Jacksonville Personal Injury Blog

During the recent holiday season, the Florida Highway Patrol (FHP) conducted a “Drive Sober or Get Pulled Over” campaign to cut down on the number of alcohol-related traffic crashes.

The FHP has now released the initial results of that campaign. During the time period of December 16 through January 2, the FHP arrested about 500 for driving while intoxicated. At the same time, the FHP issued 36,000 citations across the state of Florida. Citations for drivers in specific cities have not yet been tabulated and released.

Fortunately, these campaigns seem to be working, as the number of citations were fewer than in 2010, however, the number of DUI arrests was up over the same holiday period.

The campaign runs nationally every year from December 16 through January 2. It's organized by the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA).

Drunk Driving

Drunk drivers are involved in at least one-third of traffic crashes and roadway fatalities. Nationwide, at least 10,000 people were killed in fatal auto accidents involving drunk drivers in 2009.

The legal level of intoxication is 0.08 blood alcohol content (BAC). Anyone who has a BAC that number of higher is guilty of a drunk driving infraction. The penalties can range from jail time to the suspension of a license and fines. Eventually, a driver will lose his or her license to operate a motor vehicle. Unfortunately that doesn’t stop some people from driving.

Farah & Farah’s Jacksonville drunk driving victim lawyers recommend a zero tolerance policy toward drinking and driving for all Florida residents. If you are injured in a car crash that involves a drunk driver, Farah & Farah recommends making the phone call that will put an advocate by your side while you spend time recovering. The number for a cost-free consultation with our law team is (800) 533-3555.

Source: http://www.wctv.tv/home/headlines/FHP_Release_DUI_Stats_137217668.html

An article in The Tampa Tribune recently reported on the cost of a teen drinking party hosted by adults. On June 25, 2010, a Tampa couple, who lives in Dade City in Hillsborough County, allowed their 18-year-old son to host a drinking party for about 90 kids on a piece of property they own.

The Florida Highway Patrol report says two teenage girls, one 18 and the other 15, left the party around 2 a.m. in a 2002 Chevy Cavalier. The 18-year-old driver lost control of the car on Wire Road and hit a tree killing the 15-year-old passenger.

The deceased girl’s estate filed a lawsuit October 10 on behalf of the young teen’s 18-month-old son. The lawsuit was filed against the adult parents of the boy who hosted the party because the five acre property belonged to them.

The teen driver survived the Florida drunk driving accident. At the time of the crash she had a blood-alcohol level of 0.15 percent. The legal level for intoxication is 0.08, meaning she was nearly twice the level considered intoxicated.

A Stetson University law professor told The Tampa Tribune that the lawsuit presents a strong civil and criminal case against the parents because minors should never be served alcohol. Even if the parents were not present at the party, it could still be argued they were in “control” of the residence.

The teen driver has pleaded no-contest to DUI manslaughter and will spend 11 months in a Land O’ Lakes jail, four years probation, and one year of house arrest. In addition, she loses her driver’s license for life. The teenage boy who hosted the party pleaded no contest to a misdemeanor charge of hosting an open house party and had to pay court costs.

The Hillsborough County personal injury attorneys at Farah & Farah law firm suggest that any parent who believes it is a good idea to allow alcohol be served to anyone under the age of 21 in their home or property should think again. It could cost a life and almost everything you ever worked for.

Source: http://www2.tbo.com/news/education-news/2011/oct/20/suit-targets-owners-of-property-where-teens-partie-ar-273665/

An interesting story out of the Sarasota Herald-Tribune about Florida’s DUI cases which have traditionally relied on the breath test machine, the Intoxilyzer 8000, to check whether or not a driver measures a blood alcohol level above 0.08 percent, the legal limit for intoxication.

State officials never ran accuracy tests on the machines which have been in service since 2006, and now judges and attorneys have found the machines are miscalibrated, raising questions about whether thousands of DUI charges should stick.

This year, the machines are finally being checked and 40 percent have flunked in that they incorrectly measure the amount of breath flow. While an average person has a capacity of about five liters, the machines would measure up to 12 liters of breath, also increasing the reading on blood-alcohol levels. An accurate breath reading is supposed to be the key to obtaining a quality sample to test for DUI. Those who may have been wrongfully convicted of DUI have not been notified by the state, but the flawed machines have reportedly been recalibrated and put back into service.

In Venice, Florida, a county judge said the results from the test are unreliable and prosecutors are reaching out to DUI defendants. Juries are acquitting defendants in Florida drunk driving accident cases after hearing about the machine problems.

The Florida Department of Law Enforcement (FDLE) stands by the test results, but it has spent more than $2,000 to test the equipment. The Intoxilyzer 8000’s software will be tweaked if the state can acquire $20,000 in funding and FDLE will be required to do a check on the readings.

Source: http://www.heraldtribune.com/article/20111008/ARTICLE/111009605/2416/NEWS?Title=Florida-DUI-cases-built-on-faulty-test-results; http://www.flhsmv.gov/ddl/duilaws.html

The Labor Day weekend will see increased enforcement by police officers in Hernando County as well as the rest of Florida in an effort to target and crackdown on impaired drivers. From Friday, September 2 at 5 p.m. until 5 a.m. Sunday, September 4, the Hernando County Sheriff’s Office as well as the Florida Highway Patrol will be in both marked and unmarked cars to keep drunk drivers off the road, reports Hernando Today.

Because of a stepped-up national effort during what is typically a holiday season of increased alcohol use, there will be a zero-tolerance policy toward driving under the influence. Instead of being given a citation and another chance, motorists could be arrested, charged with DUI, face jail time, a loss of a license, as well as higher insurance rates. Additionally, some will face the requirement of using ignition interlocks.

Florida DUI Driving Statistics
The National Highway Traffic Safety Administration (NHTSA) reports that in 2009, 10,839 people were killed in crashes involving a driver who was impaired, considered to be above a .08 blood-alcohol content (BAC) level. The age group with the most offenders and highest number of fatalities was 21 to 24.

The NHTSA campaign, Drive Sober or Get Pulled Over, reports that between midnight and 3 a.m. drunk driving crashes claim a life every 23 minutes. That amounts to 11,000 people who die on the road every year due to drunk driving, equal to the deaths from 21 jumbo jets crashing.

The Jacksonville drunk driving accident lawyers at Farah & Farah encourage everyone to give a second thought to driving drunk of course, but even driving “buzzed” which some people seem to think is okay. It is not and zero-tolerance may mean you find yourself heavily penalized. You may find yourself in jail, publicly embarrassed, and even in some cases, out of a job.

Source: http://www2.hernandotoday.com/content/2011/sep/01/HAOBITO1-dui-crackdown-set-for-this-weekend/; http://drivesober.nhtsa.gov/

A Jacksonville hookah bar has been named in a civil lawsuit by the family of a teenage girl who was killed by an underage drinker who had just left the bar. The collision happened around midnight November 14, 2010, when a 20-year-old US Navy sailor left the bar in Jacksonville, which had a reputation for serving underage drinkers. His car slammed into one being driven by a 19-year-old who was minutes away from her home to make her 12:30 a.m. curfew. The young man has been charged with DUI and vehicular homicide, which if convicted, can bring him 15 years in prison.

According to a story in First Coast News, before the crash, people on Facebook commented that the bar would serve underage drinkers. The sailor had a blood alcohol level of .204 - almost three times the legal limit for intoxication (0.08), according to the Florida Highway Patrol (FHP). And the news station says the young man had just been released from rehab.

The teenage girl was planning to be a pharmacist. Her family says she was an organ donor and at least her death meant life for some other people.

Under Florida Statute 768.125, an establishment is not liable for injuries caused by someone who was just drinking at its bar unless the drunk driver was under the age of 21, or unless the establishment knew the person was habitually addicted to alcohol. In the latter case, a bartender can claim that they had no knowledge of the habits of the alcoholic, but in the first case there is very little wiggle room- either the drinker was 21 or not.

This case is being prepared for trial. Our condolences go out to the family and friends of the young woman who died through no fault of her own.

Sources: http://www.firstcoastnews.com/news/local/article/213717/3/Hookah-Bar-Sued-for-Serving-Minor-Involved-in-Fatal-Accident and http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.125.html

A judge in Tavaras has ruled that prosecutors can use evidence obtained from a blood test that indicates a well-known civic leader had been drinking vodka just before his pickup truck was involved in a fatal motorcycle accident in Mount Dora in October 2009. The ruling was issued on April 24, and included the right of prosecutors to show jurors a half-full bottle of vodka Florida Highway Patrol (FHP) troopers discovered on the floor of the truck, according to a report in The Orlando Sentinel.

Lawyers for the 48-year-old man argued that troopers needed a search warrant before retrieving the bottle. The pickup truck driver had twice the legal limit for intoxication when he broadsided the motorcycle of a 61-year-old postal worker in Mount Dora on Majestic Oak Drive. The motorcyclist had not been drinking, according to an autopsy.

The man was returning from a Gators football game in Gainesville. A witness who had followed his truck before the crash said it was “all over the place” according to the newspaper.

Florida law considers anyone at or over the limit of 0.08 percent blood alcohol content (BAC) to be intoxicated. A DUI conviction can have lasting consequences and impact your driving record, your employment, and your future.

The Florida drunk driving accident attorneys at the Farah & Farah law firm remind drivers that the only thing worse than causing a car accident while under the influence is to leave the scene, especially when there are injuries or a fatality. Call our Florida offices immediately following an accident with a drunk driver at 1-800-533-3555 so we can begin to advocate for you in your time of need.

According to a report by Channel 4, a 22-year-old died and a 17-year-old was injured on Saturday, March 12, in a head-on collision in Clay County. The 17-year old teen was driving his Ford pickup on County Road 218 about 11:40 p.m., east of Courson Road, when he drifted into the oncoming lane and struck the other vehicle head-on. The driver of that car, a 22-year-old woman, was pronounced dead at the scene of the fatal Florida car crash. The pickup truck driver was taken to Shands Medical Center in Jacksonville and is in serious condition. The accident victim was wearing her seat belt while the teen, who caused the collision, was not. The FHP indicates that he was driving while intoxicated and charges will likely be filed.

Our deepest sympathy is extended to the friends and family of the young woman killed through no fault of her own.

Drivers who get behind the wheel after driving and are over the legal limit for intoxication, 0.08 percent blood alcohol count (BAC), caused upward of 1,004 fatalities in Florida in 2009, according to the Florida Department of Motor Vehicles and Highway Safety. Florida Statute 768.125 states that the party who sells alcohol to an underage drinker can be held liable for any injuries or death that result. A bartender or party host has the responsibility to make sure that everyone served liquor is at least 21, which is the legal drinking age. They can also be held liable if they know the person served is “habitually addicted to the use of any or all alcoholic beverages” and causes injury, damages, or death while intoxicated because there is a foreseeable risk of injury when alcohol is provided to this person.

Unfortunately, a bartender can deny they knew the individual was habitually addicted to alcohol to avoid being held responsible. If you or a loved one have been injured in a car accident that was caused by an intoxicated driver, the law can be complex. The Florida car accident lawyers at the personal injury law firm of Farah & Farah have experienced auto accident attorneys to advocate for you and your family and the experience to take the at-fault driver all the way to trial. Call our Jacksonville offices at (904) 396-5555 so we can meet and discuss your case.

The Florida Highway Patrol (FHP) is reporting that one of two drivers involved in a two-vehicle crash that claimed four lives several months ago in Anthony, FL was intoxicated, according to a story in The Ocala Banner.

FHP troopers say the driver of one of the vehicles registered a blood-alcohol level of 0.148 percent, while his passenger had a blood alcohol level of 1.116 percent. The state’s defines driving under the influence at a legal limit above 0.08 percent.

Unfortunately, the late August Florida car crash crash on Northeast Jacksonville Road north of 110th Street killed two passengers in the other vehicle who were not impaired.

The 26-year-old men in the first vehicle were returning home from a convenience store where they had just purchased beer. Neither man was wearing a seat belt.

Our condolences go out to all family members and friends of those involved in this senseless and tragic loss.

Florida Drunk Driving Laws
The attorneys at Farah & Farah often find that DUI crashes in Florida involve repeat offenders. It is such a problem that the state allows has a fine schedule for a first, second, and third conviction. A third DUI can lead to your car being impounded for up to 90 days. By the fourth or subsequent DUI, a third degree felony charge can lead to a $5,000 fine and/or 5 years in prison.

It often is the repeat offenders who cause the bodily injury and death that finally gets them off the road for good. Please call the Florida auto accident attorneys at Farah & Farah for a comprehensive review of your car crash if you suspect a drunk driver may have been involved. You may be entitled to be compensation for an accident that was not your fault.

The trial of major league baseball player, accused of driving drunk and killing a mother of two, begins on Monday, November 1, in Fort Lauderdale, according to The Palm Beach Post News. A jury was chosen Thursday, October 28, in the DUI manslaughter trial of Jim Leyritz, 46, who was a catcher during an 11-season big league career.

He is accused of running a red light in December 2007 and crashing into a vehicle driven by Fredia Ann Veitch, 30, who was thrown from her SUV and later died. Leyritz blood alcohol level was 0.14, almost twice the legal limit of 0.08 under Florida law and his BAC was taken three hours after the fatal Florida drunk driving car crash.

The six-person panel was told Thursday that this was a high profile case and would likely last four weeks. Jurors were discouraged from watching television or reading about the case.

Florida DUI Laws
Lawyers for Leyritz will not be able to introduce evidence that Ms. Veitch was not wearing her seat belt at the time of the accident and may also have been driving under the influence. The main issue for the jurors to decide is whether Leyrich ran a red light or not.

It is illegal in Florida to drive under the influence of alcohol or drugs. If he is convicted of running a red light while intoxicated, Leyritz, who has pleaded not guilty, faces between 4 and 15 years in prison. He has already settled a wrongful death lawsuit brought by the family of Ms. Veitch.

An experienced Florida car accident attorney will guide victims and their families through the court system if they are unfortunately involved in a motor vehicle accident with an intoxicated driver. Farah & Farah has an open door policy if you’d like to discuss your situation.

This is a dubious distinction for Jacksonville.

Insurance.com has listed Jacksonville as 10th among the top 20 U.S. cities for drunk driving arrests. The group, which calls itself the largest independent online auto insurance agency in the U.S., states that a top ranking does not just mean there are more drunk driving arrests and presumably more auto accidents – there may also be better enforcement of DUI laws.

In a city that is as spread out as Jacksonville, there is also a higher probability that a person will get behind the wheel to drive, even if they are intoxicated, rather than try to rely on public transportation.

The Florida Highway Patrol (FHP) tracks drunk driving arrests. FHP spokesman Lt. Bill Leeper is quoted in a recent News4Jax.com story, saying that the number of people driving while intoxicated has actually declined in recent years.

The FHP is known to set up unannounced DUI checkpoints from time to time in order to catch people driving intoxicated and to discourage drunk driving. Despite the state’s efforts, over 4,000 people were caught driving under the influence in Florida last year. Estimates are that one in 12 of all drivers will be a drunk driver.

If you have been injured in a Florida auto accident with a drunk driver, the experienced Jacksonville drunk driving accident attorneys at Farah & Farah will work hard to ensure the negligent party is found liable in your case so you can be compensated for your injuries or a loved one’s wrongful death.

We often report on adults who make the very bad decision of providing alcohol to young drinkers. It has happened again and we are hearing the specifics of the case. This time, two adult men in Palm Beach Gardens admit that they hosted an open-house party attended by teens that were provided alcohol. Following one party last August, three teenagers were killed in a Florida wrongful death car crash at a construction site. The two adult men have been arrested.

Craig Frick, 24, and David Harper, 28, turned themselves into police. Frick and Harper have been charged with allowing teens to drink on their property. WPBF is now reporting details of the arrest report.

The two adults admit to having a house party in August, 2009. Conner Graver, 16, and his friends, Christopher Briglio and Nicholas Coady, both 18, all died together when their SUV slammed into a front-end loader after they left the party. Toxicology tests prove all of the teens had been drinking. Coady, the driver, had a 0.251 blood alcohol level, more than three times the legal limit for intoxication.

A wrongful death lawsuit has been filed by Graver’s parents against the construction company for failing to have adequate lighting at the site.

Continue reading "Teens Die in Accident from Alcohol Provided by Adults" »

The party house mom’s trial has wrapped up in St. Augustine, Florida, according to a News4Jax article. In the first prosecution of its kind, Diane Santarelli, 52 is on trial for two counts of manslaughter in the deaths of two teens who left her home after drinking and drugs. She is also facing one count of hosting an open house party and one count of contributing to the delinquency of a minor.

The defense rested its case on Thursday, May 20 in regards to the Florida drunk driving crash. During the trial, two of the teens at a January 2009 party, Jessy Pitts, 18, and Taylor Brennan, 17, left the party in a 1991 Ford Thunderbird. The car was northbound on S.R. 13 when it left the road, hit a guard rail and trees and then caught fire. The two teens burned to death. Pitts was found to have a blood alcohol concentration of .18 - more than twice the legal limit. The teens were Bartram Trail High School students and members of Celebration Church.

The defense had argued that few in attendance of the January 2009 party were invited guests, but a teen testified for the prosecution that Pitts, Brennan, and others were invited for a “ManFest” January 11, by Santarelli’s daughter while Ms. Santarelli’s husband was out of town. The defense also tried to convince jurors that Pitts had been consuming alcohol before the party.

One teen on the stand testified he saw Santarelli taking shots with Pitts. Another teen testified she saw the adult woman smoking marijuana. A receipt proved that Santarelli made a run to a nearby liquor store. Santarelli’s attorney tried to show that she didn’t encourage kids to drink or do drugs and that she was concerned about how they would get home.

Santarelli‘s case is precedent setting. It is the first time a person has been charged in the state with manslaughter after hosting a house party for teens where drugs and alcohol were available.

Florida social host laws have generally applied to businesses. A bar that serves an underage drinker is breaking the law and a person can be charged with a misdemeanor of the second degree. For a misdemeanor of the second degree, state law defines the imprisonment not to exceed 60 days under Florida law 775.082.

But when the social host is serving alcohol at home, they can be liable for accidents and injuries that occur after the party where alcohol and drugs were served to minors. The liability has never before extended to a manslaughter charge. No matter how wrong this woman was to serve alcohol to minors and encourage partying at her house, we are a country of laws and the law just isn’t there. In this case, she is facing up to 31 years in prison.

This www.lohud.com story is out of New York where a West Nyack man, who is accused of injuring two police officers by running into a police cruiser while DUI, is also wanted on a Florida warrant charged with assaulting a Miami Beach police officer. The 30-year-old man from West Nyack is in jail on a$75,000 bond. He’s been convicted there of drunk driving three times in the last five years, most recently when he rammed the police cruiser. In January 2003, he was charged with disorderly conduct and assaulting a Miami Beach female police officer who asked him to leave after a disturbance. He was taken to jail after pushing the officer to the ground. It is still not clear why he was not prosecuted on that charge but Florida contacted New York to say it still has a warrant for his arrest on those charges.

Our condolences go out to the family of this man who seems on a path of destruction. Let’s hope that he doesn’t take anyone with him before he is locked up, at taxpayer expense, once again.

Alcohol-Related Crashes
Miami-Dade County saw 43,376 Florida auto accidents in 2008, according to the Florida Highway Patrol. 1,878 were alcohol-related and there were 271 fatalities from crashes.

DUI Laws and Liability Issues
Driving under the influence is a serious crime under Florida law, which defines anyone with a blood alcohol level over 0.08 as impaired. Under Florida law for Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

• 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 an 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).

Continue reading "Man Charged With DUI That Injured Two Cops" »

A Clewiston, Florida man faces 12 counts of DUI and causing bodily injury as well as possession of marijuana after the car he was driving hit a Palm Tran bus carrying 13 people. The Naples News reports that the 41-year old man was arrested on January 20, 2010 when his car ran a stop sign, slamming into the bus. The Palm Beach County Sheriff’s Office says the deputy at the scene reported smelling alcohol coming from the man’s car and that the man’s demeanor indicated he was under the influence. According to the deputy, a search of the man’s car uncovered a small bag of marijuana. The bus driver and passengers as well as a passenger in his car were taken to a nearby hospital with injuries.

Our prayers for a speedy recovery go out to all injured in this accident.

Alcohol-Related Accidents in Florida
The Florida Highway Patrol reports that state and local law enforcement agencies in Florida issued almost 65,000 DUI violations in 2008. While alcohol-related fatalities in 2008 were down from 2007 by 6%, 39.5% of all traffic fatalities involved alcohol, the highest it’s been in years. While no one was killed in this accident, one man is accused of driving under the influence and causing the injury of 14 people.

Continue reading "Clewiston Man DUI Hits Bus" »

A St. Johns Circuit Judge has refused to dismiss manslaughter charges against a 51-year-old woman accused of letting teens drink in her house and doing nothing to stop it.

The Judge said that the woman’s actions “set in motion a chain of events” that ended with the January 11 deaths of an 18-year-old and a 17-year-old.

The two St. Johns County teens were leaving a party at the woman’s home. Friends say they were too drunk to get behind the wheel of a 1991 Ford Thunderbird. The car veered off State Road 13 near Orangedale and hit some trees, bursting into flames. Both teens died. The driver’s blood alcohol level was 0.18, more than twice the legal limit.

The woman’s attorney says that allowing someone to leave your home intoxicated does not merit a manslaughter charge and her defense will be that the kids arrived at her house already intoxicated.

But prosecutors say the woman allowed, provided, or encouraged minors to drink alcohol at the house party and smoke marijuana. And they say this was not the first party hosted by this particular woman, according to prosecutors. She is alleged to have hosted parties in September, two in December 2008, as well as the one in January.

Continue reading "Party-House Mom Facing Manslaughter Charges" »

She will spend the next four years in prison for DUI manslaughter. Many are saying she got off lucky. It was bad enough when last April, the 25-year-old woman side-swiped a van on I-295 near San Jose Boulevard. But instead of staying at the scene of the early morning wreck, police say she drove away.

She might have gotten away with it, but when she left the scene, she kept driving and then lost control of her pickup truck on Crown Point Road and struck a tree. As often happens with people who are driving while under the influence of alcohol, she was uninjured, but her 30-year-old male passenger died at the scene. Despite the death of her passenger, the woman took off on foot and was eventually tracked down by K-9 teams.

The woman pled guilty to DUI manslaughter. This week she was sentenced.

We wonder how the family of her passenger feels about her four years behind bars. According to state guidelines, the woman could have received 15 years for a felony in the second degree. Leaving the scene, in this case twice, bumps the sentencing to a first degree felony.

The driver of any vehicle involved in a crash that results in the death of any person is required by Florida law 316.027 to immediately stop the vehicle at the scene of the crash or as close as possible, and remain at the scene.

You are required to stay and render aid and give information to any officer investigating the scene and to give aid to anyone injured at the scene including getting them to a doctor or hospital if that is requested by the injured person.

Continue reading "DUI Hit-and-Run Driver Sentenced" »

California will begin testing a requirement that drivers convicted of DUI install a device in their vehicle that stops the car from starting if alcohol is detected on the driver. The driver’s breath gives him away. A breathalyzer will be installed in the car for five months under the law. Any detection of alcohol and the interlock device will keep the car from starting, even a small amount of alcohol. This is a six-year test pilot project.

A similar law went into effect in Florida in 2003, mandating that some drunken drivers have the ignition interlock device installed in their car.

Florida’s legal intoxication blood-alcohol level is 0.08 or more grams of alcohol per 100 milliliters of blood or a breath-alcohol level of 0.08 or more per 210 liters of breath.

Repeat DUI offenders and first-time offenders with a BAC over .15 would have to install the devices. The law would also apply to those who drove under the influence with a child in the car.

The law states that the lock will be installed for six months for first offenders and the lock will not allow the car to start unless the driver's blood alcohol content (BAC) is under 0.05.

With a second conviction, the driver must have an ignition interlock device operated or owned by the convicted person. A third conviction and they get a mandatory placement for a period of not less than two years. A third violation can bring you up to 12 months in jail and the mandatory placement for at least two years. Fines go up from there.

The law also states that for a third or subsequent violation, the offender must complete a DUI treatment course.

If you are pulled over and you do not have an approved interlock device, you will be subject to arrest for violating your driver’s license restriction.

Continue reading "Ignition Devices Could Stop Repeat DUI Offenders" »

Florida driver deaths appear to be substantially down this year according to the Florida Highway Patrol. Seven were killed and the FHP says 136 impaired drivers were arrested during the four day Labor Day weekend. However, the total number of wrongful death auto crashes in Florida has not been released yet. In 2008 during the Labor Day period, 36 people died in crashes.

In addition to the arrests, FHP officers issued over 16,000 citations. That huge number resulted from Labor Day enforcement that was part of a larger effort beginning August 21 and running through September 7th. During that time period, FHP issued more than 57,000 traffic tickets and made 540 arrests for DUI of alcohol or drugs and 20,000 received citations for speeding.
In addition, law enforcement was out in force to watch for violations of the Move Over Law. Troopers issued 2,200 citations for violating that law.

The Move Over Law refers to protecting law enforcement when they are parked on the side of the road to help motorists. It states that:

• On a two-lane roadway, you are required to slow to a speed that is 20 miles per hour less than the posted speed limit.


• If the speed limit is 20 miles per hour or less, you must slow down to five miles per hour.


• If you are driving on an interstate or roadway with multiple lanes of travel in the same direction, and you approach an emergency or law enforcement vehicle parked along the roadway, you must vacate the lane closest to that vehicle as soon as it is safe to do so. If you are not able to safely move over, you must slow down to a speed of 20 MPH below the posted speed limit unless directed otherwise by a law enforcement officer.

Continue reading "Labor Day Deaths on Florida Roads" »

It sounds like a comedy skit, except it is not funny. A man was driving his motorcycle naked on I-75 in Marion County early Tuesday morning. A Marion County deputy was driving when he stopped the naked man, a 45-year-old, at a red light. There were no answers to the question why he was naked but the deputy did get an answer from his breathalyzer test – a blood alcohol level above .08. The man was legally drunk. This was not a surprise.

The motorcyclist was charged with what was his fifth DUI. Jail records showed he was later released on $20,000 bail.

The U.S. is the most lenient nation when it comes to DUI. In Europe, many countries say if you drink, you don’t drive. The general standard for DUI there is 0.05 BAC. Caught over the limit, you are cited and your car is towed. You can lose your license and go to jail for a first offense.

In Dubai, for example, drinking and driving brings you a six month jail sentence. No questions asked. No exceptions. Zero alcohol tolerance.

Zero tolerance means different things in different places. It is illegal in every state for someone under the age of 21 to purchase and publicly possess alcoholic beverages. 46 states, including Florida, have established lower blood alcohol concentrations (BAC) for young drivers. That’s because the federal government reports nearly one-third of all deaths of 15-to-20 year olds result from motor vehicle crashes and one third of them are alcohol-related. In Florida it is .02 for those under the age of 21 driving a vehicle under the state’s “Zero Tolerance” policy.
In Florida an “Enhances Penalty” will be brought if the driver has a BAC particularly high, typically .15 to .20. DUI offenders with a BAC at or above those levels can expect to face additional jail time.

Florida’s “Implied Consent” laws mean that someone driving who is suspected of DUI must submit to some form of a chemical test such as breath, blood or urine testing. If they refuse? They can lose their license usually for six months to a year.

Continue reading "Naked Motorcyclist – 5th DUI" »

The Florida Highway Patrol reports that two people were injured last Wednesday when a pickup truck driver lost control of his vehicle and rolled, landing on its roof. According to FHP, a 21-year-old man was driving on SR A1A around 1:19 a.m. at the intersection of Grandview Road near St. Augustine Beach.

The driver was taken to Shands Jacksonville with serious injuries after being thrown from the pickup and through a privacy fence. His passenger, also a 21-year-old male, was trapped in the truck and taken to Flagler Hospital.

A blood alcohol test will be conducted and charges could be filed depending on the result. We wish these young men the best for a speedy recovery. The responding officers did a great job in getting the second man out of the vehicle and to the hospital.

I wish we knew more information such as, what kind of car was involved. Was a cell phone found at the scene and had the driver been texting? Were the occupants wearing their seat belts? What speed were they traveling and what were the road conditions at the time?

We hope these young men pull through, but speeding or road conditions and any of the above, including alcohol consumption, just doesn’t mix with driving.

Florida had more than 22,000 alcohol related crashes with more than 1,100 alcohol related fatalities across the state in 2008. Additionally there were more than 15,700 alcohol related injuries. Labor Day weekend in Florida is reported to be among the deadliest for drivers. Last year 36 people lost their lives on Florida roads and alcohol contributed to 12 of those deaths.

Continue reading "Two Hurt in Single Vehicle Wreck" »

An 18-year-old, who was driving a pickup truck that rolled and killed a passenger last January, has been charged with DUI manslaughter, according to a story. The 18-year-old male of Bryceville was driving eastbound on Roy Booth Road, just south of Callahan, when his truck veered off the road at a curve, then traveled through a ditch, back across the roadway and then overturned. A 20-year-old male passenger of Callahan was killed.

We offer our sincere condolences to the family of this young man who left this world at such a young age. The Florida Highway Patrol investigated and determined that the 18-year old was the driver. Initially there were some claims he wasn’t, and that alcohol was involved. DUI manslaughter charges will be added to vehicular manslaughter, driving with a suspended license, and failure to wear a seat belt. The 18-year-old in this Florida drunk driving accident faces fifteen years in prison for one night of carelessness in his criminal case.

In a civil case, a personal injury attorney will need to be involved to ensure the defendant is not allowed to deny that DUI was a factor in any wrongful death lawsuit to follow. Determining the driver was drunk establishes that they were driving recklessly and could open the door to punitive damages against the drunk driving teen.

In this particular case, it is not clear why the decedent was ejected from the pickup truck. Family members may want to determine whether he was wearing a seat belt and whether the restraint system worked as it is supposed to. Generally, the assumption is that the passenger was not wearing a seat belt, when the truth may be that the product, the seat belt, was defective in some way. In that case, the family may have a Florida auto product liability action against the vehicle manufacturer or the maker of the seat belt.

Continue reading "Nassau County DUI Accident Kills Passenger " »

A 16-year-old high school girl was killed early Monday morning on July 27, 2009 when a pickup truck in which she was riding along with six others, over corrected, then struck a curb and overturned, according to an article. The teen, a student at Lee High School, was thrown from the vehicle and pronounced dead at the scene. We are so sorry for the loss of this young person. Our hearts go out to her family at this tragic time.

We now know that there were six people in all were in the small pickup truck, three in the cab and three in the bed. All three in the bed were thrown out when the vehicle appeared to be traveling too fast around a curve in Bartram Park Boulevard, according to the Jacksonville Sheriff’s Office. Another passenger from the cab is also reported to be in critical condition with a broken neck, vertebra, and broken ribs. Altogether, four others were injured. The car crash in Jacksonville happened around 4 a.m. according to JSO. Alcohol use was involved, according to law enforcement.

Investigators have determined the teens were at a birthday party that wrapped up early Monday morning. When the party was over, the three jumped into the truck bed for the ride home.

The driver is now identified as a 19-year-old whose birthday everyone had just celebrated.

Continue reading "Jacksonville Rollover Pick-Up Truck Accident Kills Teen" »

Today is day one of Operation C.A.R.E. that stands for Combined Accident Reduction Effort and is being conducted by the Florida Highway Patrol. Those of you on the roads for the next 72-hours will be watched very carefully for speeding, not wearing your seat belt, and DUI. The CARE program and increased traffic patrols runs through Sunday.

FHP is very serious and plans to conduct DUI checkpoints and have DUI teams driving through areas looking for those of you driving under the influence.

Additional radar, laser, motorcycles, and marked and unmarked patrol vehicles will be on the road as well as aircraft to spot violators from the air, then direct troopers to pull them over. All of this is intended to reduce the number of crashes expected.

The Insurance Institute for Highway Safety has found that the Independence Day weekend is the deadliest for motor vehicle accidents in Florida and across the country – with 161 deaths on that day alone in 2004. This year, if you are on the road and see someone behind the wheel who should not be, FHP has set up a number – dial *FHP (*347) from your cell phone and you can report an aggressive driver and also request roadside assistance as well.

Enjoy the fireworks, our great country, stay well and don't become another statistic.

Cleveland Browns wide receiver Donte Stallworth is facing DUI manslaughter charges for hitting a pedestrian crossing a Miami causeway March 14th, according to a report. Stallworth’s Bentley hit the man early in the morning as the pedestrian was running to catch a bus home from his construction job.

There are a couple of things to consider in this fatal drunk driving accident in Florida. The pedestrian, Mario Reyes, 59, was not crossing in the crosswalk. Technically, that could put him at fault since Florida does not have the same consideration of pedestrians as California does. You stop for a pedestrian in California- period.

But Stallworth’s blood-alcohol measured .126 after hitting and killing Reyes and for that, Stallworth, 28, could face up to 15 years in prison.

Police said that the NFL player had been drinking at the Fountainbleu Hotel on South Beach and was going home around 7 a.m. Stallworth saw Reyes. He blinked his lights at him as a warning. He was also driving about 50 in a 40 mph zone. One factor that Stallworth does have on his side is that stopped and told police that he hit the man lying in the road.

Stallworth had just signed a seven-year $35 million contract with the Browns just before he was injured and sat out much of the year.

The Miami-Dade State Attorney says it best and it bears repeating. “If you are going to drink, don’t drive.”

Continue reading "NFL Player Donte Stallworth Faces Charges for Killing Man in Pedestrian Accident " »