Daytona Beach Drunk Driving Lawyers

Have you been accused of drunk driving or a related criminal offense in Daytona Beach, FL? If you have been you should know most people in your situation plead guilty to their charge without a second thought; don’t do the same! Although every DUI conviction isn’t avoidable, the majority of them are. With the help of a Daytona Beach DUI attorney the constitutionality of your arrest can be investigated along with any other possible factors such as the functionality of a breathalyzer you may have taken. You may be happily surprised at what a Daytona Beach drunk driving lawyer can achieve for you.

Contact a Daytona Beach DUI attorney at Musca Law today for your free consultation.

Daytona Beach Man Charged With 2 Counts of DUI Manslaughter

DAYTONA BEACH — A man who allegedly crashed into and killed a Spruce Creek Fly-In couple on Christmas Eve was arrested Friday and charged with two counts of DUI manslaughter in their deaths, according to the Florida Highway Patrol.

Daytona Beach police arrested the 36-year-old suspect at his home Friday morning, ending an eight-month investigation into the crash that killed a Volusia County couple as they drove home from a Christmas Eve grocery run.

Investigators spent much of the eight months waiting on toxicology reports, which indicated the suspect was driving under the influence of marijuana, Xanax and oxycodone when he veered his pickup into the the victim’s path on Taylor Road, not far from their home.

“I think things have a tendency of working out,” the victim’s only child Friday afternoon. “I’ve just had faith … I really try to think about (the suspect) as little as possible.”

“There’s been a lot for me to have to figure out, as well as going to school,” she said. “I can’t wait until everything’s over. Everything in my life is on hold … There’s a lot of people waiting on this to be figured out.”

The FHP had been looking for the suspect since Thursday when a judge signed warrants for his arrest.

“He should never have been behind the wheel to begin with,” FHP spokeswoman Sgt. Kim Montes said Friday, because the suspect was driving on a suspended license.

The male victim was a prominent builder and boat captain who designed the home actor John Travolta once owned at Spruce Creek Fly-In — where some residents land their planes on a 4,000-foot runway and taxi to private hangars at home. The victim also worked at the victim’s family Construction firm.

The male victim died in his van at the scene of the Christmas Eve crash; the female died later the same night at Halifax Health Medical Center. The suspect was treated at the same hospital but released the next day.

In addition to DUI manslaughter, the suspect was charged Friday with DUI with property damage and driving on the wrong side of the road. He was being held at the Volusia County Branch Jail on $100,000 bail.

The suspect pleaded no contest in a 1995 vehicular homicide case in Marion County, where his 19-year-old friend Ronald “Tony” Nour died in a single-vehicle crash. He was also charged with DUI with serious bodily injury in that case.

He was last arrested in Volusia County earlier this month on a charge of driving with a suspended license. He also was arrested in June 2009, when a friend called the Sheriff’s Office to report the suspect consumed a lot of alcohol and talked about killing himself over “life issues.”

Been arrested for drunk driving in Volusia County? If so, contact a Daytona Beach DUI attorney at our firm today.

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Daytona Beach DUI: Is it a felony?

Many people may not know this, but a first and second DUI conviction (assuming there was not serious bodily injury or death involved) are misdemeanors. However, there are circumstances when a DUI becomes a felony such as:

• A third conviction within 10 years of each other is a third degree felony punishable by up to 5 years in prison and $5,000 fine:

Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  In addition, the court shall order the mandatory placement for a period of not less than 2 years, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938  upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license. The installation of such device may not occur before July 1, 2003.

• A 4th DUI conviction regardless of when any of them occurred is a felony. For example, a 4th DUI conviction within 18 years is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:

Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  However, the fine imposed for such fourth or subsequent violation may be not less than $2,000.

• A DUI involving serious bodily injury is a felony of the third degree punishable by up to 5 years in prison and a $5,000 fine:

Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

• And finally a DUI becomes a felony when death is involved as well. A second degree felony for vehicular homicide or DUI manslaughter punishable by up to 15 years in prison and a $10,000 fine and if the scene was fled either charge becomes a first degree felony punishable by up to 30 years in prison and $10,000:

The death of any human being or unborn quick child commits DUI manslaughter, and commits:

a.  A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

b.  A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(I)  At the time of the crash, the person knew, or should have known, that the crash occurred; and

(II)  The person failed to give information and render aid as required by s. 316.062.

For purposes of this subsection, the definition of the term “unborn quick child” shall be determined in accordance with the definition of viable fetus as set forth in s. 782.071. A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

If you have recently been accused of DUI in Florida we welcome you to contact a Daytona Beach DUI attorney at our firm, free of charge.

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Daytona Beach DUI Lawyers at Your Service

Daytona Beach DUI Lawyers at Your Service – Over 100 Years Combined Experience

We understand being charged with drunk driving in Daytona Beach can be a real ‘bummer’ if you will and it’s difficult to stay optimistic after spending the night in jail. On top of having your car impounded, now you’ve got to worry about what your criminal charge holds for your future. Loss of your job, loss of your driving privileges, extensive amounts of jail time, the cost of being convicted and many other things have a habit of haunting people in their sleep when facing a Florida DUI charge. However, against popular belief, your charge is most likely beatable and the above penalties mentioned above are most likely avoidable, just the same.

Don’t plead guilty to your Daytona Beach DUI Charge Without Speaking to an Attorney First!

Although pleading guilty is often tempting because of the automatic lessened penalties it offers, it’s rarely the correct choice. I won’t tell you that every single case is beatable, but with the right attorney on your side the probability doing so is quite high. By meeting with an attorney at our firm for a free consultation we can advise you, based on the unique circumstances of your arrest, whether  you should plead guilty or not, of what the chances of beating your charge is AND of what you would be risking by pleading not guilty.

Because of the already small window of time we have to work with to investigate your case, we ask you contact us within a timely manor of your arrest. By doing so you will only improve your chances of getting what you want: A not-guilty verdict! Contact a Daytona Beach DUI lawyer at our firm now:

Volusia County Office
1540 Cornerstone Blvd., Suite 200
Daytona Beach, FL 32117
Phone: 386-341-9882

Man Pleads Not Guilty to DUI Manslaughter

A man charged with killing a police officer driving drunk, 25, pleaded not guilty to all charges during his arraignment in Daytona Beach this Thursday morning. The suspect is the wrong-way driver charged in connection with the death of a Wheeling police officer Lt.  just outside of Daytona Beach in Volusia County in July.

Formal charges were filed against the suspect on Wednesday. He is charged with one count DUI manslaughter, one count DUI causing serious bodily injury and two counts DUI resulting in injury to a person. The suspect also has been charged with driving with a suspended or revoked license causing death or serious injury. All are considered felonies except the DUI resulting in injury to a person.

Assistant State Attorney Chris Kelly based out of Daytona Beach said a pretrial hearing is set for Sept. 29 at 8 a.m. to discuss the status of the case.

Kelly also said the case itself is tentatively set to go to trial the week of Oct. 4.

If the suspect is found guilty of all charges, he faces up to 27 years in prison.

Incidents like this are exactly why DUI charges have become so serious over the years. However, not everyone accused of DUI in Florida actually injured or killed anyone before being charged and may not even be guilty. With police routinely making arrest based on nothing but ‘instinct’ they often make mistakes doing so and innocent drivers should not have to pay the price for their mistakes. If you have recently been charged with a DUI or related criminal offense in Florida we welcome you to contact a Daytona Beach DUI lawyer at our firm for a free and confidential consultation:

Volusia County Office
1540 Cornerstone Blvd., Suite 200
Daytona Beach, FL 32117
Phone: 386-341-9882 – Phones Answered 24/7/365

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Another Daytona Beach Driving Tragedy

When a fun day at the beach results in an injured beachgoer due to a traffic mishap it’s unfortunate. When someone dies it is a tragedy. The pain of a 4-year-old Aiden Patrick’s death this past weekend on our beach is unimaginable.

Daytona Beach is a unique resort destination. People come here for the beach. It is the responsibility of the county to put in place safeguards that warn and educate the public to the uniqueness as well as the dangers of driving and playing on a beach, something they may never have encountered. One is easily distracted while driving as well as playing on our beach.

There should be permanent signage at the toll booths and all along the beach to emphasize this. Safety should be a priority. Parents must be advised to supervise their children at all times.

Finally, because of Volusia County’s long history of allowing traffic on our beaches, cities along this 20-some mile stretch have had no reason to create off-beach parking for our visitors. This problem, for the most part, cannot be reversed. Closing the beach to traffic or closing stretches to traffic is not the answer. The impact on local business would be devastating. The volume of traffic on a good day could never find enough off-beach parking. Eventually it would frustrate visitors enough not to return.

It’s no secret Daytona Beach is in an economic depression. As The News-Journal recently reported, great sums of taxpayer money have been spent on finding solutions that will restore our community to the thriving city it once was. It will take years before any one of them can be implemented.

So let me offer some free advice. If the only answer our county and city leaders can come up with is to pull the plug on the “World’s Most Famous Beach,” it’s time we pull the plug on them and elect people that have leadership qualities and a vision.

Have you been charged with DUI in Daytona Beach or elsewhere in Volusia County? Is so, you probably aren’t sure what to do or what the criminal justice system holds for your future. If this sounds like you contact a Daytona Beach DUI lawyer at our firm for a free consultation today.

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Daytona Beach DUI Lawyer: Community Service

Daytona Beach Judge Panel: Breath Tests, Deputy’s Permit Valid

DAYTONA BEACH — A six-judge panel denied a request Tuesday to exclude breath-test results in 19 pending driving-under-the-influence cases.

The deputy in charge of certifying breath-testing machines for the Sheriff’s Office had a valid permit to do so, the judges ruled.

The effort to have breath-test results tossed from potentially dozens of DUI cases was led by Daytona Beach attorneys Aaron Delgado and Dan Leising, who argued Sgt. Edward Bowman’s permit to act as the inspector for the Volusia County sheriff’s three Intoxilyzer 8000 machines had expired. A paperwork error was to blame, they said.

The lawyers said Bowman should have been retrained on the breath-testing equipment because he retired in 2003 and returned to the job five years later. Instead, Delgado argued, Bowman took a refresher course.

In a nine-page order, the judges considered the argument, but found Bowman’s permit to inspect the machines was invalid for just two months in 2008,

Bowman left his job in 2003 and was rehired in 2008. His permit, the court decided, became invalid July 1, 2008, but was good again after Sept. 29, 2008, because he completed a renewal course on the equipment, as required.

Because each of the 19 pending cases was the result of arrests after that date, when the permits were good, the motion was denied.

“There is no legal basis to exclude the breath-test results in these cases based on the argument presented,” the judges wrote.

They also did not agree with the attorneys’ position that Bowman’s permit was invalid because did not physically possess a “paper copy” of his permit.

The State Attorney’s Office, which argued against the motion, was pleased with the outcome.

“We didn’t believe it was a significant issue to begin with,” said Chris Kelly, a spokesman for the office. “And obviously, the court agreed with our position.”

Delgado said he appreciated the time and consideration the panel of judges gave to the matter, which dealt with a complex series of rules administered by the Florida Department of Law Enforcement. He said that agency, which oversees the certification and training for law enforcers using the machines throughout the state, has “some work to do if they want to make the rules clear cut.”

“I do take some satisfaction,” Delgado said, “that at least the public got to know that breath-testing machines are powered by human beings. And human beings can make mistakes.”

It took a six-judge panel to hear the matter because of the large number of cases involved. The panel was comprised of Volusia County judges who hear criminal cases.

Although the panel of judges denied this request it should show you that no DUI case is open and shut. Technicalites such as an expired permit to operate a breathalyzer can easily lead to a dropped drunk driving charge.

Have you been charged with drunk driving in Daytona Beach? If so, don’t hesitate to schedule a free consultation with a Daytona Beach Attorney at Musca Law. Our firm, which has over 100 years combined criminal defense experience, can advise you on how to proceed at this critical point. Contact us today:

Volusia County Office
1540 Cornerstone Blvd., Suite 200
Daytona Beach, FL 32117
Phone: 386-341-9882

Contact a Daytona Beach DUI lawyer at our firm for a free case evaluation either in person or by phone. If anyone can answer your questions and/or help you avoid being convicted, we can.

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What Are the Penalties for a First Daytona Beach DUI?

What are the penalties for a first Florida DUI offense?
A first DUI conviction will result in a driver’s license revocation of 180 days to 1 year. You may face a fine of up to $2,000, 50 hours of community service, probation for up to 1 year, and up to 9 months in jail. Specific penalties may vary from jurisdiction to jurisdiction and will depend upon your specific blood alcohol concentration, as well as other particulars of your case.

If you have recently been charged with a first time DUI in Daytona Beach or elsewhere in Florida avoiding many if not all of these penalties may be a high probability. Although it may seem as if the evidence against you is more then compelling, you may be surprised at what a DUI attorney can do for you in terms of investigating your arrests and weakening the prosecutions case.

Want to fight your Daytona Beach DUI charge? Call our Daytona Beach DUI attorneys now to schedule your free consultation either in person or by phone.