Musca Law
The client without stopping continued through a red light, the officer went after the client where the client proceeded towards another intersection, to then drive off of the road in an attempt to drive around an awaiting vehicle. After the officer turned on his emergency equipment a traffic stop was conducted. Upon approaching the client, the officer immediately detected a strong odor of alcohol, watery and blood shot eyes, with slurred speech. The client was then asked to conduct field sobriety exercises which he agreed to and failed as he could not display proper balance. The client did not engage in a breathalyzer which is part of the field sobriety testing process. He was transported to the Lee County Jail for processing.
Pursuant to Florida Statute 322.2615 refusal of submission to a blood, breath or urine test is an automatic suspension of the client’s driver’s license. Furthering, refusal can be used as evidence of guilt against the client if their case makes it to trial. A Formal Administrative Review Hearing must be filed not later than 10 days after the client’s arrest. An administrative suspension is immediately removed when a client is found “not guilty” of a DUI charge.
Not too often but on rare occasions the defense will ask the prosecutor to remove their blinders where they can view all of the legal and non legal aspects of a case. In this particular case, the Attorneys for Musca Law did just that. While there had been no compelling reason to cut the client a break, there had been a few non compelling reasons to give him one. Attorneys for the client worked diligently to ensure that these reasons were heard which resulted in a positive outcome in the case.
For further information about DUI Attorney John Musca visit www.muscalaw.com, where you can review the firm’s current case list serving clients and successes, and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the state of Florida.
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