Archive for July, 2009

BUI - By John Musca Law

Wednesday, July 29th, 2009

With the growth and popularity of our waterways, the crime of boating under the influence is fast becoming a common criminal offense. Robert Ray Huizenga, the son of former Miami Dolphins owner, H. Wayne Huizenga, was recently arrested and charged with this crime. The Police arrived on the scene after a woman called 911 claiming two unidentified men tried open a locked door to her home. Officers found another man, Patrick Stewart, on the victim’s property and Huizenga waiting in the water on a 2005 Jupiter Marine boat.

It took Huizenga several tries to successfully toss officers a rope to the dock. The officers claimed Huizenga smelled of alcohol, slurred his speech and had difficult behavior. He believed that the victim’s house was his own. Huizenga refused to submit to alcohol testing and was subsequently arrested. He now faces charges of boating under the influence and refusal to submit to an alcohol test. Officers arrested Stewart for possession of marijuana, possession of a controlled substance and trespassing.

This arrest is not the billionaire’s son first dealings with operating a vehicle under the influence. In 2003, Huizenga served time for his third DUI conviction within a decade. He spent 83 days in jail and additional months under house arrest. Spokesperson for the Broward County State Attorney’s Office, Ron Ishoy, issued a statement that this most recent BUI arrest violated his DUI probation and if convicted, could receive a 5 year prison sentence.

I do not represent Mr. Huizenga or Mr. Stewart, nor do I possess information that would jeopardize attorney/client privileges. I am a Miami Drunk Driving Attorney who has experience dealing with boating under the influence cases. It is easy to understand why enjoying the gorgeous Miami outdoors can go hand in hand with an alcoholic drink. Boating under the influence is a crime of operating a vessel with a blood alcohol level of .08, which can contribute to boating accidents and fatalities, not unlike the criminal offense of driving under the influence.

If you have been arrested on a charge of BUI or DUI, contact an experienced Miami Drunk Driving Attorney for guidance. Florida laws are strict and a criminal conviction on your record is unforgiving. Contact a Miami DUI Lawyer because you are innocent until proven guilty in a Court of Law.

John Musca Law - DUI News

Wednesday, July 29th, 2009

Tampa, Florida. Five people traveling in a Mercedes Benz were in route home after participating in wedding preparation and a rehearsal dinner. All five individuals were in a bride-to-be’s wedding party and the wedding celebration was set to kick off the following day. In the early morning hours of April 21, 2006, a driver, Kenneth Delmar Stewart, allegedly ran a red light and struck the Mercedes Benz killing all five people inside.

Police smelled alcohol on the suspect and felt that he may have been under the influence. The driver submitted to a blood alcohol test and his level registered at .12. The Florida legal limit for a blood alcohol level is .08. Police arrested Stewart and charged him with five counts of DUI Manslaughter.

Tampa Assistant State Attorney, Felix Vaga, stated the incident was one of the “most extreme” cases of DUI Manslaughter in Tampa’s history. The Defendant faced a maximum sentence of 85 years in prison if convicted.

Attorney John Musca appreciates President Obama’s selection

Wednesday, July 29th, 2009

Attorney John Musca appreciates President Obama’s selection to replace Supreme Court Judge David H. Souter, who plans to retire in June. On May 26, 2009, White House officials announced Justice Sonia Sotomayor as President Obama’s replacement choice. Since 1998, Sotomayor has served as a judge on the United State Court of Appeals for the Second Circuit. Before joining the appeals court, Sotomayor served as a United States District Court judge for the Southern District of New York.

John Musca finds Judge Sotomayor’s judicial experience, professional achievements and personal story to be inspirational. Sonia Sotomayer was born and raised in a South Bronx housing project near Yankee Stadium and as a child she was diagnosed with diabetes. Her father died when she was only 9 years old and she and her brother were raised by their mother, a nurse. Sotomayer graduated summa cum laude from Princeton University in 1976 and from Yale Law School in 1979.

If confirmed by the Senate, Judge Sotomayor would become the second woman to serve currently on the Supreme Court and only the third in history. She would be the first person of Puerto Rican heritage to serve on the high court and the second-youngest member of the court, after Chief Justice John Roberts. This historic nomination is one that Attorney John Musca will be following closely.