North Florida Injury Lawyer Blog

The Associated Press reported that a driver (Milton Lee Minier - age 25) was sentenced to a prison term of 10 years for a DUI accident that resulted in the death of the passenger (Tiffany Manzano - age 21) in the vehicle. It was reported that Mr. Minier's blood alcohol level (BAL) was documented at .185 which is over twice the legal limit of .08 in the State of Florida. See DUI Sentenced Handed Down in Duval County (Jacksonville) Florida.

Driving Under the Influence (DUI) can and does lead to serious personal injuries and in cases like the one above - the unfortunate and untimely death of a driver and / or passenger. DUI accident can be avoided by taking the simple act of designating a driver, calling for a ride, and / or calling a taxi or cab for a ride. DUI drivers on Florida roads put the driver, passenger, other drivers and passengers, bicyclists, pedestrians, and motorcyclists at risk.

It is important for drivers in the State of Florida to follow the law and drive with the utmost of caution. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida and other States, the combination of college "fun" and alcohol can prove to be very dangerous and deadly. The University of Central Florida is dealing with the aftermath and ripple effect of the death of college freshman -Ann Hefferin. Moving forward, University of Central Florida and its administration must decide what alcohol policy to follow and what measures will be taken to enforce it. Of course, there is no such thing as a perfect world or perfect system in which no further injuries or deaths result from the use or misuse of alcohol with respect to college students. Nevertheless, the death of one college student is one too many. For more information on how the University of Central Florida is dealing with the aftermath of the death of Ann Hefferin - see UCF Considers Amnesty for Student Drinkers.

The consequences of underage drinking and illegal drug use will virtually affect all college campuses, communities and students whether they partake in the illegal activities or not.

In Fernandina Beach (Nassau County), Florida, four people were arrested in connection with a house party where a University of Alabama football player, Aaron Douglas, was found dead. The Fernandina Beach Police Department said that the four residents of the house were charged with allowing an open house party where at least 16 people younger than 21 drank alcohol or used drugs.

The body of twenty one-year-old Douglas, offensive lineman, was found on the home’s balcony. He was vacationing in Fernandina Beach and had gone to the home after being invited to a party. The Nassau County medical examiner’s report found that Douglas died from the drugs found in his system. The residents charged with allowing an open house party were Neal Clements, 22; Nathanial Flanders, 21; Daniel Stouter, 24; and Dana Luberto, 23. Of course, each Defendant will be entitled to legal representation by a Florida Public Defender and / or by a Florida Criminal Defense Attorney.

Under Florida law, it is illegal to allow an open house party to take place if any alcoholic beverage or illegal drug is possessed or consumed by a minor. Any person having control of the residence should take reasonable steps to prevent the possession or consumption of alcoholic beverages or drugs. Any person found in violation of Florida Statute, 856.015 Open House Parties- commits a misdemeanor of the second degree.

For more information on this topic, see 4 charged for house party linked to Alabama football player's death.

The Fifth District Court of Appeal in Daytona Beach upheld the trial court’s conviction of Diane Katz Santarelli. The trial court charged Santarelli with a misdemeanor of allowing an open house party and contributing to the delinquency of a minor. The charges were based on allegations that at some point during the open house party Jesse Calvin Pitts, a minor, drove from Santarelli’s residence in a vehicle with Taylor Rea Brennan (also a minor) as his passenger. Pitts and Brennan subsequently died in a car crash on State Road 13 after leaving the party. Santarelli’s attorney, Gerald S. Bettman said that she will decide whether she wants to ask the court of appeal to reconsider or take the case to the Florida Supreme Court. For more information, see court rules against house party mother.

An open house party was traditionally referred to as a party or social gathering that is scheduled for a period of hours, sometimes for an entire day, with no set time of arrival or departure. However, more recently open house parties often refer to parties at a house involving primarily young persons, under the age of 21, that drink alcohol and take illegal drugs. Florida Statute 856.015 defines an illegal open house party as:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A violation is punishable as a second degree misdemeanor. For more information on Open House Party laws, see Florida Statute 856.015.

If you drink and drive you increase the chance of being in a Florida automobile accident. Steven M. Dickson, 62, was charged with DUI manslaughter last Sunday for a Florida automobile accident that occurred off County Road 48 near Istachatta Road. Dickson was driving a Chevrolet SSR with a blood-alcohol level of 0.1555 according to news reports, which is nearly twice the legal limit. The Florida Highway Patrol reported that Dickson swerved to avoid an animal in the road but lost control of the vehicle and it overturned. Both Steven and his passenger, Deborah A. Dickson, 62 were ejected from the vehicle. Deborah Dickson was transported to Tampa General Hospital where she sadly died.

Drinking and driving causes accidents and deaths every day and therefore the penalties in Jacksonville, as well as other Florida cities are very tough. According to Florida Department of Motor Vehicles records there were 34,638 DUI convictions in Florida in 2006. As expected larger, more populated counties account for the majority of the DUI Convictions. Following is a summary of DUI convictions in Florida’s largest cities.

- Hillsborough County (Tampa) - 4,107
- Pinellas County (St Petersburg) - 2,760
- Duval County - (Jacksonvile Area) - 2,170
- Miami-Dade - (Miami) - 1,824
- Brevard County (Melbourne) - 1,665
- Broward County (Fort Lauderdale) - 1,606

If you are caught drinking and driving, the result may be jail time / prison sentence, loss of your Florida driver’s license, heavy fines, and much higher auto insurance rates. Also, a possible conviction that would stay on your Florida driving record for 75 years. For more information on this topic, see Inverness man charged with DUI manslaughter after passenger dies from crash.

In Florida, many people suffer serious personal injuries when they are involved in an automobile accident / trucking accident with a drunk driver. Many accidents are caused or made more serious when a drunk driver is behind the will. Both motor skills and judgment are affected by the consumption of alcohol. If a person is injured as a result of the fault of a drunk driver, the victim can pursue an insurance claim and a civil action against the drunk driver. The decision to prosecute the drunk driver belongs to the local law enforcement agency and the State Attorney's Office. Restitution may be obtained through the criminal case but usually only for out of pocket economic expenses like medical bills. While drunk driving is an aggravating factor to the case, the value of a personal injury case is still primarily based on the extent of the injuries, medical bills, medical treatment, diagnosis of the injuries, and prognosis of the injuries. It is possible to pursue a claim for punitive damages against the drunk driver; however, it should be kept in mind that insurance companies do not cover punitive damage awards.

Continue reading "What Are My Rights if I am Hit by a Drunk Driver in the State of Florida?" »

In Florida and other States, people enjoy hunting on private land at hunting camps. While most hunters and visitors to the camp have fun, there are accidents and incidents at hunting camps from time to time. In St. Johns Counyt, Florida, the Florida Times Union reported that there was an unfortunate accident that ended the life of one man (Forest W. Noda) and caused injuries to Krystal Fars, and Chelsea Register. Deputies from the St. Johns County Sheriff's Office responded to the scene.

The details of the accident were not reported. While driving on private roads may be subject to different regulations than on public roads, safe driving and the safety of all occupants should still be a priority. The hunting camp is located near Interstate 95 and Florida 206.

You can read more about this story at Fatal Accident on Hunting Camp Road in St. Johns County Florida.

According to the story posted in the Florida Jacksonville Times Union newspaper / website, alcohol may have played a factor in the accident. Further investigation will be completed due to the death and injuries associated with the accident.

A Baker County automobile accident recently took the life of a local Sanderson hero, 20-year-old Christopher Jefferson. He was an Army reservist scheduled to deploy for duty to Afghanistan, according to Channel 4 News. He, along with Ardis Page, father of two, was killed after a Jeep Cherokee failed to stop at a stop sign at US Highway 90 and crashed, head-on, into the car carrying Christopher Jefferson, Ardis Page and Page's two children (the two children suffered injuries and were transported to Shands).

In a sad twist, Jefferson is the brother of Milton "Oshay" Johnson, who suffered paralyzing injuries in a Baker County high school football game two years ago.

The traffic investigation report indicates that the driver of the Jeep Cherokee had a strong odor of alcohol on him at the scene. The Florida Highway Patrol is waiting on the toxicology reports to conclude the investigation. Unfortunately, due to the number of drunk driving expected accidents, the results may take more than a month.
Florida drunk driving laws and charges are dependent on results of .08 or greater for people 21 years of age or older. For those less than 21, the results need only be .02 or greater. The driver of the Jeep was 36 year-old Christopher Wayne Wheeler, according the Channel 4 News report. Charges can increase based on the facts surrounding the DUI charge, so if there was property damage, accident with injuries, accident causing death, then the charges are determined accordingly. Each charge holds different consequences.

In addition, Florida recognizes Wrongful Death actions. If the death is the result of a homicide or intentional action, then there is no bar on how long the family or estate has to bring the civil action for damages. Wheeler, the driver of the Jeep, could be held liable not only criminally, but civilly as well.

Of course, any actions taken, whether civil or criminal, will be subject to Florida laws and evidentiary proof of the allegations. In the criminal cases, a Defendant is entitled to legal representation by a Florida criminal defense attorney or the services of the Florida public defender's office. Since there was a death and serious personal injuries, there will be detailed investigation and report of this accident that will be reviewed by the respective parties to determine the appropriate course of action regarding this Florida automobile accident.

A Sunday accident in Vilano Beach Florida caused multiple injuries. It was reported that Michelle Millero, a 49-year-old woman, made a left hand turn into the path of a 2002 Chevrolet pickup truck carrying a 59-year-old driver Roy Smith, a 13 year old and another passenger. Both passengers were taken to Flagler Hospital with injuries. The driver was not injured at the scene. The driver, Michelle Millero, was taken to Shands with non-life threatening injuries.

In a typical automobile accident case involving injuries, the passengers would first get medical treatment through their own car insurance, or the car insurance of a relative they reside with (the 13 year old boy would fall under his parents’ insurance). The insurance coverage for the initial medical treatment falls under the PIP (Personal Injury Protection) portion of the automobile insurance policy. PIP is a type of No-Fault Automobile Insurance since it does not matter who is at fault for the accident for PIP coverage to apply. The State of Florida requires every registered car owner to carry at least $10,000 in PIP coverage.

In addition, the injured parties would also have a claim for their injuries against the driver of the vehicle who was at-fault for the automobile accident. There would also be a potential claim against the owner of the vehicle driven by the at fault driver. There are various kinds of optional automobile insurance offered in the State of Florida as well as other States. When there is an automobile accident involving injuries, it is important to find out whether there is bodily injury insurance and / or uninsured / underinsured motorist insurance in place.

Continue reading "Vilano Beach Florida Automobile Accident Injures Several People" »

Written By: Lenorae Atter
Attorney at Law
Injuries resulting from a drunk driving accident can be disabling, if not fatal. Florida law recognizes what is commonly referred to as "Dram Shop Law," which allows for liability for such accidents to be place on not only the responsible individual, but the restaurant, bar or individual that served the drunk driver.

In accordance with Florida Statute 768.125, simply providing alcohol to someone of legal age does not place liability on the serving individual. However, serving alcohol to a minor does establish liability. In addition, serving alcohol to a known drunk (i.e. the regular at a bar that always drinks until unable to stand) also places liability on the individual, bar or restaurant that served the person known to have such a reputation or propensity for drinking and driving.

Continue reading "Florida Drunk Driving Accidents - Who Can Be Held Liable?" »