Florida Child Injury Lawyer Blog

The Florida Highway Patrol takes drunk driving in Jacksonville, Florida and other Florida towns and cities very seriously, saying that it is one of the most deadly crimes. Their motto is "Over the Limit, Under Arrest.” If you get pulled over on suspicion of drunk driving, a breathalyzer and / or field sobriety tests will help officers determine if you are over the legal limit. Drivers found to be drunk face jail time, losing their driver’s licenses, higher insurance rates, and many other expenses.

The Florida Highway Patrol has released some tips so that drivers can determine their own limit before getting behind the wheel. For example, they would like to remind people that one drink is the equivalent of .54 ounces of pure alcohol; that is the amount found in one ounce of 100 proof liquor, twelve ounces of beer, or four to five ounces of wine. Also, it does not take many drinks for the average person to reach the legal limit of .080 blood alcohol content. A 120 pound woman would very likely be well over the limit after consuming three drinks in one hour. A 180 pound man would be over the limit after four drinks in the same time period.

Driving under the influence of drugs or alcohol (DUI) is no joke. It can be harmful or even fatal both for the driver himself and for innocent victims on the road with him. Drivers are urged to contact the Florida Highway Patrol by cell phone at *FHP (*347) to report any dangerous driving behavior. Callers may be anonymous.

Read more about the Florida Highway Patrol’s efforts to cut down on drunk driving at FHP continues holiday enforcement.

If your child has been injured by a driver who was under the influence of drugs or alcohol, please contact our Jacksonville, Florida firm for child injury legal counsel.

According to a Marion County, Florida Sheriff’s Office report, Nekisha Smith made a trip to the McDonalds drive thru one evening with her five year old son in the car. An employee of the restaurant became concerned after noticing that Ms. Smith was allegedly speaking with a slurred voice and smelled of alcohol. She also reportedly seemed confused about her order once she reached the window. The employee told Ms. Smith that her food was still being cooked, and asked her to pull forward to wait for it. He then called police.

When police arrived, Ms. Smith was parked in the McDonalds parking lot, eating her food. She reportedly told deputies that she was just tired from drinking the day before; she also said that she was taking several medications, including Zoloft. She failed field sobriety tests, including a breathalyzer that showed a blood alcohol level of .13. The child’s father was called to pick up the boy, and Ms. Smith was arrested. She has been charged with drunken driving and child neglect. Deputies have contacted the Florida department of Children and Families about the incident.

Read more about the alleged McDonald’s drunken drive-thru incident Mother arrested in McDonald’s parking lot, charged with child neglect, DUI.

If your child has been injured by a drunk driver, please contact our Jacksonville and Northern Florida law firm for child injury legal counsel.

Angela Stone’s daughter, Shelby Taylor Hagman, was killed in a drunk driving accident in Hernando County, Florida in 2007. She was riding in a minivan with her grandparents, Larry and Deborah Wynn of Brooksville, Florida, when Christopher Marcone ran a stop sign and crashed into their car. Marcone pleaded guilty to DUI manslaughter and three related charges and is currently serving 13-years in prison.

Angela Stone then filed a civil lawsuit against Marcone for the death of her daughter. She has said that she does not have any hope of collecting a settlement from Marcone, but she is not doing it for the money; the lawsuit is an effort to send a message to would-be drunk and reckless drivers.
A jury of six women awarded Stone the one of the largest verdicts in Hernando County history, and possibly in the state of Florida - $55 Million in compensatory damages and $275 Million in punitive damages. Stone is also suing Kia Motors Corp. and a local auto dealer who sold her grandparents the minivan they were driving on the night of the accident. She claims that a defective seat belt in the Kia minivan also contributed to Shelby’s death.

In Florida, there is no cap on punitive damages in cases involving intoxicated defendants. As this case shows, drunk drivers who kill or harm others face not only legal but financial repercussions. While punitive damages, especially won from an incarcerated person of little means, are rarely paid to plaintiffs, they do make for great headlines. And those headlines can send a strong message to drivers everywhere.

Find out more about this story at Hernando jury awards mother $330 million in drunken-driving death of teen.

An Oviedo, Florida high school special education teacher recently resigned from her job. The resignation followed a DUI crash and arrest of a student who was reportedly given alcohol and the use of a vehicle by the teacher. The Orlando Sentinel (Reporter: Willoughby Mariano) wrote an excellent article regarding this incident. It was important for the reporter and Orlando Sentinel to cover this story since it shows that some teachers have extremely poor judgment that, at times, leads to serious consequences. In this case, a teen was in an automobile accident and then arrested due to intoxication. The teen even make threatening comments to police officers upon his arrest. While there were no reported injuries, this kind of incident could have lead to quite tragic consequences if the teen or another person had been serious ly injured or died as a result of this DUI crash. Dylan Ferguson, age 18, was a senior of Oviedo High School, as of the date of the accident. Yes, Dylan is an adult and should have known better. Furthermore, Dylan should be held responsible or accountable for his action. In addition, any person, including teachers and others, should also be accountable or responsible if alcohol was knowingly provided to a person under the age of 21 in the State of Florida. You can read more about this article at Oviedo Teacher Resigns Following DUI Crash and Arrest of Oviedo High School Senior.

Inexperience, immaturity, driving while intoxicated, and carelessness all contribute to a fatal crash rate among teen drivers that is three times higher than for other drivers. For example, in 2008 in Florida, over 68% of children from 0-17 years old who were killed in car accidents died because they were not properly restrained with a seatbelt or car seat. In the same year, 18-year-old Florida teens had the highest rate of crash involvement and 19 year olds had the highest fatality rates from car crashes.

Research has shown that teens learn driving habits from their parents, so it is important for parents of teens to take an active role in teaching their children good driving skills. This includes always using a safety belt, not exceeding the speed limit, and not being distracted by passengers while driving. Distraction has been cited as the number one cause of teen crashes in the US.

Find out more about this story at Florida to Observe National Teen Driver Safety Week.

Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

In Fort Pierce, Florida and other cities, drivers put themselves and others at risk for personal injury and wrongful death when they drive under the influence of alcohol or drugs otherwise known as D.U.I. (Driving Under the Influence). Fredrina Yvonne Johnson was recently arrested for D.U.I. for driving under the influence of alcohol with five children in the vehicle. Ms. Johnson refused to take the breath test and had the smell of alcohol on her breath. She was also reported to be belligerent at the scene of the arrest. People should be responsible when driving especially when driving children around town. You can read more about this story at Florida Mother Arrested for DUI with 5 Children in the Car.

Teens these days can be quite advanced in what they know and what they do. However, many teens, while loaded with knowledge, often lack good judgment. This especially applies to drinking and driving. It is well know that alcohol impairs judgment and motor skills. When you combine impaired judgment with poor judgment to begin with, you have a most dangerous combination. Because of this, there are alarming statistics out there on teen drinking and driving. Prevention and education are key to making the streets safer for our children. Teens often drive under the influence because they believe that they are invincible. They also drive and do not ask for help for fear of punishment or retribution by parents. While parents should not encourage or accept a teen who drinks alcohol, parents at time need to let their children know that safety is paramount to everything else. If your teen or a friend of your teen needs a ride or assistance, make sure that your child knows that you will be there day or night for a ride. It is far preferable to pick up your child from a party or a friend's house late at night than an emergency room or morgue / medical examiner's office later. You can read more about the problems of teen drinking and driving at Teenage Drunk Driving Risks.

The Florida Division of Alcoholic Beverages and Tobacco recently arrested for store clerks from various stores in Green Cove Springs (Clay County) Florida for the selling of alcohol to people under the age of 21. The stores involved were the Green Cove Springs Package Store, Island Food Store, the Kangaroo Convenience Store, and the Hess Gas Station. The Florida Division of Alcoholic Beverages and Tobacco conducted the sting operation with the assistance of the Green Cove Springs Police Department. See Florida Times Union - The Florida Division of Alcoholic Beverages and Tobacco Take Action Against Clerks Who Sold to Underage Customers.

Underage drinking is certain a problem in many respects. One, young people typically do not have the judgment to know their limits. Second, young people often times think that they are invincible and can do many things under the influence that they should not including driving, biking, swimming, skateboarding, and many other activities that can lead to serious personal injury and death. Third, young people may act carelessly that causes serious bodily injury to other children and adults who happen to be at the wrong place at the wrong time.

Cracking down on store clerks is only one way of many that State and Local officials can use to try to limit and deter underage possession and consumption of alcohol.

Kimberly Gae Equatore was arrested in Ocala, Florida and charged with DUI. She was passed out behind the wheel of her truck with her 4 year old son in the front seat. A Marion County Deputy Sheriff found Mrs. Equatore and tried to administer a field sobriety test. She refused to complete the test or undergo a breath test. Three small bottles of vodka were found in the vehicle. Florida criminal law allows for the arrest of a person who is suspected of DUI if the person has control of the vehicle. The law applies even if the vehicle is not moving. This applies even if the engine is not on.

This story shows the dangers of drinking and driving. Many drivers on Florida roads ignore the safety of others including themselves and their children. It is absolutely true that drinking and driving do not go together in any form. Thankfully, the Marion County Deputy Sheriff arrived on the scene to prevent a true disaster from happening - theinjury or death of child and others resulting from a driver under the influence of alcohol and / or drugs. Of course, Mrs. Equatore will have the representation of a criminal defense attorney or public defender. She is innocent until proven guilty but things do not look so good for Mrs. Equatore based on the facts presented in this news story.

Every day on Florida roads, children are injured as a result of an automobile accident. Many accidents result from the negligence of the driver of an automobile, truck, or motorcycle. Children cannot be held liable for any part of the negligence if the child is not driving. Typically, children under the age of 16 are not driving and are innocent victims of negligent drivers. Questions often arise as to insurance coverage and responsibility for medical bills, pain and suffering, and the loss of enjoyment of life for the child. In addition, parents have related claims for the loss of services and support as a result of the child's injuries. As a Florida child injury lawyer handling automobile accident cases, I am familiar with insurance requirements and claims as well as the litigation or lawsuits involving these cases. Children in Florida have unique legal rights that must be handled properly. In addition, the medical needs of a child greatly differ from that of an adult and it is important for the child to be treated by a doctor who is experienced in treating injured children. From a legal standpoint, it is important to get legal representation early in the process so that no rights are waived. Insurance companies and their adjuster and attorneys have an unfair advantage over the average consumer and it is important for the family of the Florida injured child to even the playing field by retaining legal counsel to advise, protect, and enforce the rights of the injured child.

A picture speaks a thousand woods. This saying is especially true for an auto / bicycle accident that took place in Monterrey Mexico. A drunk driver fell asleep at the wheel and crashed into a group of bicycle racers. One bicycle racer was killed and many others suffered personal injuries as a result of the negligence of a drunk driver. The photograph in this month's newsletter is amazing and tragic. Take a look at the photo and this month's newsletter, read my comments, and send me an e mail with your thoughts.

Graduating high school is an accomplishment and part of the life cycle in Jacksonville Florida. Children and parents alike celebrate and look forward to the joys of summer. Unfortunately for some children and families in Jacksonville Florida, the celebration can turn into personal injuries, wrongful death, and / or prison.

Alcohol should not be served to or consumed by a person under the age of 21 in Florida. The reason for the law is to keep alcohol away from children who drive cars and otherwise wreak some havoc in the spirit of having fun, being obnoxious, or just being stupid. When you mix alcohol and immaturity, you can a bad result.

Providing alcohol to minors is a second degree misdemeanor punishable by a $500 fine and up to 60 days in jail. Getting arrested should not be the only deterrent for parents and other adults. The safety of children and others should also be considered. Drunk driving deaths and injuries are prevalent in Jacksonville Florida and other communities. Many of these incidents result from underage drinking.

Throw a party. Celebrate graduation. Keep alcohol away from children. It may be easier to throw an alcohol free party. Yes, keep alcohol away from the adults as well. Sometimes, safety is more important than getting a buzz.

Matt Coleman, a Florida Times Union writer, wrote a good article about graduation parties and the problems created by underage drinking. You can read the article at Careful What You Serve to Graduates.

Florida deaths resulting from drunk driving have fluctuated over the years. In 1983, the percentage of alcohol related deaths peaked while the lowest number of deaths was reported in 1997.

Almost 30 % of the deaths in 2006 involved drivers with a Blood Alcohol Content of .08 or higher. You can read more about these statistics atFlorida Death Statistics Involving Drunk Drivers.

In Florida, the percentage of alcohol related fatalities peaked in 1983, while the actual number of alcohol related deaths peaked in 1986 and the lowest number of drunk driving deaths occurred in 1997. In 2006, out of all traffic fatalities, 29% involved a blood alcohol concentration (BAC) of 0.08 or higher, with 959 fatalities, which was a big drop from the year before.