibly pursue restoration of your driving privileges. With the exception of additional legal troubles in addition to your DUI related license suspension, The Florida DHSMV will prolong your work-only license for extra period of 42 days and schedule a hearing within 1 month. However, if you do not file for the Formal Review Hearing, you may experience the penalty of not being able to drive for the first month of the administrative suspension. You have the option of registering for an accepted alcohol abuse education program, which may allow you to apply for an additional temporary work license. If you refuse to submit a “formal chemical test,” then you will forfeit 3 months before you can apply for a work-only license. Any additional refusals to the “formal chemical test” may make you ineligible for a temporary work license. In other words, compliance is the key to getting back in the driver’s seat, legally.
Before your hearing, it is advised that you make substantial preparations. If at all possible, you and your lawyer should prepare your statement and issue subpoenas to any witnesses you may need. For instance, during the hearing, if you subpoenaed the arresting police officer, you may be able to challenge whether he or she had probable cause when you were stopped. In addition, you may be able to question whether or not you were over the legal BAC, barring any refusal to take the BAC diagnostic test. Any refusal to take the determining test would change the issue from being one of probable cause to one of being informed. In other words, did the arresting officer inform you of the consequences of refusing to comply with diagnostic chemical tests? In order to answer this question, you need an experienced, competent DUI defense attorney on your side. If you are in Florida, an experienced Florida DUI attorney will help you from start to finish in the effort to regain and protect your license to drive.
Tags: Florida DUI Lawyer
Posted in Florida DUI Penalties | No Comments »
March 7th, 2012
Many drivers arrested for DUI in Florida are unfamiliar with the criminal court system because they have never been arrested. The administrative and legal procedures associated with a Florida DUI can be confusing and stressful. If you understand the process, it can make it less intimidating. Every DUI case in Florida really involves two separate cases: (1) an administrative hearing in front of a DMV hearing officer and a Florida DUI case. If you refuse to submit to chemical testing when you are arrested or test with a blood alcohol concentration (BAC) above .08 percent, you will be subject to an immediate suspension of your driving privileges.
When you are arrested, the police officer will take your drivers’ license and issue a Florida Uniform Traffic Citation (yellow traffic ticket) for DUI that will function as a temporary permit that will allow you to drive for employment and business purposes. The temporary permit authorizes you to drive only for work, grocery shopping, doctor appointments, court and similar tasks. During this ten day period, it is important to submit an application for a Formal Review Hearing. This hearing provides an opportunity to challenge your driver’s license suspension. An experienced Florida DUI attorney can prepare and submit this application for you.
When you submit your request for an administrative hearing, you will be granted a forty day extension of your temporary license. If you have a Florida DUI attorney, the attorney may employ a number of strategies to challenge your DUI arrest, which may include the legal sufficiency of the basis for the initial stop and arrest or refusal to submit to chemical testing. Many so-called “refusals” are not refusals at all. If you are unable to produce enough breath when blowing into the breath test machine, this will be counted as a “refusal” to comply with a request for chemical testing of BAC. Experienced DUI defense attorney John Musca may also be able to challenge this type of purported refusal.
Depending on your specific situation, there are several early stages of a Florida DUI case that may be part of your DUI case: (1) arraignment, (2) pre-trial conference, (3) suppression hearing and (4) docket sounding. It is important to keep in mind that during these preliminary stages of your DUI case, your Florida DUI attorney will be gathering evidence, building a potential trial strategy and negotiating possible resolutions of your case. The arraignment is usually scheduled about a month after your arrest. At the arraignment, the court will ask you to enter a plea which may include guilty, not guilty or no contest. Most times your Florida DUI attorney will plead not guilty, and then the court will set the case for a pretrial conference several weeks after the preliminary hearing.
The pretrial conference will give your Florida DUI attorney the opportunity to discuss such issues as potential violations of your rights and weaknesses in the prosecution’s case, such as legal issues involving your arrest or chemical testing of BAC. If you were stopped without adequate legal cause or there are other evidentiary issues, your Florida DUI attorney may file for a Suppression Hearing to have illegally obtained evidence excluded from use at trial. If the case is not settled, it will be set for trial. A docket sounding may be held a week before trial where scheduling issues will be handled. A Florida DUI trial requires specific compliance with court procedural and evidentiary rule as well as substantive law. Experienced Florida DUI attorney John Musca has handled hundreds of DUI cases throughout Florida and can represent your interest and protect you through the entire Florida DUI process. If you or someone you love has been arrested or charged for a Florida DUI, the experienced Florida DUI defense attorneys at Musca Law have helped many people avoid the extremely harsh consequences of a Florida DUI conviction. We invite you to contact a Florida DUI defense attorney at Musca Law to schedule a free confidential consultation: (800) 687-2252.
Posted in Florida DUI | No Comments »
March 6th, 2012
Picture yourself out having a good time, enjoying some friends and knocking back a few beers. You decide to take a ride home from someone who offers to drive. You are utilizing the principle of the designated driver. You HAVE a DD. This decision is a good thing—you are drinking responsibly, and that may be what it takes to save yourself from a DUI related arrest. However, this was not the circumstance in a shocking DUI case originating in Japan. This case involved two passengers who decided to accept a ride from a driver who was intoxicated. The driver and passengers were subsequently involved in a fatal car accident which ultimately resulted in a conviction and a sentence of two years in prison for the passengers. While this case occurred in Japan, it has caught the attention of several activists involved in the anti-drunk-driving campaign, who may see this as an opening to make passengers take steps to keep intoxicated drivers off the road and innocent bystanders out of harm’s way. This activism could eventually pave the way for similar legislation in the U.S. regarding drunk-driving.
In the Japanese case mentioned previously, the judge presiding over it found that the moment the passengers accepted the ride from the inebriated motorist, they were in effect encouraging the driver to “drink and drive.” This momentary lapse of judgment was thought to be aiding and abetting the offense of “driving under the influence,” and ultimately considered to be a criminal infraction. The Japanese case illustrates an appalling decision where people who were otherwise innocent were punished for the actions of their designated driver. Many states in the U.S. have “dram shop laws.” These laws allow civil liability to be placed on “a social host or business (e.g. a bar or restaurant)” where alcoholic beverages have possibly been served to a person who was already intoxicated; who then may have consequently caused damages in a drunk-driving related accident.
The U.S. law does not usually inflict criminal liability for inaction where injury or risk was not caused or set in motion in some way by the individual charged with the crime. Currently, no states, including Florida, impose accountability on individuals who accept a ride from an intoxicated driver. However, as we mentioned previously, some anti-drunk-driving campaigning groups may use the criminal liability ruling in the Japanese case to further lobbying for prospective drunk-driving laws in U.S. legislation. Sadly, these laws, if passed in the U.S., could punish innocent people who are doing what they think is the responsible thing to do, i.e. using a designated driver.
If you, or someone you know, happen to find yourselves in a position where you are arrested and charged with a DUI in Florida, an experienced Florida DUI attorney will help you.
Tags: Florida DUI Attorney
Posted in DUI Without Driving | No Comments »
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