Archive for the ‘Uncategorized’ Category

Administrative Penalties on DUI Charges May Be Severe

Miami DUI Lawyer, John Musca, wants his clients to be aware of the implications of a DUI conviction, as regards criminal as well as administrative penalties. Administrative penalties may lead to a suspension of your license as soon as an arrest is made. It may occur months before the trial takes place. Challenging an administrative [...]

A Jail Sentence May be Equalted To A Death Sentence

A Jail Sentence May be Equalted To A Death Sentence, There have been cases where a person charged with felony was suffering from a terminal illness, for example, HIV. Persons suffering from HIV are given medication that may delay the onset of AIDS. Doctors have observed that a person suffering from HIV that are administered [...]

Alcoholism Ddiffers from Person to Person in DUI cases

Alcoholism Ddiffers from Person to Person in DUI cases, Alcoholism may be described as an addiction as well as a disease. There have been instances where an alcoholic has not abstained from drinking through having to pass through adverse circumstances like losing employment, being estranged from family members and arrested on DUI charges. Alcoholism should [...]

Other Factors Prompting A Police Officer To Arrest A DUI

The body constitution of a person is an important factor which influences their tolerance of alcohol. The body weight, sex, driver experience, and the amount of alcohol consumed all goes to determine the nature of impairment in the DUI offender. Behaviors differ from person to person while in an inebriated state. Some behave normally even [...]

DUI Encompasses More Than Driving and Alcohol

Driving a vehicle under the influence of drugs or alcohol beyond safe permissible limits can lead to uncomfortable situations and the person can be booked under “Driving Under Influence” (DUI). Miami Dui Lawyer John Musca states that people are ignorant about the law and majority of time land into situations unintentionally. One may very well [...]

Miami Drivers Charged With DUI May Also Face a Charge of Child Neglect

Miami Drivers Beware! Florida police officers are now adding child neglect charges to DUI cases where a child is found in the vehicle and they believe that there is a chance the child’s life may have been at harm. The additional charges make sense given protecting our children is extremely important, but it is definitely [...]

Charged with DUI – what now?

If you or a loved one has been charged with driving under the influence (DUI) in Miami, there are 2 very important things that you need to consider: The first item is that you must not take your DUI charge lightly. A DUI charge can have a very serious impact on your daily life and [...]

Is it legal to be pulled over at a roadblock and requested to both wait and answer to a law enforcement officer’s questions?

Yes.  Just as long as the law enforcement officer uses a neutral policy when pulling you over (for example stopping all cars or every third car on the road) and they will reduce any possible cause of inconvenience to you and as well as the other drivers in the area.  The law enforcement officer cannot [...]

Should I comply with the administered breath, blood or urine testing by the law enforcement officer?

It is a right of a person to refuse to take any of the chemical tests for DUI; however, due to the implied consent law in Florida, a refusal to undergo a test can result in the suspension of the driver’s license for approximately 1 year.  This is applicable even if the driver is not [...]

Could I change my mind if ever I declined to take a blood-alcohol or breath test the first time I was asked by the law enforcement officer?

Generally speaking the answer is “NO”. You can no longer take it back once you refused to take a chemical test as requested by the law enforcement officer.  Even if you weren’t sure the first time you were asked and just said no without really thinking about it, you can no longer change what you [...]