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.

A new study suggests that even one single glass of wine or beer can raise blood-alcohol concentrations enough to increase the risk of an automobile accident. The study was published in the journal Addiction, and researchers analyzed national data on fatal automobile accidents during 1994 and 2008. If the study is accurate, it means that there is a greater chance for an automobile accident in Jacksonville Florida and surrounding North Florida areas when a driver gets behind the wheel after consuming an alcoholic beverage.

According to the study, no amount of alcohol was safe for driving. The investigators found that even with minimal amounts of alcohol in a driver’s blood, there were 4.33 serious injuries for every non-serious injury compared to 3.17 serious injuries for sober drivers. The author of the study, David Phillips, a sociologist at the University of California, San Diego, said that ‘accidents are 36.6 percent more severe even when alcohol was barely detectable in a driver’s blood.’

The researchers found three factors that help explain their findings. Philips said that “buzzed” drivers were more likely to speed, improperly wear their seat belts and drive the striking vehicle. In addition, the researchers found a relationship between the driver’s alcohol consumption and the above factors. For example, the greater the driver’s blood-alcohol concentration, the greater the average speed of their vehicle and the more severe the resulting accident.

The authors of the study said that the new findings should encourage U.S. law makers to enact stricter laws against driving under the influence. For more information on this study see, Study: Even one Glass of Beer, Wine Boosts Car Crash Risk.

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.

As part of a plan to raise awareness to high school students about the dangers of drunk driving, especially during Prom, New Smyrna Beach High School has a biannual mock drunk driving class, performed in front of the study body by their peers. Recently, New Smyrna Beach High School students performed a scenario on 10th Street that involved two couples driving to prom. One of the males had been drinking and crashed his car head-on into the other couple's car. Although the drunk driver suffered only minor personal injuries his girlfriend died at the scene. One of the passengers in the second automobile was airlifted to a hospital in critical condition; the second by ambulance. The mock crash began in 1998 at Deltona High School with the hopes that at least one student viewing the simulation would decide to refrain from drunk driving. In addition to the mock crash, random students were given red and black ribbons, representing those who could die or suffer personal injuries. For more read New Smyrna Beach High School puts on mock drunk driving crash to spread awareness to students before prom. According to Patty Tufano, a Bert Fish Medical Center nurse and founder of the Volusia County, Florida, mock crash program, figures from the National Highway Traffic Safety Administration revealed that drinking and driving accounts for 30 fatalities daily across the county. In 2009, thos figures translated to almost 11,000 deaths and more than 74,000 experiences of sustaining serious personal injuries.

A 31-year-old mother of Chuluota, Florida, was recently arrested by the Florida Highway Patrol on allegations that she drunkenly drove to school to pick up her 9-year-old child. The woman was identified as Margaret Lily; she faces charges of DUI and leaving the scene of an accidence. Authorities were notified by a school crossing guard who saw Lily run over a stop sign near John Walker Elementary School with her 2007 Saturn. The crossing guard recognized the car as one belonging to a parent of one of the children who attend the elementary school. A school official confiscated Lily's keys so she could not flee the scene. After troopers arrived, Lily told them she was there to pick up her child but did not recall hitting and running over the stop sign. The mother was arrested after failing several roadside sobriety tests; blood tests revealed her blood-alcohol level was .20 (more than twice the legal limit in Florida, .08). Sadly, this is not the first parent arrested for DUI in Seminole County, Florida. In September 2010, 43-year-old Renee A. Godby, was arrested at Lake Mary Elementary School after she crashed into a car in the school parking lot. This arrest was Godby's fifth DUI. She failed numerous roadside sobriety tests and breath tests read her BAC at .326 and .329.

Ms. Lily will be entitled to defend herself against these allegations through the services of a Florida criminal defense attorney or the services of a the public defender's office. The evidence appears to be quite strong against her but there are legal defenses to DUI charges that are not so obvious in each case.

This mother is lucky she only hit a stop sign; she could have hit teachers, other school officials or worse, children. Drunk driving is highly dangerous and irresponsible. Alcohol reduces ones judgment, reaction time, visibility and a plethora of other senses. Parents should be role models for their children and lead by example - do not drink and drive. If you would like to read more details on this story please see Mother arrested for DUI while picking her child up from school.

Earlier this year, the Jacksonville area was hit with the news that a suspected impaired driver ran a wife and mother, Luma Kajy, off the Buckman Bridge. The reports indicated that the alleged impaired driver, Sasha Pringle, was swerving in traffic before Kajy’s vehicle went over the bridge.

The investigation led to a toxicology finding that Pringle had marijuana, painkillers and anti-anxiety medication, which helped lead to Pringle’s conviction of DUI manslaughter, vehicular homicide and leaving the scene of an accident. As a result of her actions, Pringle was sentenced to a 30-year prison sentence.

The family of the victim, while relieved by the outcome, still suffers the loss of a wife and mother. In Florida, the family typically has two (2) years to file a civil action for wrongful death, however, a new law extends the time for filing indefinitely if the wrongful death was due to an intentional act, including homicide. Wrongful death suits allow families to seek damages for the loss of a parent / spouse and for the loss of companionship and support she provided her husband and children.

Due to the dramatic increase of illegal prescription drug use, authorities says the number of cases of driving under the influence in which the substance is a prescription drug rather than alcohol is also dramatically increasing. However, prosecutors are facing challenges when it comes to charging these individuals. For example, Florida does not require a test to quanitify the amount of drugs in a person's body in a DUI case. Prosecutors say these impairments are hard to prove.

Historically, in many states including Florida, there is a well-developed system to quantify the amount of alcohol in a person's body so that jury can than compare that value to a standard established as an unlawful amount when operating a vehicle. However, when an individual has ingested oxycodone or opiates, no well-developed system of comparison has been created, thus, making it troublesome to prosecute these individuals.

In Florida, a DUI charge is the same whether the driver is influenced by alcohol or drugs and Florida law enforcement officers have limited means to prove impairment. Officers can use field sobriety tests and sometimes rely on drug recognition experts (DREs). DREs are police officers who have completed a specialized training program in detecting impairment due to drugs. To help the state's case, it is important to get an DRE to the scene as soon as possible. Law enforcement agencies can also seek testing done by private labs "if the drug is not on the the FDLE does not currently quantify." However, this process receives massive criticisms from defense attorneys who say that some of these drugs can remain in a persons system for up to a month. Therefore, the debate continues in Florida. If you would like read more on this topic please see Florida law enforcement agencies face challenges in DUI convictions influenced by prescription drugs.

One method to prevent these issues remains solely in the driver's responsibility. If you have consumed any alcohol or ingested prescription drugs that affect your ability to drive the solution is simple - do not drive. Calling a cab or having a designated driver is cheaper and way less burdensome than lawyer and fees, as well as having to defend yourself against the charges.

John E. Medeiros, 58, of Ocala, Florida, faces his second DUI manslaughter charge in two years after the car he was driving fatally struck a motorcyclist. The man riding the motorcycle was identified as Dwayne E. Bradley, 39, of Hawthorne, Florida. Bradley was driving a red 2007 Honda motorcycle as the time of the accident. According to authorities, Medeiros was attempting to turn left onto Northeast 77th Street when the 2000 Cadillac Deville he was driving collided with the motorcycle. The impact of the collision threw Bradley, who was wearing a helmet onto the roadway. Troopers reported that Medeiros continued driving after the collision but eventually turned around and returned to the scene.

Bradley was flown to Shands at the University of Florida in Gainesville, where he was declared dead. The Cadillac that Medeiros was driving belonged to his father. Medeiros' sister, Sheila Medeiros-Sexton, stated that her father did not know that his son had taken the vehicle. Medeiros' sister also stated her brother had been released early from a drug/alcohol rehabilitation center. Medeiros' jail records reveal that he has had a colorful past. His first arrest was back in May 1996 when he was arrested for DUI. On October 1, 2003, he was arrested for driving while license was suspended or revoked. Then, on May 1, 2008, he was arrested for driving while his license was suspended of revoked, DUI manslaughter and possession of marijuana.

For his most recent incident, Medeiros has been charged with driving with a canceled license, DUI manslaughter and violation of probation on a felony charge of driving with a suspended or revoked license. After the collision he was transported to Marion County Jail. If you would like to read more on this story please see Ocala man charged with his second DUI manslaughter, fatally kills motorcyclist.

The death of Dwayne E. Bradley is a tragedy for his family and community. Medeiros should have never been behind the wheel not only because he was intoxicated but also because his license was revoked. Drivers have a duty to drive safely and be courteous to others on the road. Seriously neglecting those duties when you get behind the wheel can be deadly.

On Halloween, there are an abundance of children in the streets of Jacksonville, Orange Park, and other North Florida cities, trick-or-treating from one house to the next. Halloween also brings out the party-goer and alcohol is often handed out to adults like candy is to children. The Florida Highway Patrol is looking out for both this year and has issued driver and pedestrian safety tips. In addition, the Florida Highway Patrol is also committed to cracking down on drunk drivers.
To avoid accidents this Halloween, drivers should be alert and drive more cautiously. If you are traveling in a neighborhood, be aware that kids are around and often their costumes are not bright. Drive carefully through the streets, especially in areas that do not have sidewalks. If a road is dark, be certain to use your high beams. f you are planning on partying with alcohol, it is important to take a taxi. The fact Halloween falls on a weekend means it's more likely kids will be out later. Do not take chances with your life or the life of an innocent child.

For parents, children and other pedestrians, it is important to pay attention to traffic in your area. Be aware of the roadway at all times and know your area before taking a walk. It is also important to take flashlight and/or put something bright on your costume to attract the attention of drivers. It's important to enjoy the night, but also pay attention to the time because the later it gets the greater the chance someone will be returning from a night of drinking.
For more safety tips, visit the Florida Highway Patrol website.

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" »

Pedestrian versus vehicle accidents often result in severe injuries, the same was true in Silver Spring, Maryland when two pedestrians suffered fatal injuries after being struck by a car. The two men, both 26 years old, were walking in the cross walk around 3:30 a.m. Sunday morning. It was reported that the pedestrians were hit by a driver in a black 2010 Acura who later fled the scene after getting out of the vehicle to see what the driver had it. A witness chased the car down and made the driver and passenger return to the scene until police responded. The driver was later located and given a field sobriety test. If criminal charges are pursued, the alleged driver of the vehicle at issue in this accident will be entitled to representation by a criminal defense attorney or the public defender's office.
Florida and Maryland consider a .08 alcohol level to be intoxicated and reason to charge a driver with a DUI. A DUI manslaughter, which would define this scenario, is a higher criminal offense. In addition, the driver could be held liable in civil court for the wrongful death of both pedestrians. In Florida, a wrongful death claim has to be filed with the court within 2 years of the offense. A civil component would allow the family or estates of the two men to seek damages from the at-fault driver, such damages would be payable from the car insurance of the at-fault driver if there is bodily injury insurance in place. If not, or if the damages are higher than his coverage, then the at-fault driver could be held personally responsible for any money damages as well.

Written By: Lenorae Atter, Attorney

Everyone knows that alcohol and drugs and driving don't mix. Every year, there are too many deaths caused by drivers who are drunk or otherwise under the influence of drugs. Many vehicular deaths are also caused by drowsy drivers who fall asleep at the wheel. This may be caused by drugs and alcohol. It may be caused because the driver was merely tired or sleepy. It may be caused when the driver has driven too long or was bored and then fell asleep. Regardless of the cause, it is vital for drivers to be alert and fully awake when driving a motor vehicle.

Recently, a college student was driving back to school, fell asleep at the wheel and crashed into a guardrail, which went through the engine block to the passenger seat. Luckily, there was no one in the passenger seat at the time and the driver walked away from the scene uninjured. According to the Florida Highway Safety and Motor Vehicle's accident statistics for 2009, it is unknown how many of Duval County’s 14,102 accidents in 2009 were caused by drowsy drivers or drivers who feel asleep at the wheel, but of the number of crashes, 114 resulted in deaths. Out of that, how many could have been avoided by people being fully awake and alert while driving on Duval County (Jacksonville) Florida highways and roads?

In a recent article regarding the NTSB, the severity of a car accident involving a drowsy driver was likened to a drunk driver. Even if the driver closes his eyes for a moment, in that moment a serious accident could occur if the car drifts into oncoming traffic. Often these injuries can be life altering because the speed of the vehicle driven by the sleeping party does not decrease before impact.

We often associate such fatigue or sleeping issues with truck drivers, pilots or train engineers, but the average person often drives while tired. Whether you take the wheel after a long day of work or you have to beat your record trip time from Jacksonville to Rhode Island, sleepiness can play a factor. It is important to recognize the signs: yawning, heavy eyes, loss of concentration, and nodding of the head. Once you have the warning signs, take the right precautions: roll down the window and turn up the music until you can pull over, walk around or switch drivers. It may also be prudent to pull over and get some sleep or make arrangements for lodging and then continue the trip the next day.

Continue reading "Deadly Automobile Accidents Caused by Drowsy Drivers Who Fall Alseep at the Wheel" »

After a crash killed a father and his 3 sons, the car of the driver that killed this family was inspected. Inside Demetrius Jordan's, the driver, Chevrolet Impala was a crumbled can of an alcoholic and caffeine beverage called Four Loko.

The alcoholic beverage sells, on average, for about $2.50 per 23.5-ounce can and has outraged attorney generals. For example, Bruce Goldberger, a professor and director of toxicology at the University of Florida, said that drink is a perfect storm - with its combination of alcohol and caffeine.

Four Loko was introduced on the market in 2006. This high energy drink plus alcoholic beverage contains about 12% alcohol - most beers contain 4-5% alcohol - and are loaded with guarana, taurine and caffeine - to give the drink that "extra jolt". The U.S. Centers for Disease Control and Prevention warn that caffeine-based alcoholic beverages can be harmful, especially because of the high alcohol content. Most people may think the two, caffeine and alcohol, balance each other out. However, a study co-authored by UF professor Goldberger, revealed that drinkers of these high-energy alcoholic drinks became impaired more quickly as opposed if they were just drinking caffeine and they wre more likely to engage in riskier behavior. If you would like to read more on this story see Dangers of High Energy Alcoholic drinks in Florida.

After a three-car collision, one of the survivors of the crash is walking for the first time since the accident. Gail Marston, a 66-year-old retired employee from the Duval County School Board, was trying out her new prosthetic leg at a rehabilitation center in St. Augustine, Florida. Marston was driving a blue pickup-truck that T-boned a Lexus, driven by Donalynn Frank, a St. Augustine resident and licensed social worker. Frank, 54, died at the scene. Frank was driving southbound on U.S. 1 when she was struck from behind by a Pontiac Vibe, driven by Daniel Doyle Rocca, a Gainesville resident who was 19-years-old at the time. Toxicology reports revealed Rocca had a .212 blood alcohol content level at the time of the accident. He was booked at St. Johns County Jail on July 31 for DUI and DUI manslaughter.

Marston's son, David Marston, says his mother has not seen the outside of the hospital until a month ago. Marston arrived at the hospital with a shattered heel and ankle, a broken femur, other bones protruding out of her skin and was in a coma for 10 days. After enduring more than 15 surgeries and spending almost 4 months at Shands Jacksonville, Gail Marston was transferred to a rehabilitation center in St. Augustine - a short step in her long and remarkable path of recovery.

If you would like to read more about this story see Woman sustains serious personal injuries after colliding with a drunk driver.

Continue reading "Automobile Accident Victim Taking Steps Following Serious Personal Injuries in St. Augustine, Florida" »

A Jacksonville, Florida man, James Leon Odum, was arrested Sunday, August 15, 2010, for a hit and run with injuries. According to a news story reported by First Coast News, the man admitted to police that he may have been driving under the influence.

The victim, Anthony Griffith, was driving his Honda Fit up the I-10 ramp from Irene Street Saturday night when he was rear-ended twice by a truck. When Griffith pulled his car over to assess the damage, the truck ran into him and drove away. As a result, Griffith suffered multiple injuries including a broken leg and five fractured ribs.

According to the Jacksonville Sheriff's Office, Odum reported the automobile accident and informed the police that he may have hit someone on the I-10 ramp. Odum also informed the police that he may have had too many drinks before driving his truck home.

Driving under the influence is not only negligent, but reckless.

Continue reading "Jacksonville Florida Man Injured in Possible DUI Accident" »

Four family members were tragically killed by a drunk driver in St. Petersburg, Florida while driving home from a beach vacation. Elroy "Roy" McConnell, 51, a triathlete and accountant, his children, Elroy "Roy" McConnell III, 28, and Nathan McConnell, 24, and Kelly McConnell, 19, were pronounced death at the scene. McConnell was driving at about 12:45 a.m. when the driver of a Chevrolet Impala ran a red light, hitting the family head on. Demetrius D. Jordan, 20, was the driver of the Impala and his friend, Mario D. Robinson, 20, was a passenger. Both were taken to a Bayfront Medical Center with serious injuries.

Jordan has been charged with 4 counts of DUI manslaughter, DUI causing serious bodily injury and possession of alcohol by a minor. He is entitled to an defense attorney. If you would like to read more on this story see Minor drunk driver kills a family of four of St. Petersburg, Florida.

These deaths are a tragedy for the family and the community. Driving drunk can kill. Alcohol reduces a person's judgment, slows his or her reaction time and impairs his or her sight and hearing. If you have consumed alcohol you should refrain from driving. Calling a cab or having a designated driver is a cheap or free life-saving alternative.