Court Ruling on Blood Alcohol Testing Machine Challenge

The State Attorney's Office says the panel of judges ruled that sobriety testing devices used were in fact federally approved ones. This denial of 400 defense DUI motions is the third unsuccessful challenge to the Intoxilyzer 8000 breath instrument since 2005. If the motion had passed the defendants would have successfully suppressed the breath test results and many would have had their DUI cases thrown out. The seven judges ruled unanimously that the Intoxilyzer was properly tested by the Department of Transportation and has been a "conforming product" since 2002.

DUI CASES NO LONGER ON HOLD IN COURT-- Sun-Sentinel, http://www.sun-sentinel.com, March 23, 2010.

DUI CASES TO MOVE FORWARD AFTER JUDGES REJECT CHALLENGE TO BLOOD-ALCOHOL TESTING MACHINE-- The Palm Beach Post, http://www.palmbeachpost.com, March 23, 2010

Big Brother Faces Challenges

Many cities in Florida rushed to install red light cameras without legislative authorization and now they are facing challenges to keep these cameras in place. There’s a pending class action lawsuit against the city of Temple Terrace for permitting American Traffic Solutions (ATS) to install and operate the traffic cameras. The traffic camera program was initiated to generate $3 million in annual revenue, mostly targeting vehicles that were illegally turning right at red lights where prohibited. Although Florida’s legislation has consistently refused to permit automated ticketing, these companies proceeded to install the cameras. The primary argument against Temple Terrace is that there’s already state law in place for red light running and Florida Statutes § 316.007 doesn't allow municipalities to "enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized". Like other cities in Florida, Temple Terrace claims to avoid this restriction by creating it’s own ordinance violation adjudicated by a recently created red light camera "hearing officer". However, according to attorney, Jack L. Townsend, Jr., the state constitution gave our legislature exclusive jurisdiction over civil traffic hearing officer systems and cities cannot just implement their own judicial system. Since Temple Terrace cannot use state law to enforce camera based citations, the city’s ordinance gets its teeth by declaring that a vehicle owner who fails to pay the fines will be denied rights and privileges, including the right to use municipal facilities, to obtain licenses or permits, and other restrictions.

Resource: www.thenewspaper.com

Is Your Music Too Loud For Florida’s Roadways?

In 2010, Florida’s legislators will be reviewing a proposed Bill, which would make driving with loud music a more severe crime and carrying harsher punishment. State Representative D. Alan Hays (R-Umatilla) introduced House Bill 137 to the Florida House of Representatives in September. If passed, this Bill, would modify the current loud stereo statute by imposing double the fines and making the offense a moving violation. If cited 3 times for this offense, the House Bill 137 would impose 3 points against their license and a $180.00 fine. These points would increase auto insurance premiums for the cited individual.
As it currently stands, it is currently unlawful to drive past a church, school or hospital with a stereo "plainly audible" from 25 feet away or that is "louder than necessary for the convenient hearing by persons inside the vehicle". Law enforcement and politicians are excluded from this law, since politicians often use loud sound devices for "political purposes".
While state law already imposes fines for loud stereos, many cities have already written their own civil ordinances imposing harsher laws and stringent punishment.
Resource: www.thenewspaper.com

Do I Need Med Pay Coverage?

Med Pay is optional and supplemental auto insurance coverage offered in the State of Florida and can be purchased for an additional fee. Med Pay coverage will pay the 20% of medical bills that PIP does not cover and when PIP is exhausted will pay 100% of the medical up to the coverage limits. Unlike PIP coverage, Med Pay does not compensate for lost wages. Med Pay is affordable coverage that helps when someone’s negligence causes you to suffer significant injuries and large medical bills. Typically depending on the amount of coverage purchased, Med Pay can be added to a policy for around $50.00 a policy period. You should check your policy for Med Pay and consider adding this coverage.

Personal Injury Precautions and Holiday Time

Holiday time often fills your home with family and friends. But during this joyful time, homeowners should be actively protecting visitors to your home from potential hazards.

Halloween will soon be here, and this holiday comes with its own set of hazards to your home and those visiting your home. Many legal and insurance commentators offer advice for protected the safety of those visiting your home, and for protecting yourself against liability.

This may be the only time of the year that your home will be visited by many strangers, creating a unique situation for premises liability. Legal commentators note that this holiday is particularly risky for slip-and-falls, which create a liability for the home owner. (Injury Board.)

Many of these hazards can be easily prevented. It is good to make sure that in the area where trick-or-treaters come up to your house is well lit. (Home Safety Council.) Also, clear this area of clutter including Halloween decorations, and pumpkins. (Home Safety Council.) This will help to prevent falls which you could be liable on your property.

Another way to prevent liability is to make sure that your pets, whether inside or outside are properly restrained, so that they don’t jump on or hurt visitors to your home. (Insurance agents).

http://www.homesafetycouncil.org/SafetyGuide/sg_halloween_w001.asp
http://www.insuranceagents.com/halloween-home-safety.html
http://voices.injuryboard.com/property-owners-liability-slip-and-fall/liability-on-halloween-slip-fall-or-safety.aspx?googleid=272190

Drive-By Tasering Results in Teen Death

On October 3, 2009 Pensacola Police Officer Jerald Ard saw Victor Steen , 17, at a construction site. As Steen began to ride away on his bicycle, Ard pursued him in his police cruiser and ordered him to stop. However, Steen did not stop. Ard attempted to stop Steen by using his Taser, but Steen was able to turn into a bank parking lot. He then crashed his bicycle and was run over by Officer Ard.

Ard has been placed on paid leave pending an investigation by the Florida Department of Law Enforcement. Thereafter, results of the investigation will be turned over to the State Attorney’s Office to determine whether Ard should face criminal prosecution.

In response to this incident, the Pensacola Police Department decided to update its Taser policy. Assistant Chief Chip Simmons released a memo stating officers are not allowed to fire their Tasers out of or into moving vehicles, which includes bicycles.

If you believe a police officer has improperly used a Taser on you or believe you are the victim of excessive force, contact my office to schedule a consultation so that I may advise you of your rights.

http://www.newsherald.com/news/pensacola 78192 teen death.html

Taser May Be Cause of Bradenton Man’s Death

A 38 year old man from Bradenton who was riding his bike and subsequently ran from cops following a traffic stop was tasered and died less than an hour later at Manatee Memorial Hospital. An autopsy will be conducted to determine the cause of death. Family members said that the man suffered from epilepsy. Until a full autopsy is conducted, the Police Department will not make any comments as to whether the taser caused the death.

http://www.bradenton.com/news/local/crime-and-courts/story/1737465.html

Alleged Excessive Force Used At Orient Road Jail

Two individuals who have recently been taken to the Orient Road Jail because of allegations of Driving Under the Influence have filed notices of intent to sue the Hillsborough County Sheriff’s Office for excessive force. Both incidents of excessive force occurred in the central breath testing area. One individual states that she went unconscious while waiting to be administered a blood test and a deputy pulled her off the chair and dragged her across the floor. The second individual claims he was choked by officers while taking the breath test. The Hillsborough County Sheriff’s Office denies any wrong doing by its officers.

http://www2.tbo.com/content/2009/oct/07/2-dui-arrestees-allege-excessive-force-hillsboroug/

Florida Driver’s License Emergency Contact Information

You never know when or if you will be involved in a horrific car accident or will need emergency care. When these situations occur, you might not be able to call your loved ones to tell them that you are being transported to the hospital or that you need their help. The Florida Department of Highway Safety and Motor Vehicles offers a free service which allows you to provide emergency contact information to law enforcement in the event of an emergency, if you have a current Florida Driver’s License or Florida Identification Card. Having this information accessible saves critical time. The emergency contact information is protected under the “Driver Privacy Protection Act (DPPA) and automatically blocks the release of driver license information, name, address, telephone number, medical or disability information and emergency contact information. Please consider logging onto http://www.flhsmv.gov/index.html and provide your emergency contact information.

Driver Privacy Protection Act. http://www.flhsmv.gov/index.html

Commercial Driver’s License and DUIs

If you have a CDL and are convicted of DUI, you will lose your CDL in addition to the penalties you will receive under Florida law. This could cost you your living.

If you receive your first DUI conviction while driving a non-commercial vehicle and have a CDL, then you may lose your CDL for a period of one year. A first DUI conviction while driving a commercial vehicle will result in the loss of your CDL for one year if you are transporting hazardous materials that do not require a placard. If the hazardous material needs to carry a placard then you will lose your CDL for three years.

If you have a CDL and have been arrested for DUI in the Tampa Bay area, contact me so I can advise you of your rights.

When Would I Have to Install an Ignition Interlock Device?

DUI CONVICTION	DEVICE REQUIREMENT
First Conviction	If Court Ordered
First Conviction if 0.15 or Minor in Car	At least 6 months
Second Conviction	At least 1 year
Second Conviction if 0.15 or Minor in Car	At least 2 years
Third Conviction	At least 2 years

These requirements are set forth by Section 316.193, Florida Statutes.

Driving Under The Influence Of Drugs Increasing Nationwide

A recent report by the National Highway Traffic Safety Administration shows that the number of drunken driving arrests has been declining. Surveys show that in 2007, the number of drivers having a blood alcohol level of 0.08% or higher have declined to 2.2%. In 1973, the percentage of intoxicated drivers was 7.5%. Unfortunately, the number of drivers testing positive for drugs has increased. With 16% of drivers testing positive for drugs, law enforcement agencies are utilizing urine testing if drugs are suspected. In Hillsborough County, if a breath alcohol reading shows a result of .05% or lower, a urine test will be requested to test for the presence of drugs.
http://articles.moneycentral.msn.com/Insurance/InsureYourCar/more-stoners-on-roads-than-drunks.aspx?page=1

Michael Maddux, PA adds Hurricane Insurance Claim Representation

Michael Maddux P.A. can help you negotiate through the insurance issues arising from Hurricane related litigation. See The Florida Hurricane Attorney

Now Michael Maddux, P.A. can help you with Hurricane Insurance Claim Representation, State Criminal Defense, FL Statute 3.850, State Criminal Defense Appeals, Federal Criminal Defense, D.U.I., Formal Review Hearings, Federal Criminal Defense Appeals, Juvenile Delinquency, Juvenile Delinquency Appeals, Juvenile Dependency, Juvenile Dependency Appeals, Personal Injury, Automobile Accidents, Motorcycle Accidents, Premise Liability, Wrongful Death and P.I.P. Litigation.

New Seat Belt Law in Florida

Starting June 30, 2009 law enforcement officers can stop you for the single offense of not wearing your seat belt. Officers no longer have to have another reason to stop a vehicle to issue a citation for a seat belt violation. Now, motorists can be ticketed if either they or their front seat passengers fail to wear their seat belt. All passengers under 18 years of age are also required to wear seat belts, regardless of where they are sitting in the vehicle. The penalty is a $30 fine plus administrative and court costs, which makes most tickets cost about $100, varying by county.

Disparity in Cocaine Sentences May Soon End

President Obama recently voiced his desire to change federal law concerning the sentencing disparity between crack and powder cocaine crimes. Under current federal law, it takes five-hundred grams of powder cocaine to receive a five-year mandatory minimum sentence. On the contrary, it only takes five grams of crack cocaine to receive that same sentence. Interestingly enough, 9/10 of crack cocaine arrests are of African Americans, while 3/4 of powder cocaine arrests are of white people. Changes in sentences will hopefully end this example of institutionalized racism in the criminal justice system.

Investigation Continues into Miami Beach Police Tourist Shooting

On June 14, a Virginia man was shot and killed by police officers in Miami Beach. Prior to this unfortunate incident, Husien Shehada was at a nightclub with friends and family. After returning to their hotel at about 4:30 a.m., Shehada and his brother decided to go back out. While walking down the street, police received calls informing them that it appeared Shehada and his brother were carrying firearms. When police arrived on the scene they ordered the two men to stop and put and their hands up. Immediately thereafter, police shot and killed Shehada. His brother claims they both stopped, but police state otherwise. An investigation has been launched to determine whether this shooting was justified. I’ll keep a close eye on this one as the investigation progresses.