July 14th, 2011

Florida Cracks Down on BUI

Hundreds of boaters massed in Santa Rosa Sound for the Blue Angels air show Saturday, but seven were hauled away in handcuffs after being busted for “BUI.”

Florida Fish and Wildlife Conservation Commission officers charged the revelers with boating under the influence — the nautical version of the DUI charge for drunken driving.

Under Florida law, a person can be charged with BUI if they operate any type of boat with a blood alcohol level of .08 or higher.

Penalties for a first-time BUI offense include a fine of $500 to $1,000 and up to six months’ imprisonment.

The boaters were booked at Escambia County Jail. Six were released on $500 bond. The seventh, who faced additional charges of resisting arrest and failure to appear, was released on $2,000 bond.

The arrests come in the wake of “Operation Dry Water,” a nationwide BUI education and enforcement campaign held annually on the weekend before Independence Day.

Boating under the influence is the leading contributing factor in fatal boating accidents, according to the campaign, which is a partnership of state boating law administrators, law enforcement agencies and the Coast Guard.

If you were one of the men or women charged with BUI recently, you should approach the situation just like you would a DUI arrest. The best thing you can do for your future is contact a Sarasota DUI defense lawyer to discuss your legal options.

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February 4th, 2011

A DUI Conviction Can Limit Your Vacation Plans

Florida may still consider your first DUI as a misdemeanor, but not Canada. There, a DUI on your record is a felony. And Canada doesn’t allow felons into the country even if their records have been clean for years. If a DUI shows up in a U.S. criminal database, your hopes of visiting Canada without securing a visa are probably dashed.

Canada Accesses U.S. DUI Information

You may be wondering how Canada has access to U.S. criminal databases? That access is part of post 9/11 information sharing between the two countries. The effort to prevent terrorists from entering the U.S. has created red flags for Florida drivers who have made a DUI mistake in the past.

How to Restore Your Ability to Enter Canada After a DUI

Canada provides three ways to get into the country if you have had a DUI conviction in your past, so not all hope is lost if you want to visit our neighbor to the north. If you have an urgent reason for your visit—a sick family member, a business meeting, etc., you can apply for a temporary resident permit. This is the only option if your DUI happened within the last five years.

Continue reading a DUI Conviction Can Limit Your Vacation Plans.

If you’ve been charged with DUI in Sarasota, it important you contact an attorney now; after all, your freedom is at stake. Call 941-916-3627 now to schedule your free consultation with a Sarasota DUI lawyer at Musca Law.

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December 27th, 2010

Could DUI Mug Shots Be Posted in Florida?

The state of Hawaii started an experiment back in November 2009. The police department began posting pictures of DUI suspects on their website. Many are asking the question: “Doesn’t this practice violate the rights of the person who has been arrested for DUI?”

Supporters feel that anyone who gets stopped for DUI deserves to have their picture flashed across cyberspace. However, we join the critics who say the photo gallery stains a person’s reputation even before he or she has been proven guilty, assuming guilt, something that violates the very foundation of the legal system of this country.

The Hawaiian police department feels that the pictures are public record. The department argues that if people are aware that their picture will appear on the Internet, they might be less likely to drive under the influence. Defense attorneys in Hawaii are voicing strong doubts the strategy will stop anybody from getting behind the wheel. They believe that innocent people could be seriously hurt by the practice.

Continue reading Could DUI Mug Shots Be Posted in Florida? or contact a Sarasota DUI lawyer at our firm for your free and confidential consultation.

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December 16th, 2010

Manatee Teacher/Sarasota Resident Charged With DUI

MANATEE — A Manatee County school teacher and Sarasota resident was arrested Saturday on drunk driving charges.

The suspect, 50, was charged with driving under the influence and careless driving, according to a report.

The Kinnan Elementary School teacher told deputies she was driving her maroon PT Cruiser from Ed’s Tavern in Lakewood Ranch 10 miles away to her home in Sarasota, according to the report.

She left the tavern going west on University Parkway when she crashed into a crosswalk island and hit a bolt cover on the base of a traffic light pole at the intersection of Cooper Creek Bouelvard, the report said.

The suspect was released from jail after posting a $2,000 bond. Margi Nanney, spokeswoman for Manatee County Schools, said the suspect is teaching this week.

“Unless students are transported, it’s not our policy to remove (a teacher),” Nanney said. Nanney added that the suspect  reported the arrest to the school district, which is required by law.

Are you facing DUI charges in Sarasota? If so, we welcome you to contact the Sarasota DUI lawyers at our firm for your free and confidential legal consultation. Call 941-309-5231 now.

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October 26th, 2010

2010 Semi-Annual Uniform Crime Report Released by Gov. Crist

Governor Charlie Crist and Florida Department of Law Enforcement (FDLE) Commissioner Gerald Bailey have announced that crime in Florida is down 4.8 percent for the first half of 2010 over the same period last year. The figure is part of the 2010 Semi-Annual Uniform Crime Report, which was released today, providing a preliminary indication of this year’s crime figures. Total violent crime (murder, forcible sex offenses, robbery and aggravated assault) is down by 10.7 percent for the first six months of the year while total non-violent crime (burglary, larceny and motor vehicle theft) declined 3.8 percent.

To help address a 5.8 percent increase in domestic violence murder, and in recognition of October as Domestic Violence Awareness Month in Florida, Governor Crist also announced a pilot project in Manatee and Sarasota counties aimed at helping survivors of domestic violence connect with employment opportunities and maintain self-sufficiency.

“By assisting survivors of domestic violence who need help finding work, we can help prevent individuals from feeling financially trapped in an abusive relationship,” said Governor Crist. “I commend Florida ’s law enforcement agencies for their commitment and dedication to keeping Floridians and visitors to our state safe. We must never forget that each crime represents at least one victim, and we must continue to be ever vigilant to do all we can to keep our communities and neighborhoods secure.”

Commissioner Bailey was joined at the Capitol by Leisa Wiseman of the Florida Coalition Against Domestic Violence and Director Cynthia R. Lorenzo of the Florida Agency for Workforce Innovation. Workforce Florida Inc. is providing the $500,000 grant and working in partnership with AWI and Suncoast Workforce, which serves job seekers in Sarasota and Manatee counties, to develop and implement the pilot project.

“The first six months of the year typically provide a good picture of where we are going the rest of the year, and the fact that we had 19,000 fewer crimes is a positive sign,” said Commissioner Bailey. “The men and women in law enforcement are working hard across our state.”

The Semi-Annual Uniform Crime Report showed a 6.1 percent decrease in the number of forcible sex offenses, a 17.1 percent decrease in robberies, an 8.9 percent decrease in aggravated assault, a 5.5 percent decrease in burglary, a 1.7 percent decrease in larceny, and a 17.3 percent decrease in motor vehicle thefts.   The number of murders increased 3.6 percent.  Domestic violence offenses declined 2.4 percent.

Have you been charged with a crime in Sarasota County? Whether your arrest occurred in North Port, Venice, Englewood, Fruitville, Longboat Key or elsewhere in the county we can help you. Contact a Florida criminal defense attorney at our firm today for your free and confidential consultation.

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October 17th, 2010

Florida Man Charged With DUI, Impersonating Officer

Florida detectives said a man was arrested on charges of posing as a police officer.

Two drivers told police that the suspect pulled them over and asked if they had drugs or alcohol in the car. When they said no, they said, he told them to leave.

Detectives said the suspect was driving a white Ford Crown Victoria with tinted windows and a green emergency light. They said he also had a police-type badge around his neck and was carrying a loaded handgun.

When questioned by officers, the suspect said he was a private investigator.

He was arrested and booked on charges of impersonating an officer and driving under the influence.

Are you facing drunk driving charges in Florida? If so, we welcome you to contact our team of Sarasota DUI lawyers for your free and confidential initial consultation.

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October 9th, 2010

FL Teen Killed in Suspected DUI Crash

FOUNTAIN — A 19 year-old girl was killed when the car she was riding in overturned on U.S. 231 near Tanglewood Road at about 2 a.m.

The victim, of Oshkosh, Wis., was pronounced dead on the scene of the wreck by Bay Medical EMS, according to a news release from Florida Highway Patrol. the victim was not wearing a seatbelt and was ejected from the vehicle during the wreck.

The driver of the vehicle,23, of Slidell Louisiana, was arrested by Florida Highway Patrol and charged with DUI manslaughter and driving without a valid driver’s license causing death. She was booked into the Bay County Jail.

The girls were traveling south in the outside lane on U.S. 231 in a Buick Rendezvous when the vehicle entered the west shoulder. The suspect brought the car back into the lane, but then steered the right again, reentering the shoulder and losing control, according to a news release from FHP. The car spun around, flipped and landed in a ditch on the west side of the road.

RIP

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July 25th, 2010

Sarasota Judges Hold Tight to Jail Keys

SARASOTA COUNTY – Judges in Sarasota County are far tougher than their colleagues nationwide when it comes to releasing people from jail after an arrest, a study has found.

Florida laws call for judges to place the least restrictive conditions on pretrial release to assure appearance in court and the safety of the community.

But defendants looking to be released from Sarasota County’s jail before their trial are twice as likely to have to post a commercial bond.

And they are far less likely to be released based only on their promise to later show up in court — even first-time offenders for crimes like DUI or those charged with nonviolent crimes.

The study cites a surprising reason: Judges fear for their job if the person they release does something bad.

And much of it goes back to one of Sarasota’s most infamous cases: the abduction, rape and murder of 12-year-old Carlie Brucia, the study found.

The abduction was caught on a surveillance video that captured the nation’s attention, and when Joseph P. Smith was arrested a media firestorm rained on Circuit Judge Harry Rapkin, blaming him for letting Smith out of jail just before the crime.

While most in the local legal community defended Rapkin for following the law and said he did nothing wrong, even though Smith was a repeat offender, the flare-up caused the tough-on-crime Rapkin to retire.

It resonates even now, the study found.

Sarasota’s judges have “the overarching concern with the possibility of making ‘the wrong decision’ on release or bail, resulting in harm to persons and/or the community,” the study states.

Defense attorneys say they see it every day. And getting out of jail before trial can allow someone to keep their job, keep their place to live and help care for their family.

An arrest does not mean the person is guilty. About 40 percent of the time, defendants who were released before trial have their charges dropped or are acquitted, a U.S. Department of Justice study found.
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March 30th, 2010

Braden River Coach Prepares for DUI Manslaughter Trial

A former Braden River HS football coach is facing DUI manslaughter charges and will be tried beginning 4-19-10. The defendant appeared in a Sarasota courtroom Monday for a hearing.

The case against him is tough. It includes BAC levels of nearly 3 times Florida’s legal limit, police reports indicating there was empty and full Michelob beer bottles and cans in the Ex-coach’s Ford pickup truck and a testimony from Venice High School football coach John Peacock that the suspect was drinking at a party before the deadly wreck that killed his passenger. An FHP report also states that the suspect smelled of alcohol and had watery, bloodshot eyes at the scene.

The good news for the defendant is that the manslaughter charges requires not only proof that he was driving under the influence, but that he contributed to the crash in some way. Both unharmed passengers in the Ford truck claim the defendant swerved to avoid hitting a deer.

I can easily see this man avoiding a DUI manslaughter charge because I see no way of proving he contributed to the crash. However, the passengers credibility could be skewed. Updates as they are available.

Have you been accused of DUI in Sarasota? If so please fill out the form to the right or call 941-916-3627 for your free consultation. Our FL DUI attorneys can handle your case whether you were arrested in Venice, Sarasota, North Port, Longboat Key or smaller municipality such as Braden River.

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January 26th, 2010

Tampa Man Charged With DUI on Bicycle

A Tampa man riding a bicycle was charged with driving under the influence after Collier County stopped him in East Naples.

The sheriff’s office reports that 51-year-old Tommy Charles Miller was riding a bike Saturday night without any lights. When deputies stopped him, they reported that his eyes appeared bloodshot, and he smelled like alcohol. Deputies also found two cans of beer in the bike’s front basket.

Miller was arrested and charged with DUI, refusing to submit to a DUI test, having an open alcohol container in public and refusing to sign a citation. He was being held on $7,000 bail.

Musca Law handles a full range of Sarasota County felony and misdemeanor crimes, including DUI. If you have been charged with a drunk driving or other criminal offense in Sarasota call 1-800-MUSCA-Law to schedule a free initial meeting. Musca Law also services the rest of Florida with DUI charges.

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