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Florida DUI lawyers who defend DUI, DWI, or drunk driving cases in Florida should know about the “Ten Day” Rule.

When someone is arrested for a Florida DUI, there are really two separate cases that arise: the court case, where a person’s liberty is at stake, and the Florida Department of Highway Safety and Motor Vehicles case.

If you have been arrested for Florida DUI, and you refused to take a breath, blood or urine test, OR if you took the test and your result is 0.08% or higher, you have only 10 days to request a special hearing with the FDHSMV to save your license.

Failure to timely request a hearing will result in a penalty of at least a six-month suspension (and as much as an 18-month suspension) of your Florida driving privileges.

If you have been arrested for a Florida DUI, you must contact a qualified DUI Attorney in Florida today.

It’s not likely that Miguel Cabrera’s legal cases in Florida will be over before the Tigers finish the regular season Sept. 28.

A court hearing scheduled for today in Ft. Pierce, Fla., has been delayed until Sept. 15 because depositions that were anticipated had not been taken yet, according to Gayle Braun, assistant state attorney for St. Lucie County.

Cabrera, the Tigers’ All-Star first baseman, was arrested in February for suspicion of driving under the influence and resisting an officer without violence in Ft. Pierce.

His attorney, Michael Kessler, received permission last month to take sworn statements from witnesses who reported seeing Cabrera before his arrest along a rural stretch of highway. Cabrera later said he was en route to the Tigers’ spring training base in Lakeland from his home in south Florida. He refused a breath test to determine his blood-alcohol content when he was arrested.
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In a split ruling the Florida Supreme Court on Thursday ruled that the state cannot suspend the drivers’ licenses of motorists who refuse blood alcohol tests if the refusal did not follow a lawful stop.

Rolling back a law passed by lawmakers in 2006, the 4-3 decision gives defendants more ammunition to get their licenses back by allowing them to argue whether they were lawfully pulled over in the first place, defense attorneys and agency officials agreed Thursday.

“The Legislature has authorized the administration of a breath test only if it is incident to a lawful arrest and based on probable cause to believe that the person driving was under the influence of alcoholic beverages,” the court said in its unsigned majority opinion.

Florida’s “implied consent” law requires motorists to take sobriety tests if the law enforcement officer has probable cause to believe they are impaired. If they refuse, their licenses are immediately suspended, an administrative duty given to the Department of Highway Safety and Motor Vehicles. Motorists can challenge the suspension by taking their case to an agency hearing officer.

Following changes made in 2006, DHSMV hearing officers haven’t been required to consider the legality of the underlying stop during administrative hearings challenging a suspension. The hearing officer need only determine that the person refused to take a blood test.

On Thursday, the court ruled that an administrative suspension could only come following a valid arrest. The ruling will have no effect on criminal DUI proceedings.

Attorneys for two defendants whose cases were consolidated argued that without the ability to challenge the legality of the underlying arrests, law enforcement officers could confiscate the licenses of any driver for no reason and the suspect would have no recourse to appeal.

“This gives defendants a fighting chance,” said David Robbins, whose Jacksonville law firm represented one of the defendants.
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Some first-time drunk drivers will get their charges reduced if they complete alcohol education classes, seek treatment and pay fines under a new program being offered by the Miami-Dade State Attorney’s office.

The “Back on Track” program, which is being rolled out in the next few weeks, is already meeting resistance frombMothers Against Drunk Driving, along with some DUI defense lawyers and police officers.

Prosecutors say the program was created because far too many drunk drivers escape with no penalty when their cases fall apart before trial. Usually, that means police officers or other witnesses not showing up for trial.

“Letting offenders escape with no punishment due to a failure of witnesses to participate in the legal process is absolutely the worst message anyone could send,” said Ed Griffith, a state attorney’s spokesman. “We’re sending the message that everyone should be held accountable.”

Janet Mondshein, executive director of Miami’s MADD, said the program is not strict enough. The organization believes all DUIs should be prosecuted criminally.

“If everyone feels like they’re going to get a slap on the wrist, what’s to stop them from drinking and driving?” she said.

The program works this way: Defendants charged with driving under the influence are eligible only if their arrest did not involve an auto wreck or another crime, and if there are no children in the vehicle during the arrest.

The defendant must also have had a valid driver’s license, and cannot have a checkered traffic history, including reckless driving citations or other DUI arrests.

Eligible defendants must enroll in alcohol treatment and education classes through Court Options or the Advocate Program, two pretrial diversion programs already in use for Miami-Dade DUI defendants. Participants must pay anywhere between $2,000 to $3,000 in fees and court fines.

Drivers who have a blood-alcohol content level of more than .159, nearly double the legal limit, or who refuse to take a police Breathalyzer test, will have to undergo more stringent monitoring. That includes placing an “ignition interlock” device on their car, rendering it inoperable unless the person blows into a device that tests for alcohol.

If the defendant successfully completes the program, the DUI charge will be busted down to reckless driving and a “withhold of adjudication” will be granted, meaning a conviction will not appear on their record.
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Former New York Yankee and World Series hero Jim Leyritz was arrested in Florida on DUI and vehicular homicide charges after a night of celebrating his birthday, police said Friday.

Leyritz was driving a Ford SUV that collided with Mitsubishi SUV in an intersection in downtown Fort Lauderdale around 3:20 a.m., according to police.

The force of the crash caused the Mitsubishi to roll over and eject its driver. She was rushed to the hospital where a doctor pronounced her dead.

Witnesses told police that Leyritz had a red light.

Officers arrested Leyritz, 44, for suspicion of driving under the influence. He refused to submit to a breath test or a blood test, police said. Leyritz’s eyes were red and watery and he smelled of alcohol, according to officers on the scene. He also failed a field-sobriety test, according to the police report filed by a supervisory officer.

Despite Leyritz’s refusal even after being told the driver of the other SUV had died, police told him he would have to give blood anyway. Around 5 a.m., medics tried three times but were unable to draw blood, according to the police report.

Officers then took Leyritz to Broward General Hospital where a nurse drew blood from from the ex-ballplayer at 6:10 a.m and again at 7:12 a.m. Police hand-delivered the blood to the medical examiner for analysis, authorities said.

Leyritz was booked Friday afternoon on DUI manslaughter and DUI property damage charges, said Detective Kathy Collins, a Fort Lauderdale police spokeswoman. He posted $11,000 bond and was visibly distraught and in tears as left the county jail, law enforcement sources told Fox 5′s Duke Castiglione.

Leyritz had been out celebrating his 44th birthday, which was Thursday, sources said.

Leyritz, who lives in south Florida, is perhaps best known for his three-run home run while playing for the New York Yankees against the Atlanta Braves in Game 4 of the 1996 World Series. The Yankees won that series in six games.

He played for six teams between 1990 and 2000.

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If you have recently been accused of DUI, BUI, DUI manslaughter, vehicular homicide, an underage .02 violation or a related drunk driving crime in Clearwater, FL you need an attorney. An experienced attorney will know all the necessary steps to investigate your case and determine either the best way to fight your charge or when it’s time to work out a plea agreement with the prosecution. As for expenses, an attorney’s fee can pay for them self in the long run; getting fines, jail time and other time consuming penalties reduced and keeping his or her client’s criminal record clean is all part of a Clearwater criminal defense lawyer’s job.

Want to speak with an expert about your Clearwater DUI charge? Call 727-480-9675 to schedule a free initial consultation with a Clearwater drunk driving lawyer at Musca Law.

The attorneys at Musca Law, who have over 100 years combined experience, are well prepared to represent you against any criminal charges in the State of Florida. Whether you are charged with driving under the influence (DUI), a drug possession/distribution crime, etc. our attorneys can fight for you at this critical time.

Give the Clearwater, FL DUI attorneys at Musca law a call at 727-480-9675 to discuss the unique circumstances of your case.

If you have recently been accused of DUI in Pasco County you’re going to need an attorney to protect your rights and fight for your freedom. This has become essential now that a Florida DUI conviction warrants much more then a slap on the wrist, contrary to the past. If you expect to avoid ‘mandatory jail time’, extreme monetary fines, a criminal record that will electronically follow you for the rest of your life and many other unwelcomed penalties you need an attorney who knows the laws and knows how to recognize when they’ve been unfairly bent by police.

Contact a Pasco County DUI lawyer at Musca Law today for a free consultation today before it’s too late. Call 727-480-9675 now.

The attorneys at Musca Law can help you avoid license suspension AND help you avoid being convicted of drunk driving in criminal court if anyone can. Their team of experienced DUI attorneys thoroughly investigate every case they take on and regularly achieve optimal results for their clients. They do ask you contact them within a timely manor so they don’t miss the already small window of time they have to build your case and weaken the prosecution’s case against you.

Whether your arrest occurred in New Port Richey, Port Richey, Dade City, Land O’ Lakes, Zephyrhills or elsewhere in Pasco County, Florida you are welcome to contact a criminal defense attorney at Musca Law for a free and confidential consultation, either in person or by phone.

Are you suspected of driving under the influence (DUI) or a related drunk driving offense in Jacksonville? If so, pleading guilty is probably your first instinct. However, the charge is most likely beatable and the conviction avoidable. While not every charge is beatable, you may be surprised at the benefit an experienced drunk driving lawyer can have on your case.

When suspected of a criminal offense it is always best to contact an attorney promptly. As the earlier an attorney can start to investigate you arrest and the like, the better shot he or she has at succeeding with your charge. While pleading guilty to avoid maximum penalties is understandably tempting, you will still be left with a criminal record. Instead, you would be well advised to contact a Jacksonville DUI lawyer at Musca Law for a free consultation:

Duval County Office
841 Prudential Drive, 12th Floor
Jacksonville, FL 32207
Phone: 904-610-6545 – Phones Answered 24/7
Free Consultation in Person or by Phone Available.

The attorneys at Musca Law have the necessary experience and the determination to fight for your rights and freedom. On top of this there is no charge to initially speak with an attorney. Musca Law truly is Jacksonville’s premier criminal defense law firm.

Arrested for DUI in Pinellas County, FL? If you have been, you should waste no time contacting a drunk driving attorney at Musca Law.

Free Consultation Available! Call 727-480-9675 today.

Being charged with a Florida DUI can be a confusing and most of all frightening experience. Penalties like jail time and high monetary fines you can’t afford make this understandable. However, while most people charged with drunk driving in Pinellas County merely plead guilty at the drop of the pin you shouldn’t! A DUI attorney at Musca Law can probably help you avoid a conviction if proper steps are taken in a timely manor.

Whether your arrest occurred in St. Petersburg, Pinellas Park, Port Orange, Clearwater or elsewhere in Pinellas County Musca Law can help you fight your charge. To get the process started simply contact a Pinellas County DUI attorney and schedule your free consultation (either in person or on the phone, your choice.)

Have you been arrested for DUI in Daytona Beach, Florida? If so, you are going to need a lawyer and Musca Law is your answer.

The attorneys at Musca Law have a proven track record, over 100 years combined experience and offer a free initial consultation to go over your DUI or other criminal charge. They can help you if have been charged with drunk driving in Daytona or elsewhere in Florida. Call 386-341-9882 today to get the process of protecting your rights started!

Although your initial case evaluation can be conducted over the phone, if you prefer to meet in person use the map below for directions:

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Not only can Musca Law help you with your criminal DUI charge, but they have time and time again been successful with administrative DUI charges (early license suspension). You would be a fool not to contact the Daytona Beach DUI lawyers at Musca law for a free consultation if charged with DUI anywhere in Florida. They truly are Florida’s best DUI law firm. Dial 386-341-9882 now.