DUI Manslaughter is when a drunk driver kills another human being.  If you drink and drive and then end up killing a person you will be facing a mandatory prison sentence and thousands of dollars in fines.

It is important to know what kind of punishment you will face if you drink and drive and kill another person.  Florida statute 316.193 (3) lists the possible punishments for DUI manslaughter:

-  DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

-  DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

-  Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

-  Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

There are several defenses that can be raised in DUI Manslaughter and Vehicular Homicide.  I have used them successfully in the past 35 years.  Never give up or lose hope! Joe Episcopo is here to ease your fears and soften your woes.

I’VE HAD A FEW DRINKS AND I AM GETTING PULLED OVER BY THE POLICE!  WHAT DO I DO?  AM I GOING TO GET ARRESTED FOR A DUI?

First of all, DON’T PANIC!  Drinking responsibly and driving is not illegal. So if you know that you are not impaired, then you have nothing to worry about.  However, driving under the influence while impaired is illegal.  Despite all the facts and data out there that advise you how to drink responsibly---KNOW THIS.

IF YOU GET PULLED OVER BY THE POLICE AND YOU SMELL LIKE ALCOHOL---YOU ARE MORE THAN LIKELY GOING TO GO TO JAIL.

Here is the deal.  All is takes is the slight odor of alcohol for a police officer to ask you to submit to the roadside sobriety tests.  You have seen it before---you walk a straight line, you count backwards, you touch your nose...If you have seen an episode of COPS you know what I am talking about.

But let me tell you how to handle it.  If a police officer asks you to submit to the roadside sobriety tests, step out of the car.  BE POLITE.  And then calmly ask the officer to allow you to call your attorney first.

HE IS GOING TO TELL YOU NO---HE IS GOING TO TELL YOU THAT YOU CANT.

So then what do you do?  Your politely turn down the Officer’s request to submit to the roadside tests.  There is no punishment for refusing a field sobriety test.  However, if you refuse, you will probably then get arrested.  Once you get to the police station you will be asked to take a Breathalyzer test.  If you have had more than 2 beers or 2 drinks you will most likely fail this test.  So then you have two choices.  You can refuse to take the Breathalyzer or you can take it.

There is punishment for refusal of a Breathalyzer and there is punishment if you fail the Breathalyzer.  If you choose NOT to take the breathalyzer- You will lose drivers license for one year and you will not get a permit for 90 days.  The refusal can also be used against you at trial.  You do have a right to a driver’s license hearing to challenge these issues--and I have been fairly successful in many of these hearings.  If you fail the test, that is you blow over .08- You will lose you license for 6 months and you cannot get a permit for 30 days.

If you have been arrested for a DUI CALL ME!  And I will handle your case from start to finish.  I will take on the worry and the stress for you.  I will help you the best I can to get your license back. I have handled over 500 DUI cases during the course of my 35 years experience practicing law.

CALL ME ANYTIME!  NIGHT OR DAY!  NO MATTER WHAT THE COPS SAY.

The Casey Anthony Defense

Is Jose Baez setting himself up for an ineffective assistance of counsel claim so that his client can get a new trial to come up with a more credible defense?  When did Baez know this death was accidental?  Why did he not go to the State Attorney to negotiate a settlement based upon the accidental death?  The jailhouse tapes that were made three years ago clearly show that George, Cindy, and Lee were not involved in any kind of cover up, nor did George or Lee sexually molest the defendant.

Baez has been aware of these tapes for three years.  Yet, he still proposed the unreasonable defense that the child died accidentally and George Anthony disposed of the body of his grandchild.

In my opinion, because of the evidence against Anthony, this is an unreasonable and improbable defense.  An attorney who allows this to happen can and will be held responsible under such circumstances.  And it is not just Baez who could face the repercussions.  Co-counsel Cheney Mason, who is supposed to be an experienced attorney, should also be held responsible.

Baez and Mason are hanging their entire defense on the idea that this child's death was accidental.  Why would an attorney allow their client to face a murder indictment-- and the death penalty-- if the victim died accidentally?  

In my opinion it is legal malpractice and ineffective assistance of counsel.

Tune in on Tuesday June 7th, 2011 12-3 to watch me discuss the Casey Anthony Murder Trial on

CNN Headline News.

Opening Statements In the Casey Anthony Trial

Opening statements in the Casey Anthony trial will start tomorrow.  The prosecution will go first and present an outline of their case.  The defense will have a crucial decision to make right from the start.  Do they want to make an opening statement now or defer till the end of the prosecutions case?

This strategy of waiting can be helpful to the defense since they will not have to give away any of their defenses.  It also allows them to develop more defenses as the case goes on.  Additionally, by not doing an opening statement in the beginning of the case, they keep their options open and can change their defense to fit the prosecution since they have not committed themselves to any issues.

The downside is that the state will have presented a lengthy opening statement with overwhelming evidence that is not answered right away by the defense.  Therefore the jury will have only been exposed to one side of the case for many weeks before the defense responds.

Deferring opening statement is a crucial strategy decision that has to be made sometime tomorrow morning.

Casey Anthony Jury Selection

     The weeklong process of selecting a jury began this morning in the first-degree murder trial of Casey Anthony in Clearwater, FL.  Even though the trial itself will take place in Orlando, the Judge moved the jury selection process over 100 miles away from the Orlando area in the hopes of giving Anthony a better chance of finding fair and impartial jury panel.  The Defense and Prosecution must find 12 jurors and 8 alternates before the trial can begin.

     The first problem they will encounter will be jurors who can spend 2 months sequestered in a hotel in Orlando to hear this case.  Numerous potential jurors were unable to serve for various hardships.  The judge hopes to find at least 60 potential jurors that are able to serve 2 months of jury duty before both sides start asking specific questions about whether they are qualified for this case.

     They hope to have a jury by Friday.  Those 20 selected will be bused to Orlando to a hotel and will only be allowed to see their families once on Sunday of each week.  Jurors will have to avoid any type of media where they may get information about the case including the Internet, news, newspapers, and television.

Casey Anthony Murder Trial

From 12-3pm I will be on TruTv today discussing the Casey Anthony Murder Trial case and pre-trial motions.

The 3 motions being discussed today are:

1.  A Defense Motion in Limine to prohibit any reference to photographs and social behavior of Casey Anthony that occurred within the month long window from her daughter’s disappearance to when Anthony reported it to the police.  The Defense argues that Anthony’s social behavior during that time is irrelevant as to her consciousness of guilt.  The Prosecution believes that the photos depicting Anthony’s behavior are relevant and their probative value is not outweighed by their prejudicial effect.

2.  A Motion to allow Casey Anthony’s mother and father, George and Cindy, to be excused from the rule of sequestration.  George and Cindy are Caylee’s grandparents and have both been subpoenaed to testify for the State.  The State argues that because they are relatives of the victim, they are entitled to attend all proceedings.  The Court has previously ruled that Caylee’s grandparents could attend the proceedings, but only after they have testified.

3.  An Emergency Motion on behalf of News Organizations to have the Court reconsider the implementation and enforcement of the confidentiality agreement previously imposed by the Court.  The News Organizations argue that the agreement is in violation of their First Amendment and Florida law.

Let me begin by stating that you should never drink and drive.  Let me repeat that.  DO NOT DRINK AND DRIVE.  It's just dumb.  Most bars will call you a cab for free if you have had too much to drink.  If you are an AAA member, they will send you a cab for free if you cannot drive. Even if you are not "wasted" but have had more than one drink, do not drive.  The most common situation occurs when you have only had a few drinks, you feel "buzzed", and then decide to get behind the wheel.  Do not do this either.

If you do get pulled over by the police and you have been drinking there are several things you should do. First, know that there is an odor of alcohol on your breath and you are going to be arrested. Roadside sobriety tests are designed intentionally to set you up to fail.  Additionally, the combination of being pulled over by a law enforcement officer and the flashing lights inevitably produce a nervousness that will guarantee you will perform poorly.  Secondly, after you get pulled over and are asked to step out of your car, DO NOTHING.  Be polite!  Tell the police office that you would like to speak to your attorney before submitting to the roadside test.  He will not let you talk to an attorney.  On every driver's license, there is a single line of print that states you will voluntarily submit to a sobriety test if you are pulled over for suspicion of DUI.  And lastly, say nothing!  Don't argue with the officer. Don't become insolent and aggressive.  Tell the officer that you do not want to submit to the roadside test, then shut your mouth, and let the officer cuff you. You will be taken to the station, fingerprinted and booked.  But never argue, engage, or attempt to convince the officer he is making a mistake.  Just stay calm.

To put it bluntly, suck it up and go quietly.  Allow the officer to take you into custody WITHOUT incident. From the moment you get pulled over, to being cuffed and placed in the back in the back of the police car, know that you are on camera and being filmed.  EVERYTHING you do and say will be used against you.  Once you are arrested, remember that you have the right to remain silent.  Do that!

The ride in the back of the cop car will feel like one of the longest of your life.  You will try to convince yourself that because you only "had a few" that you can pass the sobriety test.  You will feel distressed and upset.  Again, stay calm.

By temporarily facing the music, you have done the one critical thing that will allow me to win your case.  You are not giving the police anything to use against you.  There is no evidence to convict you with.

Call me and I will help you!