Texting While Driving Leads to Felony Charge

Texting while driving has become the latest traffic safety issue to garner headline attention. Earlier this month, the Polk County, FL sheriff’s office charged a man with reckless driving causing serious bodily injury, a third degree felony. The charges arose from an August accident in which the man, while reportedly texting, crashed into the back of a garbage truck. The accident pinned a worker between the driver’s car and the truck resulting in the worker losing both of his legs.

Currently, 19 states, including Alaska, California, Louisiana, Minnesota, New Jersey, and Washington and the District of Columbia ban texting while driving for all drivers. Several other states are looking to address the issue in upcoming legislative sessions. In Pennsylvania, the motorist safety club AAA has endorsed similar legislation. Since federal laws cannot directly address an individual state’s driving laws, there is a national call for a federal law that would require all states to ban texting while driving or risk losing federal highway money marked for local use.

At home here in Florida governor Charlie Crist recently requested that the legislature address this issue in its 2010 session. And locally, the City of Parkland. FL became the first Broward county city to pass an ordinance banning texting while driving. If caught, the fine is $100.

A recent study (opens in a pdf file) by the Virginia Tech Driving Institute shows that the risk of an accident increases 2.8 times while the driver is dialing a cell phone. That risk increases to 23 times for a driver that is texting compared to normal driving conditions.

There is a question as to whether these laws are effective. Only time will tell as most state laws addressing this issue have been in place less than a year.

Fort Lauderdale Criminal Lawyer

Florida “Stand Your Ground” Law

There have been several incidents reported in the news recently regarding people inside of their homes defending themselves against an intruder. In Palm Beach County, a homeowner shot and wounded a man who broke into his home. Also in Palm Beach County, a man who had broken into a home was beaten with a baseball bat by the residents of the home. Lastly, in Miami-Dade, a man was killed by the homeowner after the man jumped the fence surrounding the home. The question to be asked is in each case is was the home’s occupants justified in their actions.

In 2005, Florida passed what has become known as the “Stand Your Ground Law.” This law expanded on the Castle Doctrine, which is a long recognized legal principle that a person’s home is their “castle” and the person has no duty to retreat while in their home when faced with an intruder. The “Stand Your Ground Law” states that:

1) It is presumed, that is, taken as a fact, that anyone who forcibly enters, or attempts to forcefully enter, someone else’s home or occupied vehicle is there to cause death or great bodily harm.

2) It removes a person’s “duty to retreat”, that is, the duty to avoid the confrontation before using force, if you are attacked in any place you have a right to be. In other words, you don’t have to avoid the person attacking you and you may “stand your ground” fighting back with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to you or others.

3) A person using such force shall not be prosecuted for a crime or sued in civil court. Fla. Stat. 776.032.

The law has been tested several times in criminal court throughout Florida. What may be learned from these cases is that, as in every criminal case, each case is made of different facts and it is the specific facts of each case that will determine whether a person has a right to stand their ground. In some cases, the defendant was exonerated and found to have acted appropriately thus avoiding criminal penalties. In others, the defendant did not. The law will continue to be tested with the facts of each case scrutinized by police, prosecutors, defense lawyers and judges.

Fort Lauderdale Criminal Defense Attorney

FHP to increase enforcement during 4th of July

Fort Lauderdale Criminal Attorney Gary Cole learned that the Florida Highway Patrol will conduct Operation C.A.R.E. (Combined Accident Reduction Effort) from July 3rd through July 5th. Operation C.A.R.E will focus on drives who speed, do not wear seat belts, and who may be Driving Under the Influence.

All available troopers, auxiliary troopers, and reserve troopers will be visible on the roads conducting DUI checkpoints and using DUI roving teams over the three day weekend. FHP plans to use RADAR, LASER, motorcycles, marked and unmarked patrol vehicles to track speeders and aggressive drivers. In certain areas, FHP plans to use its aircraft to spot violators from the air and then direct troopers on the ground to make the traffic stop. Operation C.A.R.E will focus FHP efforts on every interstate, the Florida turnpike and other major state roads throughout Florida.

Governor Crist signs new prescription drug tracking bill

Florida Governor Charlie Crist signed a prescription drug tracking bill into law. Until this law was signed, Florida was among a number of states without a prescription monitoring program. The new law will create a database where doctors and pharmacists will be required to record prescriptions for most drugs given to patients. The law’s goal is to close what some have called a “pipeline” for drugs that leads to other states and to detect and prevent “doctor shopping”. Boyd County, Kentucky Sheriff Terry Keelin stated that the majority of people arrested by his department for drug crimes are getting their pills from Florida pain clinics. .

City of Miramar – July 3rd DUI Checkpoint

The City of Miramar Police Department will conduct a DUI checkpoint in the 2100 block of S.R. 7 from 8 p.m. on Friday, July 3rd until 3 a.m. on Saturday, July 4th.

Fort Lauderdale Criminal Attorney

June 2009 Broward DUI Checkpoints

On Thursday, June 18th from 9pm until 1am Friday, June 19th, Pembroke Pines police will conduct a DUI checkpoint at Pines Boulevard and 74th Avenue, across from BCC’s south campus.

Lauderhill police will conduct a DUI checkpoint from 8 p.m. Saturday, June 20th until 3 a.m. Sunday, June 21st on Sunrise Boulevard near U.S. 441.

Fort Lauderdale Criminal Defense Attorney

Fort Lauderdale Traffic Attorney – Red Light Cameras

Many South Florida cities are installing cameras at major intersections to catch those who run red lights.  The camera takes a photograph of the car’s license plate as the car passes through an intersection and the car’s owner then receives a “ticket” in the mail.  This is not a regular traffic ticket but rather a “city ordinance” violation. Fines can range between $75 to $500 but average about $125.  Although owners are not assessed points on their driver’s license for the offense, if a police officer stops someone and issues a traffic ticket for the same incident, a driver/owner could be made to pay twice.

In Broward county, Pembroke Pines installed cameras months ago and Fort Lauderdale recently voted to approve the installation of cameras. In Palm Beach county, West Palm Beach, Juno Beach, and Boynton Beach are expected to install cameras in the next few months. Delray Beach and Boca Raton are expected to vote on installation later this year.

Cities cite a desire to decrease traffic accidents as the reason for using cameras. However, according to a study by the University of South Florida, the effectiveness of using cameras to prevent accidents is questionable. If true, then one may ask why cities are installing cameras.

Fort Lauderdale Criminal Attorney:

While city leaders tout the potential of preventing accidents as the main reason for red light cameras, quite simply, these devices generate revenue. The city can impose a fine and possibly an administrative fee for processing the violation. Some contractors providing the cameras are paid a small percentage of each fine collected thus alleviating the need for a city to expend revenues to purchase the cameras. In tough economic times, governments everywhere look for ways in which to increase dwindling revenues. It seems that using cameras is one such way.

Fort Lauderdale Drug Attorney – Local police union opposes drug testing

Union officials at the Plantation police department oppose drug testing for officers unless the officers are given the identity of their accusers. While the union does not oppose random drug testing of officers, it disagrees with the selective testing of officers based upon unsubstantiated accusations unless the accuser’s identity is made known.

Different agencies have different standards for requesting drug tests. The Broward Sheriff’s Office can request a drug test without explanation. The Coral Springs department does not reveal the source of an accusation and requests drug testing from officers using a “reasonable suspicion” standard after approval of at least two department members. The Fort Lauderdale Chief of Police may require an officer to take a drug test at any time.

Fort Lauderdale Criminal Defense Lawyer Gary Cole:

The news is rife with stories of police and politician misconduct regarding drugs. Recently, several BSO deputies were investigated for illegal use of steroids. (More than half subsequently tested negative for steroids). Florida promotes random drug testing of high school athletes and a Florida legislator recently announced that he would like to require random drug tests on those receiving unemployment compensation. While this may be a lofty pursuit, why does the public not insist on drug testing for those who are charged with protecting the public. Should we not hold public servants to a higher level? Politicians, their staff, police officers should all be subjected to drug testing – and not randomly. Only then can the public have confidence in those charged with its protection.