Miami DUI Lawyer, John Musca, has observed that the jail system in Florida failed to supply the medicine prescribed for HIV inmates in time. He also advises the defense counsel to bring forth the issues relating to the terminal illness before the sentencing Judge. There have been instances where the sentencing judge, having realized the gravity of the situation and the consequences, has sentenced the convict to house arrest. Musca advocates Judges to be fair enough to consider the physical state of the convict before sentencing them. It is the ability of the defense counsel to project to the sentencing judge that a severe punishment for such a person suffering from terminal illness could amount to a death sentence. Judges have been fair, and they have reduced the sentences drastically in the wake of such circumstances. An attorney has to convince the sentencing Judge to arrange for the necessary treatment of the convict suffering from terminal illness rather than sentencing them to a prison term. A jail term of even 9 months for a terminally ill person may result in the disease becoming full blown AIDS, as the jail authorities have little knowledge about the condition and are unable to administer the medicinal dose in the proper time. Sentences can be drastically reduced if the defense counsel is able to convince the judge about the deteriorating physical condition of the convict.

Alcoholism should not be related to driving. Being charged withs DUI driving does not necessarily mean that the person is alcoholic. Even though the charges may be proved to be correct and the accused convicted, the person may be required to undergo DUI schooling and alcohol abuse treatment. According to observations made by Miami DUI lawyer , John Musca, being charged for DUI offence does not portray the true picture of the accused regarding his alcoholism. Families of DUI defendants are often alarmed on suspecting the defendant to be alcoholic, seen as just the cause of his arrest even though the person is really a non- alcoholic. Being charged for DUI offence for the first time does not prove that the accused is an alcoholic. There may only be a single occasion when the person was driving under the influence of alcohol, but it does not give rise to presume that the DUI offender is a regular drinker. Alcoholic symptoms vary from person to person. While some put up a brave face after convicted for DUI offence and carry on their employment, others repeat their behavior only to be repeatedly charged. Alcohol abuse may be the cause of severe depression and dementia. Alcoholism may lead to a person losing their employment or being divorced. Pregnant women may suffer from severe mental and physical effects when consuming alcohol. Some DUI convicts have abstained from drinking before taking hold of the steering wheel, while others have repeated their mistakes, either intentionally or unintentionally.

Many law enforcement agencies have set specific guidelines for the correct assessment of arresting a DUI offender.  A Miami DUI Lawyer can inform you of the guidelines that should have been followed by Police Officers to determine whether the behavior of the offender while giving a roadside test. The guidelines specify the percentage of impairment for specific behaviors, like driving on the wrong side of the road, driving at an extremely slow speed, drifting, turning off the head lights, following too closely, swerving, turning abruptly and illegally, breaking erratically, stopping inappropriately, and other factors that help the officer to determine whether the driver was intoxicated.  Testimonies put up by Police Officers have often been found to be inconclusive, as sometimes the behavior of the DUI offender, who appears to be drunk, actually is not impaired at all.  A Police Officer should judge physical features like red eyes, smell of alcohol, and flushed appearance, rather than take a decision to arrest the driver merely on assumption. Time and time again, an individual who has been arrested for a DUI has been acquitted for a lack of evidential support when the mere testimony of the Police Officer seemed inconclusive.

If you or a loved one has been charged or arrested for driving under the influence, please contact a Miami DUI Lawyer at Musca law to discuss your rights.

Should you land in such situations it is best to seek legal and professional help. An experienced Miami Dui Lawyer at Musca Law supports you with extra ordinary defense and advice when you find yourself in DUI situations.

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 your ability to obtain employment in the future. Even worse, a conviction for driving under the influence in Miami will have lifelong consequences. A criminal conviction for DUI can affect your employment, your present life, your future life and employment, and your freedom. Not to mention the embarrassment of telling your friends, family, and loved ones.

The second item is that you must contact an experienced Miami DUI Lawyer immediately to discuss your rights.  It is critical that you hire an experienced DUI Lawyer or drunk driving attorney who is experienced in this area – don’t be afraid to question his skills and ask him about past results. After all, this is your livelihood.  There are many complexities in Miami DUI laws and understanding how courtroom proceedings take place and what they mean can be difficult. Hiring a qualified Miami DUI Lawyer from Musca Law who’s practice focuses heavily on driving under the influence claims can make a difference in the outcome of your case, and could possibly even lead to the charges being reduced or dismissed entirely.

Remember, in Florida, you only have 10 days to request an administrative hearing. The lawyers at Musca can offer an initial review of your charge – at no cost to you.

If you have been charged with driving under the influence and you believe this is related to an improper road block, you need to contact a Miami DUI Lawyer at Musca law to discuss your rights. Contact us today for a Free DUI Consultation.

An experienced Miami DUI Lawyer can discuss with you the ramifications of refusing to undergo a breath, blood or urine test after you have been arrested for driving under the influence. Contact Musca law today for a free case evaluation.

The common penalty for even an initial refusal to take a chemical test is suspension of the driver’s license for a certain period of time.  If you are asked to take a chemical test for suspicion of drunk driving, it is advisable for you to contact a Miami DUI Lawyer first before declining or complying to take the test.  However, this may not be applicable in all states because there are certain areas that do not give the driver the privilege to contact a lawyer once being questioned or requested to take a chemical test for the suspicion of drunk driving, including Florida and specifically Miami.

If you or a loved-one has been arrested for driving under the influence, it is important that you contact a Miami DUI Lawyer with Musca law to discuss your rights and to begin preparing a defense to your arrest.

The recent law enforcement trend is to prevent DUI cases from happening thus most states implement harsh penalties to offenders. This includes Florida and the city of Miami.  This is why most prosecutors will often refuse to discuss plea bargains in cases of DUI, at least in the beginning.  This is applicable in cases of DUI with clear and enough evidence of the offense against the driver.  There are also states in the country that prohibit government attorneys from engaging in plea bargains for their clients who are arrested for DUI violations, such as Oregon.  Despite the inability of the offender to have a plea bargain, there are also circumstances where the DUI offense is lessened and the charges are reduced, or even dismissed altogether.  For example, if there is a question about the Breathalyzer, method of arrest, or some type of jurisdictional issue, the prosecutor will likely offer a lesser charge of “reckless driving” or some other type of reduced punishment, or even drop the charges completely.

If you or a loved one has been charged with driving under the influence, it is imperative that you speak with a Miami DUI Lawyer at Musca Law to discuss your rights and determine the best possible defense for your DUI charge.