Clearwater DUI Lawyer

A 28-year-old Clearwater man was sentenced to eight years in prison Monday, a year after he was involved in a drunken-driving wreck that left a 51-year-old motorcyclist dead.

Simon H.’s sentence will be followed by two years of community control, and then five years of probation.

Simon avoided the 10.375-year minimum sentence for anyone who is convicted of driving under the influence—manslaughter but has no prior record.

He did so after his attorneys asked Circuit Judge Thane Covert to depart downward from the minimum mandatory sentence because, among other things, Simon was remorseful, prosecutors said.

The most lenient sentence Covert could have meted out under state law was four years.

On Sept. 20, 2010, at 4:50 a.m., Simon was driving a car east on State Road 590, between McMullen-Booth Road and U.S. 19, when he turned in front of an oncoming motorcycle as he pulled into his driveway, Clearwater police said at the time.

The motorcyclist, Mark N. of Clearwater, died from his injuries. Mark, who was not wearing a helmet, was thrown from his 2005 Suzuki motorcycle upon impact.

At the time of the collision, Simon had a mild odor of alcohol on his breath, and his eyes were red and glassy, according to an arrest affidavit. He volunteered to give investigators a sample of his blood, and some taken one hour after the wreck showed his blood-alcohol percentage to be 0.165 and 0.164.

A driver in Florida is presumed intoxicated if his percentage is 0.08 or more.

RIP Mark

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Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.

If you’ve been charged with DUI in Clearwater or elsewhere in Pinellas County, there’s no guarantee you’ll have to go through this. In pursuit of avoiding this awful penalty, contact Musca Law’s Pinellas County DUI attorneys today.

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Clearwater police arrested Kevin K., 27, of Belleair Bluffs Sept. 10 after he crashed into a pole and fled in his vehicle.

According to a report posted at the department’s Facebook page, Kevin pulled over a short distance from the crash when an officer attempted to make contact, and fled on foot. Kevin was tracked by a K-9 to a residence on Wildwood Way, where he broke in and tried to hide in a closet.

Police arrested him and found cocaine on his person. He was charged with felony DUI, burglary, possession of cocaine and providing a false name.

He was booked into the Pinellas County Jail at 6:25 a.m. Bond was set at $15,650.

I’ve said it before and I’ll say it again: when in this situation don’t run, but instead abide by police instruction and contact a Clearwater DUI attorney, if you are charged with a criminal offense. The charges will always be enhanced when you are caught.

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Police in Clearwater and throughout Florida will be conducting DUI checkpoints and will heighten DUI patrols through Labor Day weekend in accordance with the operation “Drive Sober or Get Pulled Over.” If you’re planning on drinking, you would be well advised in having a sober friend drive you or calling a cab. As you probably know, being charged and convicted of DUI can leave your life in ruins, don’t take the risk!

If you’ve already been charged with DUI, you have the option of contesting the allegations against you in a court of law. To discuss this very important matter, call 727-480-9675 to speak with a Clearwater DUI attorney at our firm now.

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The Clearwater Police Department launched a Facebook page Aug. 15 to help citizens get information about crime trends, crime prevention tips, arrests and upcoming events.

Officials also will answer law-enforcement-related questions from citizens.

“Policing is a partnership between police and the community and communication is crucial in any relationship. More people are communicating through social media and we want to be a part of the conversation,” said Clearwater Chief of Police Anthony Holloway. “Facebook is a great way to connect with our citizens.”

The Facebook page is part of the department’s ongoing effort to build relationships with the citizens and increase two-way communication.

Citizens should not use Facebook to generate police response. For emergencies, always call 911. For nonemergencies, call 562-4242.

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A law that allows the prompt suspension of the license of drivers charged with DUI when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DUI charge. However, you have the chance to appeal the suspension by scheduling a review hearing. You must do so within 10 days to avoid an automatic administrative suspension.

To discuss avoiding an adminstrative suspension and your criminal case, contact our Clearwater DUI attorneys at 727-480-9675 right now.

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Both the motorcyclist struck by a car in an April 8 collision on Curlew Road — and the motorist who struck him before driving off – were intoxicated at the time, the Pinellas Sheriff’s Office said.

The motorcyclist, Gregory C., 52, of Palm Harbor, was arrested today on a charge of driving under the influence, his fourth such charge, along with driving with his license suspended or revoked.

The motorist, Lajune C., 60, of Clearwater, caused the collision, the sheriff’s office said. She too was arrested today.

She was charged with drunken driving, leaving the scene of a wreck with property damage, leaving the scene of a wreck with serious bodily injuries, drunken driving with property damage, and drunken driving with serious bodily injuries.

She was also cited for failure to yield the right of way at an intersection.

At 11:30 p.m., Gregory was riding his motorcycle on Curlew Road when an oncoming car made a U-turn in front of him, near Fisher Road, striking him, the sheriff’s office said. Gregory was thrown 30 feet. Lajune drove off, and was later found in a parking lot at Curlew Road and U.S. 19.

Gregory, who was not wearing a helmet, suffered multiple fractures to his left leg. Lajune was not injured.

If you’ve too been charged with DUI in Pinellas County, you probably have a lot of worries and unanswered questions. For this reason, our Florida defense attorneys, who have helped many people in your situation, offer a free legal phone consultation. Call 727-480-9675 right now.

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Last month, EV World asked readers the following question: Should someone with a suspended driver’s license be permitted to operate an electric-assist bicycles? A total of 878 readers responded.

The answer would seem pretty straightforward: of course they should. What’s the harm of letting someone who may be lost their license, perhaps due to a DUI conviction, from getting around town on an electric-assist bicycle.

As would be expected, the majority (70.84%) of respondents agreed. Only 20.5% disagreed, while 8.66% weren’t sure; and that puts the undecideds and the “no” respondents in the same league as many American, Canadian and English municipalities.

As strange as it might sound, there are communities that consider, in the case of Driving Under the Influence convictions, a 60 pound, half-horsepower electric bicycle the legal equivalent of a ton-and-a-half, 300 hp automobile. Permit me to cite a few examples.

Curiously, much of the 1872 Licensing Act has long since been superseded, but parts remain in effect, making it an offense for being drunk in public and for being drunk in charge of a horse-drawn carriage, which the court reinterpreted to include bicycles.

Again, it would seem that there is a significant difference between being responsible for a pair of 1000 pound draft animals, and the attendant carriage, and a 30 pound bicycle, but apparently some jurisdictions don’t see it that way.

One that appears to is Clearwater, Florida where a couple of young entrepreneurs at Sunset Scooters are advertising their electric scooters as a transportation substitute for automobiles to whose who have lost their driving privileges due to DUI offenses. Even the executive director of the Northwest Florida chapter of Mothers Against Drunk Driving, Todd Rosenbaum is quoted as saying, “Certainly, if people need transportation, electric bikes are a good option.”
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Circuit Judge J. Thomas McGrady, chief judge of the Sixth Judicial Circuit, has been named by the American Board of Trial Advocates as its Florida Jurist of the Year.

McGrady was honored on July 23 during the banquet that concludes FLABOTA’s annual conference at the Hammock Beach Resort in Flagler County.

ABOTA, a national organization of trial lawyers who handle complex litigation, is dedicated to more effective representation for court litigants and a more efficient administration of justice. Membership is by invitation only and is made up of an equal number of attorneys who represent plaintiffs and defendants.

The Tampa Bay ABOTA Chapter nominated McGrady as “an excellent, fair and well-prepared judge,” who is “a splendid example of what a judge should be. Rather incredibly, Chief Judge McGrady maintains his patience with litigants and lawyers while effectively steering a busy and expansive circuit featuring an increasing caseload, 69 judges, nine locations and an administrative staff.”

The 69 judges preside in the nine courthouses of the Sixth Circuit, comprised of Pasco and Pinellas counties. Last year, more than 328,500 new cases (criminal, civil and traffic) were filed in the circuit.

If you’ve been accused of DUI or a related offense in Pinellas County, it’s important for your future that you contact a DUI defense attorney at Musca Law. Call 727-480-9675 now to schedule a free phone consultation right now.

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Both drivers involved in an April 8 motorcycle-car crash were arrested July 22 by the Pinellas County Sheriff’s Office Major Accident Investigation team.

Gregory C., 52, of Palm Harbor was arrested for felony DUI (fourth arrest) and driving with a suspended or revoked license (misdemeanor). He also was cited for having no motorcycle endorsement.

Lajune C., 59, of Clearwater, listed as the “at-fault driver,” was arrested for leaving the scene of a crash with property damage, leaving the scene of a crash with serious bodily injury, DUI crash with property damage and DUI crash with serious bodily injuries. She also was cited for causing the crash, failure to yield to right of way entering/approaching an intersection.

The crash occurred just after 11:30 p.m. April 8 at the intersection of Fisher and Curlew roads in Dunedin.

According to deputies, Gregory was heading eastbound on Curlew Road on his 1991 Harley Davidson motorcycle when he was struck by Lajune who was heading westbound in a 2007 Pontiac G-5.
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