Archive for May, 2010

Sarasota DUI Checkpoints Tonight 5-29-10 at Undisclosed Location

Saturday, May 29th, 2010

There will be DUI checkpoints tonight in Sarasota, Florida.
Sarasota DUI Checkpoints
The location of the checkpoint is unknown, but the hours of operation are supposedly 12:30 am until 3:30 am.

“Impaired drivers kill, plain and simple,” said Sheriff Tom Knight. “This is a serious threat to the safety of Sarasota County residents, so we are committed to keeping drivers that are under the influence off our roads.”

Driving drunk is undoubtedly dangerous, but constitutional rights are a very important thing. Many times arrest orignating at these checkpoints can be proven unconstitutional, but the suspect doesn’t know enough about Florida laws to prove it. My point being if you have been arrested at a DUI/sobriety checkpoint in Sarasota or elsewhere in Florida you would be well advised to contact a Florida DUI attorney to go over your case.

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Update: Former Sarasota Football Coach Found Guilty

Tuesday, May 25th, 2010

Update: Sarasota DUI Manslaughter Trial.

Whether you’ve already heard or not the verdict is in: GUILTY.

I have been covering this case since day one and actually thought there was a good chance the ex-Braden River High School football coach could avoid being convicted. The main reason for this was because there was no witness to testify the ex-coach was actually driving the vehicle at the time of the crash (his brother refused to testify and was sentenced to 3 months in prison and the other passenger wisely said he couldn’t remember.) The jury took just two hours to decide that indeed he was driving the car and that he contributed to the crash that killed his best friend and fellow coach. He faces up to 15 years in prison and will be sentenced 6-11-10.

Updates as they are available.

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Man Sentenced to 3 Months for Refusing to Testify Against Brother

Friday, May 14th, 2010

After refusing to testify against his brother, a Sarasota man is to spend 3 months in prison Circuit Judge Donna Berlin ruled Friday morning 5-14-10.

“It’s clear this man is loved and respected, and you’re doing what you feel is right, and that is something that is personal and dear to you,” Berlin told him after hearing from witnesses who spoke on his behalf, including the deceased’s father.

The man’s testimony is so vital because he is the only one who can put his brother behind the wheel at the time of the crash. The other passenger, wisely claims he cannot recall who was driving (and you can’t argue with that.) The prosecution will have no trouble proving the suspect was drunk at the time of the crash, just that he was driving.

The trial is supposed to run through next week. Check back for any updates if you please.

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Penalties for Florida DUI While Driving Commercial Vehicle

Wednesday, May 12th, 2010

If you are convicted of driving a commercial vehicle while intoxicated you will find there are 2 unique penalties for these matters. For one, a first time offense does not allow you to get a hardship license. Secondly, you can lose your right to drive commercial vehicles if you test to having a .04 BAC (the legal limit for regular drivers is .08.) In either case you will lose your right to drive a commercial vehicle or one year*. Once the 1 year suspension is completed you must pay a $75 reinstatement fee.

*If you were transporting hazardous materials your license will be suspended for 3 years.

Are you facing DUI or other criminal charges in Sarasota? Call 941-916-3627 for a free legal consultation with a Sarasota criminal defense lawyer at Musca Law now.

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After 10 Days in Jail Brother Still Won’t Testify in DUI Manslaughter Trial

Saturday, May 8th, 2010

After being ordered by a judge to testify against his brother and being held in contempt for 10 days he is still refusing to give his testimony.

“There’s been no change in heart or mind,” said his attorney, Paul Hudson. “We’re still in the same position as we were.”

They say the brother of the defendant is the only witness who can put him behind the wheel. The other surviving passenger in the car says he can’t remember whether the defendant was driving or not. However, prosecutors told the judge they still plan on moving forward with the trial with or without the brother’s testimony. Prosecutors will still call him to testify during the trial, although most likely the jury will not see that. A larger pool of potential jurors will be brought in because of the media coverage of the case.

Monday 5-10-10 is the last day to start the trial because the defendant did not waive his right to a speedy trial.

Although there is evidence that the defendant had been drinking (toxicology reports, a man testifying he was drinking at a party) it is going to be very difficult to convict this man of DUI manslaughter without his brother’s testimony. Without concrete proof that he was actually driving the car, there is not enough evidence for a manslaughter conviction.

If you have been accused of DUI in Sarasota you may be able to beat the charge. Countless people plead guilty to drunk driving in Sarasota courtrooms each year when the evidence against them is weak at best. Call 941-916-3627 to schedule your free consultation with a Sarasota DUI Attorney at Musca Law now.

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DUI Manslaughter Trial to Begin

Tuesday, May 4th, 2010

Attorneys spent Monday picking a jury in the DUI manslaughter and vehicular homicide trial of a Sarasota man accused of pulling in front a motorcyclist on U.S. 41 while intoxicated on prescription pills.

Prosecutors say that Dec. 3, 2008 the suspect, 45, made a left turn in his car in front of 19-year-old motorcyclist Nikolas Reek, riding south on U.S. 41 just south of Braden Avenue. The collision threw Reek from his motorcycle and he later died from his injuries.

Florida Highway Patrol troopers found the suspect had numerous pills in his car at the scene of the crash, according to FHP reports.

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The medications included more than a hundred oxycodone, hydromorphone and Xanax pills. His speech was slurred and he could barely keep his eyes open, and he also admitted to taking a pill after the crash, claiming to be nervous, the FHP report stated.

He admitted to taking pain medication before and after the crash, telling troopers that he had a “pill crusher” to feel the effects of pills faster, according to reports.

In addition to DUI manslaughter and vehicular homicide charges, he is also charged with driving with no valid driver’s license causing great bodily harm, and DUI property damage.

The suspect faces up to 30 years in prison if convicted of DUI manslaughter and vehicular homicide. Once a jury is picked, the trial is slated to take two to three days.

I am unsure of who’s representing this man, but he will need a defense attorney with outstanding skill. With the right approach I see all of these charges being dropped and the suspect walking.

Being charged with a DUI in Sarasota can be a frightening experience, but you are not alone. Call 941-916-3627 to schedule a free consultation with a Sarasota DUI lawyer at Musca Law now.

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