Articles Posted in Drunk Driving Victims

Tougher DUI laws may be on the horizon in Florida, as U.S. lawmakers decide whether to enact a bill aiming to curb drunk driving accidents in Fort Myers and throughout the country.

The proposed bill would offer money to cash-strapped states if they agreed to adopt an ignition interlock program for first-time DUI offenders.

The new law would set aside $500 million for highway safety initiatives across the country, with about $25 million of that going to state governments that make it a priority to remove drunk drivers from their roads.

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Florida already has an ignition interlock program, though it is more often utilized for repeat DUI offenders. It works like this: A person who has been convicted of a DUI can apply for a restricted driver’s license. In order to obtain that license, the state would require that they install one of these devices, which works much like those used by law enforcement, and measures the blood alcohol content in the driver’s breath before the car can be started.

Although critics – namely those with the American Beverage Institute – argue that the bill would cost states more to implement than it would be worth, we would point out that it is the drunk drivers who pay to have the devices installed. Also, what kind of price would you put on the life of your loved one?

Our Fort Myers drunk driving accident attorneys have been long-time supporters of local initiatives that take aim at drivers who drink, including sponsorship of the Mobile Eyes campaign through the Lee County Sheriff’s Office. This is the program in which anyone who calls 911 to report a drunk driver and mentions the Mobile Eyes campaign will receive a $50 reward if that driver is pulled over and arrested for a DUI.

The local sheriff’s office has held many sobriety checkpoints in recent years. In 2010, the sheriff’s office reported 1,096 arrests for driving under the influence. That is an astonishingly increase of 32 percent since 1999, when there were 741 arrests.

This points not only to the increase of drunk drivers on our roads, but also the increased enforcement efforts. But think of how much more our law enforcement officials could accomplish if they didn’t have to spend so much of their time busting drunk drivers? This new bill would stop potentially impaired drivers before they could even get on the road. And it will save lives.

Some may see such a measure as a harsh penalty for someone convicted of just one DUI offense. If the only person affected by drunk driving was the person behind the wheel, we maybe could understand that point of view. But drunk drivers put everyone at great risk of serious injury or death. Also consider that, according to MADD researchers, drunk drivers have usually driven drunk about 80 times before they are ever arrested.

And it only takes one short trip for a drunk driver to ruin or take an innocent life.
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As we recently reported on our Florida Injury Lawyer Blog, law enforcement agencies throughout Southwest Florida were out on the hunt for dangerous drivers through the busy holiday season. During this time, the Lee County Sheriff’s Office and hundreds of law enforcement offices were pushing “4D Prevention Month,” which targets drunk, distracted and drugged drivers.
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The increase in patrolling efforts is over, but the risk for car accidents in Naples and elsewhere throughout Southwest Florida continues through the busy winter tourism season. We would like to ask all residents to make a New Year’s resolution to be a better driver in 2012. Safer roadways start with you. Pledge to drive defensively, to drive soberly, to curb distractions and to be courteous to other drivers in the New Year.

Our Naples car accident attorneys are here to offer you some defensive driving tips from the Florida’s Department of Motor Vehicles. In 2010, which are the most recent traffic accident statistics available, there were nearly 236,500 car accidents in the state of Florida. Of these accidents, there were more than 2,440 people killed and another 196,100 people injured. All of these numbers illustrate a decrease from the previous year. Let’s all work together to help to reduce these numbers even further in 2012.

Safe Driving Tips from Florida’s Department of Motor Vehicles:

-Always practice the two second rule. Never tailgate another vehicle. The less time there is between your car and another car the less time you have to react to a road hazard.

-Never drink and drive. Driving requires your full attention, which is not available to a driver who is drunk. Alcohol significantly hinders your judgment behind the wheel. Keep in mind that a DUI can cost you roughly $8,000 and will remain on your record for 75 years.

-Stay calm. Don’t be an aggressive driver. These types of drivers cause traffic accidents rather than prevent them.

-Keep your focus on the road. Avoid distractions such as eating, playing with the music, using a cell phone, text messaging or talking with passengers. Distractions take a driver’s attention off of the road and increase the risks for accidents. Distraction-related accidents take the lives of thousands every year.

-Always wear a seat belt. These devices have the ability to save your life in the event of an accident.

-Be cautious of bicyclists and pedestrians. These travelers are much more vulnerable to injury and death in the event of an accident. They have the same rights to the road as motorists. Be cautious and courteous.

-Obey all traffic signs and lights. These devices are used to keep drivers safe.

-Always follow the speed limit. Remember that these limits are to be used for ideal weather conditions. When it’s foggy or rainy on our roadways, slow it down.
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December rings in holiday cheer throughout the state, but it also rings in the deadliest season for car accidents in Fort Myers and elsewhere. To help stop the number of deadly car accidents, a number of local officers, healthcare providers and nonprofits will be using the entire month to raise awareness about the importance of safe driving habits, according to The News-Press.
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Commissioner John Manning recently announced at a press conference held at the Lee County Sheriff’s Office that the department will be launching the 4D Prevention Month campaign, which targets distracted, drugged and drunk drivers. The campaign is known nationwide as 3D Prevention Month, but local enforcement agencies have added another D to the mix, distracted drivers.

Our Fort Myers car accident attorneys understand that you’re most likely to die in a car accident over the holidays than during any other time of the year. For this reason, drivers are asked to be extremely cautious, sober and alert behind the wheel. The number of traffic accident deaths has increased by nearly 20 percent from this time last year. According to the Florida Department of Highway Safety and Motor Vehicles, Lee County has already experienced nearly 70 deaths on our roadways so far in 2011. At this time in 2010, we had seen just about 50.

“We’ve all worked fatal accidents over the holiday season,” said Ft. Myers Police Chief Doug Baker. “Make this holiday season a safe holiday season.”

So far this year, the Lee Memorial Trauma Center has witnessed nearly 70 fatalities compared to only 65 for the whole year in 2010. Medical officials are worried that this year’s number will increase much more with the holiday season ahead of us.

The number of car accident-related fatalities in Collier County has seen a decrease from last year to this year though, seeing less than 40 in 2010 to only 28 this year.

Of all of the people who died in the trauma center because of car accidents during 2009 and 2010, about 50 percent of the drivers involved had a blood alcohol concentration (BAC) over the legal limit. About 30 percent of the involved drivers tested positive for marijuana or cocaine.

Alcohol and drugged drivers aren’t the only ones who are contributing to these high fatality rates though, distracted drivers are putting in their fair share, too. Drivers who text or make phone calls at the wheel are just as dangerous as drunk drivers, studies conclude.

“They’re no longer just texting. They’re checking emails, they’re Googling, they’re posting on Facebook. It’s scary,” said Jay Anderson of Stay Alive…Just Drive!.

There will be more sobriety checkpoints and routine traffic stops throughout the holiday season, conducted by the Fort Myers Police Department and the Lee County Sheriff’s Office, to hunt down these dangerous drivers.
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A Cape Coral drunk driving accident landed a man an 11 year prison sentence, according to the Cape Coral Daily Breeze. The accident happened back in 2009 and killed one of his passengers. Authorities say the drunk driver sped down Santa Barbara, lost control of his vehicle, over corrected, spun out, drove through someone’s front yard, hit a building and flipped. Through this high speed chaos, the passenger in the vehicle was ejected and ended up underneath the vehicle. The passenger was taken to Lee Memorial Hospital where he was later pronounced dead.
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Our Cape Coral drunk driving accident attorneys understand that the driver tested for a blood alcohol concentration (BAC) of 0.238 and 0.240. In the state of Florida, a driver is considered drunk with a BAC of 0.08 or higher. Here at Associates and Bruce Scheiner, we deal with too many of these kinds of horrific cases. We unfortunately see an increase in these cases during the holidays. That’s why we support Mothers Against Drunk Driving and the efforts of local law enforcement at sobriety checkpoints. As the holiday season approach, our message to you is please don’t drink and drive!

The drunk driver pleaded no contest to charges of DUI damage to person or property and to DUI manslaughter back in March for the death of his passenger. According to a spokeswoman for the State Attorney’s Office, the man received 131.7 months behind bars and another 78 days in jail for both of the counts. The sentences run concurrently. The man’s driver’s license has also been revoked for life.

In Florida, there were nearly 800 fatal accidents in 2008 that involved a driver who was legally drunk. More than 1,000 people were killed in the state during 2008 because of alcohol-related accidents.

In 2009, alcohol-related accidents accounted for nearly 40 percent of all fatal accidents in the state of Florida. During that year, there were nearly 800 people killed in these accidents. Nearly 100 of these fatalities killed those under the age of 21.

Statistics show that three in every 10 Americans will be involved in an alcohol-related accident at some point in their lives. In 2009, someone died every 48 minutes because of these types of accidents. Across the U.S. nearly 11,000 people were killed because an intoxicated person got behind the wheel of a motor vehicle. Nearly 70 percent of these accidents happened from midnight to 3:00 a.m.

Thanksgiving, Christmas and New Year’s are holidays that increase the risks for these accidents. As a matter of fact, there were nearly 500 people on U.S. roadways on New Year’s Day who died in 2009. Forty percent of these accidents were alcohol-related. Drivers age 21- to 24-years-old are most likely to be involved in one of these accidents.

The average BAC level among drunk drivers involved in fatal accidents in 2009 was 0.17, which is more than twice the legal limit.
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In the news recently is the pending sentence that will be handed to a civic leader and former attorney after pleading guilty to a drunk-driving accident that killed a 61-year-old motorcyclist in October 2009.

vodka_shots.jpg13 News reports a tape was played during the sentencing hearing that voiced the drunk driver admitting to a state trooper that he drank half a bottle of vodka during a Florida Gators football game before driving home. The former defense attorney turned himself, but the prosecution is requesting the driver spend 12.5 years in prison. Supporters stood in front of the judge professing the good deeds that the defendant has done in the community and his many charitable contributions to help others in hopes of reducing the sentence.

Sebring drunk driving accident attorneys know that no amount of money or donations can equate to the value of taking a person’s life. Drunk drivers must get a fair trial and if guilty be punished to the full extent of the law, even when they are in the public eye.

A local man was recently sentenced to 15 years behind bars after a drunk driving accident in North Fort Myers that killed two nuns and injured a third, according to the North Fort Myers Neighbor. The man struck a plea agreement with a guilty plea on two counts of DUI manslaughter and DUI unlawful blood alcohol .15 or higher, says the State Attorney’s Office.

After he serves his 15 years in jail, he’s to be placed on state probation for another 15 years. If he violates probation, he could be put on probation for an additional 15 years. The man could have faced up to 24 years in jail if he handn’t taken the deal.
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“During his 15 years of probation, he can have no alcohol, must undergo random alcohol screenings and must give one lecture a year at a church or school about the dangers of alcohol abuse,” said State Attorney’s Office spokeswoman Samantha Syoen.

Our Naples drunk driving accident attorneys understand how devastating an accident like this can be. Drunk drivers throw their consideration for other people’s lives out the window when they get behind the wheel. Drivers like this all too often cause serious or fatal injuries.

The North Fort Myers man caused this accident back in September of 2009. He was turning onto Gran Via drive from U.S. 41 when he drove in front of the car transporting the three nuns. The vehicle’s collided. The driver was later tested for alcohol and returned a .228 reading.

One of the nuns dies on scene. The other two were taken to Lee Memorial Hospital where a second was later pronounced dead. The third was treated for her injuries and released.

In 2009, Florida lost more than 2,500 lives because of traffic accidents. More than 900 of those fatalities were the result of traffic accidents that involved at least one intoxicated driver.

Florida state law requires the following for a DUI first conviction:

-A fine of anywhere from $250 to $500.

-You can get up to 50 hours of community service.

-Probation, but not for more than a year.

-Jail time, but no more than for 6 months.

-License revocation for a minimum of 180 days.

-Completion of 12 hours of DUI School.

-Imprisonment, of no more than 9 months, with a blood alcohol level of .08 or higher with a minor in the vehicle.

When this is all said and done, the average cost of a DUI conviction in Florida is as much as $20,000. That’s when you factor in all of the various fees, fines, defense costs and insurance increases.

And it doesn’t end there, a DUI conviction will stay on your Florida driving record for years. This is all best-case scenario because like the North Fort Myers man, you could spend quite a bit of time behind bar if you injure someone while intoxicated behind the wheel.
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Authorities arrested a 24-year-old man after he drove his SUV head-on into a tree on San Carlos Boulevard last week, according to NBC 2. Officers conducted a field sobriety test on the driver and concluded that he had a blood alcohol content level or .167 — more than twice the legal limit. He was arrested and is facing charges of DUI and DUI property damage for the Fort Myers drunk driving car accident.

The accident happened as the driver lost control of his vehicle, crossed into the southbound lanes and crashed into both a trailer and tree in the parking lot of Pincher’s Crab.
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Our Naples personal injury attorneys recognize the dangers that alcohol-impaired drivers present to innocent motorists on our roadways. Luckily, no one was injured in this accident. That’s not always the case; accidents involving these drivers are often fatal. For this reason, alcohol-impaired drivers have been placed on the National Transportation Safety Board‘s “most wanted” list.

The most wanted list is part of a program that aims to increase awareness of these incidents and to increase support for safety steps that can help to prevent these types of accidents and help to save lives.

Nearly 11,000 people were killed on U.S. roadways in accidents involving drunk drivers in 2009. Roughly a third of these fatal accidents involved an alcohol-impaired driver. It is estimated that someone dies every 48 minutes in an accident with one of these irresponsible and careless drivers. What’s even more alarming is that the National Highway Traffic Safety Administration estimates that a person makes nearly 90 impaired driving trips before being arrested.

The NTSB encourages state government to consider the following regulations to help decrease the number of drunk driving accidents:

-Limit the use of diversion programs. Once convicted, it is important that drunk drivers are served the proper punishment.

-Stick to proposed sentences. Plea bargains do nothing to reinforce the seriousness of these incidents.

-Conduct sobriety checkpoints often. Not only are checkpoint important during holiday weekends, they can also be used randomly throughout the week to help bust drunk drivers.

-Enforce administrative license revocation for drivers who refuse to take or fail a sobriety test.

-Assess all offenders for underlying alcohol problems. This will help to reduce the risks of a driver becoming a repeat offender.

-To reduce recidivism, use jail alternatives, including dedicated jail/treatment facilities, home detention with electronic monitoring, or intensive supervision probation.

-Consider ignition-interlocking devices to those who have been convicted of a DUI.

In 2009, Florida witnessed nearly 1,000 deaths resulting from traffic accidents that involved an alcohol-impaired driver. The number of these fatalities can be reduced with stricter enforcement efforts and more public awareness about the dangerous driving habit.
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The National Transportation Safety Board has placed motorcyclists on its “most wanted” list. This is a list that aims to raise awareness about the dangers that these drivers face and to encourage safer driving habits by all to better protect them.

The yearly number of motorcyclist deaths has doubled from 2,116 in 1997 to 4,462 in 2009. It is estimated that 12 motorcyclists are killed on our roadways every day. Even though these two-wheeled motorists only make up about 3 percent of the number of vehicles in our country, they account for nearly 15 percent of all highway fatalities. Florida, California and Texas lead the nation in the number of serious and fatal motorcycle accidents recorded each year.
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FARS (Fatality Analysis Reporting System) reports the following trends in fatal motorcycle accidents:

-A majority of motorcycle accidents occur on rural roads.

-Roughly half of these fatalities are related to negotiating a curve prior to the accident.

-A majority of motorcycle fatalities happen on undivided roadways.

-Roughly 60 percent of motorcyclist fatalities occur at night.

-Collision with a fixed object is a significant factor.

-Head injury is the number one cause of death in motorcycle crashes.

Motorists can make all the difference in the safety of a motorcyclist on our roadways. With safe, alert and cautious driving habits, passenger-vehicle drivers can accommodate these drivers and help to save lives.

Tips for motorists to share the road more effectively and safely with motorcyclists, according to the Motorcycle Safety Foundation:

-Be sure that you make it a point to look for motorcycles when entering an intersection.

-Motorcycles may look farther away than they actually are. This is because of their small size. For this reason, it can also be difficult to judge their speed. Always predict that a motorcycle is closer than it appears.

-Check you blind spots. Again, because of their small size, motorcycles can easily become lost in your blind spots. Make sure you always check, and double check, your blind spots before making a move in traffic.

-Remember that motorcyclists oftentimes slow their vehicle by downshifting instead of using the brakes. Downshifting doesn’t activate a brake light. Follow with caution and allow them plenty of room.

-Motorcycles oftentimes have a difficult time stopping on wet and slippery pavement. Again, do not follow too closely.

-Turn signals on motorcycles are not always self-canceling. Make sure that a motorcyclist’s signal is for real when traveling near them.

-Always think of a motorcyclist on our roadway as an actual person, not just as a motorcycle.
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The Fort Myers personal injury lawyers at Associates and Bruce L. Scheiner, Attorneys for the Injured, wish each of you a safe and enjoyable Memorial Day weekend. Whether on the road, on a boat or elsewhere with friends and family, please stay safe and celebrate responsibly.
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Law enforcement officials will be executing a number of traffic operations over the long holiday weekend. The Fort Myers Police Department will be focusing on those who drive while impaired as well as motorists who are not wearing their seat belt. The department also will be conducting vehicle safety checkpoints in an effort to reduce the risks of injury and car accidents in Fort Myers.

The Lee County Sheriff’s Office joined the nationwide “Click it of Ticket” campaign that encourages all motorists to travel with their seat belts fastened. Their increased enforcement efforts began earlier this week and will continue on through the first week of June, according to Fort Myers Beach Talk.

“Your safety is paramount,” said Lee County Sheriff Mike Scott, “I just can’t urge driver’s enough to fasten that seat belt and make sure every occupant in the vehicle is properly secured, as well.”

Statistics for the Sunshine State reveal that we were ranked 26th in the nation for seat belt usage in 2009. Local officials believe that we will improve, particularly in the wake of the passage of the state’s primary seat belt law last year. The law now allows law enforcement to pull you over if you’re not wearing a seat belt. Currently we sit at a usage rate of just over 87 percent.

A recent survey of 12 Florida counties, showed that Lee County ranks second only to Collier County which current has more than a 90 percent compliance rate.

Florida saw more than 900 motor vehicle accident fatalities because of motorists not wearing their seat belts in the event of an accident last year. Nearly 20 of these deaths happened in Lee County alone.

This seat belt enforcement will be coupled with traffic stops aiming to crack down on drunk drivers, according to the News-Press.

The Fort Myers Police Department will be conducting a number of sobriety checkpoints at various undisclosed locations throughout the city.

According to the National Highway Traffic Safety Administration, the United States saw nearly 11,000 fatalities resulting from accidents that involved an alcohol-impaired-driver in 2009. These accidents accounted more than 30 percent of all of the traffic accident fatalities for the year. Florida alone witnessed more than 900 of the fatalities for that year.

In a last effort to crack down on the rules of the road this Memorial Day holiday weekend, Lee County deputies will be conducting vehicle safety checkpoints during the entire week. These checkpoints are aimed at checking for valid driver’s licenses, registrations and vehicle insurance. These stops are part of their initiative to inform and educate motorists about traffic safety rules and regulations.

Again, we urge all residents to be safe and cautious this Memorial Day weekend regardless of where you may be celebrating. Be sure to practice defensive driving skills, buckle up, do not drink and drive and make sure your vehicle meets all state and federal regulations.
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Three teens were sent to the hospital as the result of a head on collision into a tree. The Collier County Sheriff’s office reports that the driver involved in the Naples drunk driving accident was intoxicated, according to Naples Daily News.

Our Naples personal injury lawyers would like to remind teens, and parents, to practice safe driving during this time of year as teens will be hitting the roads in full force. With prom and graduation just around the corner, teen drivers will occupy our roads in larger numbers than previous months. If it important for parents to sit down with their teens and discuss the responsibilities of driving.
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The Sheriff office reports that they responded to the call shortly after 7:00 p.m. The incident took place at the intersection of Maupiti Way and Island Walk Circle in the gated community of Island Walk off Vanderbilt Beach Drive.

Reports also indicate that it was raining during the time of the accident. The vehicle reportedly left 124-foot-long skid marks and was said to have received $10,000 in damage. The driver reportedly took the corner at a fast speed and lost control when he slid head on into a tree.

The driver of the vehicle was found outside of the car and was treated for a head injury. The two rear passengers were reported to have broken their necks in the accident and are expected to face long-term injuries.

After the driver left that hospital, he was picked up by local authorities. He is currently facing two counts of DUI-serious bodily injury to another, a DUI traffic offense and DUI-damage to property.

According to the National Highway Traffic Safety Administration, nearly 11,000 people were killed in alcohol-impaired-driving crashes in 2009. Accidents involving alcohol made up more than 30 percent of the total number of vehicle accident fatalities in the U.S.

In 2008, there were more than 208 million licensed drivers in the United States. Teen drivers counted for more than 6 percent, 13.3 million, of those drivers. Nearly 2,500 teen drivers were killed, and another 169,000 were injured in 2008 in motor vehicle accidents. In 2009, more than 5,100 teen drivers were involved in car accidents where the use of alcohol was involved. Florida experienced nearly 500 teen fatalities because of car accidents in 2009.

Because of these alarming statistics, parents are urged to speak with their young driver about the responsibilities of driving and the consequences of poor driving decisions.

The Centers for Disease Control and Preventions offers parents with this parent-teen driving contract to help you set out some ground rules for your child while they’re behind the wheel. Working together with your teen can help to reduce the number of teen accidents and keep your young driver safe.
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