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Next weekend most South Floridians will celebrate July 4th with a long holiday weekend spent at backyard barbeques, at the beach or out on the water.

To remind all boaters of the dangers of operating their vessel while under the influence, the U.S. Coast Guard and local enforcement are hitting the water this weekend to crackdown on boaters who are DUI.

According to the Florida Fish and Wildlife Conservation Commission 20 percent of all fatal boating accidents involve alcohol. Alcohol not only impairs a boater’s judgment but also their balance, vision and reaction time. Sun, wind, noise and vibration which are common “stressors” while out on the water are intensified by the affects of alcohol, drugs and some medications. In Florida, a vessel operator is presumed to be under the influence if their blood or breath alcohol level is at or above .08.

During “Operation Dry Water” law enforcement will not only step up patrols but also educate boaters they pull over about important safety measures including the wearing a life jacket.

When accused of Florida DUI contact Florida DUI Attorney John Musca.

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A 70-year-old Bradenton woman has been arrested on a DUI charge for the seventh time since 1971 after deputies found her passed out in a car outside DeSoto Square mall.

Manatee County Sheriff’s Office reports say the arriving deputy had to wake up the Florida DUI suspect, who smelled of alcohol and could not stand on her own.

A records check by the deputy showed She had six prior drunken driving arrests and five DUI convictions. A judge in 2002 suspended for life her driver’s license.

She is the second woman to be arrested in Manatee in less than a year with an extensive prior record of DUI arrests. In August 2008, sheriff’s deputies arrested Janet Landrum, 42, on a DUI charge and a sheriff’s record check showed the arrest to be her 10th DUI arrest in Florida and other states, according to sheriff’s reports.

When accused of Florida DUI in Manatee it is in your best interest to contact a Florida DUI Defense Lawyer.

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Jacksonville police arrested Ryan Michael Simmons and Joshua Daniel McKinnon a week apart last year on misdemeanor drunken-driving charges.

Both men refused to submit to a breath test to measure their blood-alcohol content.

In both cases, police got a judge to issue a warrant authorizing them to forcibly draw blood. Both men sought to suppress the results from being used against them in court.

There the similarities end.

The judge in the Simmons case ruled in December that forcing him to give blood violated Florida statutes. He suppressed the blood test results. Prosecutors appealed.

The judge in the McKinnon case approved the forced blood draw in February, citing a 2003 Brevard County case. McKinnon, 21, then pleaded no contest and was sentenced to six months of probation and 50 hours of community service.

A third Duval County judge backed the police in a similar case.

Now, Circuit Judge David Gooding has been assigned to settle the issue. He hasn’t scheduled a hearing. And whatever decision he makes likely will be appealed to the next level.

“There are certainly arguments on both sides,” said Simmons’ attorney, Scott Mitchell. “Honestly, it’s a close call.”

Mitchell argues that forcibly drawing blood from Simmons, 24, violated Florida laws governing search warrants.

They say warrants can be used to obtain evidence to prove a felony but not misdemeanors, Mitchell argued in court.

They also say warrants are permissible to obtain property used to commit any crime, felony or misdemeanor. But Mitchell argued a driver’s car and the alcohol consumed are the property used to commit the crime, not the driver’s blood.

Mitchell also argued Florida’s implied consent law allows motorists to refuse breath tests and face an automatic driver’s license suspension. The same law allows forcible blood draws in cases with serious injuries or death but doesn’t mention routine drunken-driving cases.

Mitchell pointed out that a Florida House committee rejected a bill in 2006 that specifically would have allowed forced blood draws.
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Bond has been set at a half million dollars for the the woman charged with driving drunk and killing a bicyclist on Nine Mile Road Wednesday night.

The suspect remains in the Escambia County Jail on the $500,000 bond charged with DUI manslaughter and four other charges  in connection with the death of Michael Steele, 25.

She made her appearance Friday afternoon before Judge Thomas Johnson via a video feed from the Escambia County Jail.  She could be seen wiping tears from her eyes during her appearance. State Attorney Bill Eddins had requested that bond be set at $1 million because Rivkin has two previous Florida DUIs.

She will be back in court on July 2 for an arraignment hearing. She told the judge that she will hire her own Florida DUI defense attorney.

She, according to the FHP, refused to perform a breath test, and a blood sample was taken to determine her blood alcohol level. Those test results are not yet available.

He jumped out in front of me. What was I suppose to do?” Rivkin told a trooper at the scene.

The FHP says that the front of her’s vehicle had damage consistent with hitting the bicyclist, and “there appeared to be blood on the front of her vehicle.”

The Florida DUI manslaughter suspect has had at least two prior Florida DUI arrests and five other moving violations, according to the FHP.

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Former Patriots receiver Donte’ Stallworth could avoid a lengthy prison sentence even if he is found to have been impaired when the car he was driving struck and killed a pedestrian in Miami March 14, according to a report on Yahoo! Sports.

Stallworth, whose arraignment yesterday on DUI manslaughter was delayed until next month, has not yet entered a plea to charges he was driving drunk when he struck and killed Mario Reyes in the early morning hours of March 14. Tests showed Stallworth’s blood-alcohol level was .126, well above Florida’s .08 limit.

According to Florida’s DUI manslaughter law, there are exceptions under what is called “causation” of an accident. In short, someone who is driving drunk and causes an accident is not necessarily responsible if the other party did something to contribute to the accident. In this case, Reyes allegedly was jaywalking when he was hit.

When accused of Florida DUI Manslaughter hire a Florida DUI Defense Attorney.

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Dwayne beach was just a teenager when he died in a car crash on a Stafford County road. His family’s grief will not go away.

And so far, neither have the legal troubles of the young man who was behind the wheel that night. The driver– then 17-year-old Arkee Hall was found guilty of improper driving in juvenile court.

Dwayne’s mom’s grief was still fresh when 15 months after her son died, Hall was behind the wheel for a second fatal accident. This time another passenger– Jeremiah Poyck– died.

In that case, Hall was found guilty of manslaughter and DUI. The judge ordered him not to drive for 20 years. He served his jail time, but just three weeks after his probation ended, he was arrested for DUI in Spotsylvania County. He pled guilty to that, and very early on New Year’s Day of this year, Hall was pulled over again– this time a DUI charge in Florida.

In court on Friday, Commonwealth’s attorney Dan Chichester told the judge:

“There comes a time with some people when the court has done all it can do and I would suggest we have reached that time with Arkee Hall.”

Hall’s mother had nothing to say leaving court on Friday, but Dwayne Beach’s family had a lot to say about the fact that Judge John Alderman is requiring Hall to serve only four years of the eight he could have served for violating his probation.

“I don’t understand the system, and I don’t understand judges that can’t take a look at the record and say, ‘Young man, you’ve got a problem. You’ve got to straighten your life up,’” said Mary Garnder. “I am very disappointed.”

Marcel Jones is Arkee Hall’s lawyer.

“Does he carry this around? Is it a burden to him that he was behind the wheel in two deadly accidents? Like you said, regardless of the legal aspect, he does feel some sort of pressure to a certain extent that two individuals died where he was present,” said Jones.

Arkee Hall will spend at least four more years in jail. When he’s released, he’ll be about 28 years old.

Hall still has one case that hasn’t made it all the way through the court system. That’s the DUI in Florida, and there’s no outcome yet for that case.

When accused of Florida DUI contact Florida DUI Lawyer John Musca.

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A Florida man faces a multitude of charges, including Florida DUI, after being stopped by the Niceville Police Department in the middle of the road, according to authorities.

The Florida DUI suspect, 49, allegedly told the police officers who pulled him over that he was having car trouble, the Northwest Florida Daily News reports. The officers at the scene stated the suspect had a “strong odor of alcohol coming from his person” in the police report. Anderson reportedly could not produce a driver’s license, registration or proof of insurance at the time of the incident.

At first, the suspect told the officers he had not been drinking, only later admitting to having a few shots six hours prior, according to the article. During a vehicle search, the officers allegedly found a woman’s bank card, which at first Anderson said he had permission to use. He later admitted to not having permission.

Never admit guilt when accused of Florida DUI!

When asked to complete a field sobriety test, the suspect reportedly replied, “I can’t do the test. I have drank too much to be driving.”

The 49-year-old was charged with a florida DUI, driving with a suspended license, grand theft, drug possession, theft of a credit card and refusing a breathalyzer test, according to the arrest report.ADNFCR-1918-ID-19197311-ADNFCR

Have you been accused of Florida DUI? If so, you have rights to defend your innocence in a court of law. For aggressive Florida DUI representation contact John Musca.

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A DUI conviction in Florida for someone who holds a commercial drivers license (CDL) and of course wants to keep their CDL can mean REAL BAD NEWS.

Florida DUI Law states:

BAC limit for commercial drivers is .04 or higher, or refusal to take breath test. One-year license revocation for 1st offense. Permanent disqualification of license for 2nd offense. No hardship provisions.

If you have been accused of Florida DUI a DUI lawyer can help you with your case. Contact attorney John Musca to discuss the details of you Florida DUI case.

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Florida DUI Law states:

*  Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).

* Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

How can you avoid a Felony DUI in Florida?

Florida DUI Attorney John Musca will give your case the attention and give you the aggressive representation you need to avoid being convicted of a Felony DUI in Florida.
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Police who will conduct another DUI checkpoint Friday night on U.S. Highway 98 say such roadblocks are “absolutely not” unconstitutional despite the small number of arrests.

Of nearly 700 vehicles that passed through a Fort Walton Beach police checkpoint two weeks ago, only one driver - a 21-year-old man - was arrested for Florida DUI. Most of the night’s arrests and tickets were for equipment, registration or driver license violations.

The state of Florida strongly encourages the practice.

Another roadblock is set for 10 p.m. Friday on Miracle Strip Parkway just west of St. Mary Avenue near City Hall.

By law, police must leave open an “avenue of escape” - a way for motorists to get around the checkpoint.

BY THE NUMBERS

Arrests and citations at a May 15 roadblock (691 vehicles stopped):

- 14 for unsafe/improper/faulty equipment
- 11 for driver-license violations
- 10 for registration/tag violations
- 4 for no proof of insurance
- 1 for habitually driving with a revoked license
- 1 for an open container of alcohol
- 1 for DUI

NEXT FLORIDA DUI CHECKPOINT

10 p.m. Friday on Miracle Strip Parkway near Fort Walton Beach City Hall

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