Articles Posted in Drunk Driving Victims

The Governors Highway Safety Association recently announced the Center for Disease Control and Prevention (CDC) is joining a multitude of organizations in support of requiring drunk drivers to install ignition interlock devices.

Our Fort Myers injury lawyers applaud ongoing measures to get drunk drivers off the roadways in an effort to prevent drunk driving accidents in Fort Myers, Cape Coral and throughout South Florida. Our attorneys will continue to fight for the rights of victims and families whose lives are forever changed by the actions of a drunk driver.

The ignition interlock initiative also includes the support of the National Highway Traffic Safety Administration and Mothers Against Drunk Driving.

After an extensive review of 15 scientific studies, the CDC concluded that ignition interlocks help prevent drivers — who have a prior arrest for driving while intoxicated (DWI) — from being re-arrested. Re-arrest rates for DWI decreased by 67% after the device had been installed.

Dr. Thomas Frieden, Director of CDC, notes, “Each day, more than 30 people die because of alcohol-impaired driving. We know that interlock devices can save lives. More widespread use will reduce alcohol-related crash deaths and injuries.”

In 2009, the NHTSA reported 32 percent of traffic fatalities were caused by drunk drivers. DWI deaths occur about every 48 minutes in the U.S. Tragically, drunk drivers in fatal crashes were 8 times more likely to have had a prior DWI conviction than drivers of fatal crashes with no evidence of alcohol in their system.

Of the 2,558 fatal crashes in Florida, 904 had a driver with some amount of alcohol in their system. In 527 of the crashes the BAC was .15 or over — or nearly twice the legal limit.

Dr. Randy Elder who was the lead author on the review added, “When offenders’ licenses are suspended, they aren’t legally able to provide transportation for themselves and others may rely on them to get to places like school and work. Ignition interlocks allow offenders to keep operating their vehicles legally and safely.”

MADD is working with Florida to make ignition interlock devices mandatory for all DWI offenders. Currently, only first time offenders who have a BAC of .15 or greater are required to have the interlock device.

The cost of ignition interlock programs is currently being reviewed by the GHSA, with funding from the CDC. The least expensive way to prevent repeat offenders from getting behind the wheel to cause an accident is to take their keys away. Don’t let your friends drive drunk.
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AAA is offering free rides for those who have too much to drink in an effort to help prevent Fort Myers drunk driving accidents as Southwest Florida kicks off a four-day weekend with St. Patrick’s Day.

WINK News reports AAA South’s Tow to Go program has removed 13,500 drunk drivers from the road since 1998. The program is available from Thursday March 17 to Sunday March 20. Those looking for a ride can call 1-800-AAA-Help and they will be picked up no questions asked.

“No one should have to take unnecessary risks after drinking alcohol, especially since there are so many options for a safe ride home,” said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South.

The Fort Myers personal injury lawyers and staff at Associates and Bruce L. Scheiner, Attorneys for the Injured, have spent four decades fighting for the rights of victims who have been injured or killed in drunk driving accidents. Recently, Bruce and Cheryl Scheiner were personally recognized with a HERO of the Year award by Mothers Against Drunk Driving for their support of drunk driving enforcement. Corporal Lenny Gould was also recognized for making more than 1,000 DUI arrests during his career.

The Lee County Sheriff’s Office is also planning a sobriety checkpoint for Friday night. The checkpoints aim to remove impaired drivers from the road, heighten awareness and educate the public on the dangers of drunk driving.

Authorities are concerned St. Patrick’s Day falling on a Thursday could lead to a long four–day weekend of dangerous roads. The National Highway Traffic Safety Administration reports drunk drivers are involved in more than one-third of all fatal accidents in Florida — killing 904 motorists in 2009.

St. Patrick’s Day has become one of the most popular secular holidays in the United States. It is among the biggest days of the year for beer consumption and is one of the busiest nights for restaurants and bars.

Each member of our staff wishes you a safe and enjoyable St. Patrick’s Day weekend. Please celebrate responsibly, designate a driver and don’t drink and drive.
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A WINK News investigation recently found that about 1 in 5 defendants who use the state’s administrative-hearing process to challenge the suspension of their driver’s license, are successful in retaining the right to drive despite being arrested for drunk driving in Southwest Florida.

For decades our personal injury lawyers in Fort Myers and Cape Coral have dedicated ourselves to fighting for the rights of motorists who have been injured or killed by the senseless and selfish acts of a motorist who has climbed behind the wheel after having too much to drink. The Florida Department of Highway Safety and Motor Vehicles reports more than 1,000 motorists were killed by drunk drivers in 2009, accounting for nearly 40 percent of the state’s traffic fatalities.

Still, that same agency permitted 5,200 defendants to retain the right to drive of the roughly 24,000 that requested an administrative hearing following a drunk-driving arrest last year. The hearings are requested by only about half of the 48,000 motorists who are arrested for drunk driving in Florida each year. A motorist has 10 days to request the hearing or face the automatic suspension of their rights to drive.

Of the 5,200 who were allowed to retain driving rights, 331 were from Southwest Florida. Of those stopped by the Lee County Sheriff’s Office of the Cape Coral Police Department and later allowed to retain driving rights, nearly all tested above the legal BAC limit of .08. One driver had tested four times over the legal limit.

In 91 cases, a driver was permitted to keep their driving rights because a Cape Coral police officer failed to show up at the hearing. The department’s special operations commander said many of those cases involved scheduling conflicts and communication issues that have since been addressed. In 2010, only 23 cases were overturned because a Cape officer did not attend the hearing.
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Unfortunately Super Bowl Sunday is known for more than just great food, great friends and great football.

It is also one of the most dangerous days of the year for drunk driving accidents in Fort Myers and throughout the nation. Our Fort Myers injury lawyers encourage you to be a good host, celebrate responsibly and don’t drink and drive.

“Fans Don’t Let Fans Drive Drunk” is a campaign being sponsored by the National Highway Traffic Safety Administration in conjunction with the NFL, Mothers Against Drunk Driving and the HERO Campaign.

Somewhere in America, someone dies in a drunk driving accident every 45 minutes, according to the National Highway Traffic Safety Administration. Nationwide, one-third of all traffic fatalities involve a drunk driver, claiming 10,839 lives in 2009. Florida drunk driving accidents accounted for 904 of the state’s 2,558 traffic deaths that year.

A responsible party host should promote the use of designated drivers.

-Give them a great spot to watch the game. Let them have first pass at the buffet and make sure you have plenty of non-alcoholic drinks.

-Serve plenty of food.

-Serve measured drinks and serve alcoholic drinks one at a time.

-Never serve alcohol to an underage person.

-Determine when to stop serving alcohol — such as an hour before the end of the game — and stick to it. Begin serving coffee and dessert.

-Put the numbers of local cab companies into your phone.

-Be prepared for guests to spend the night if alternatives are not available.

Football is one of America’s favorite pastimes, but fans can put themselves in serious danger if they don’t plan ahead,” NHTSA Administrator David Strickland said. “Whether you’re at the game or watching from a sports bar or a friend’s house, designate a sober driver before the game. And remember, Fans Don’t Let Fans Drive Drunk.”
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Even the safest drivers are in danger when they go out on New Year’s Eve so this week when you venture out to ring in the new year, be extra careful on the roadways. If you plan to drink, be safe and don’t risk a Fort Myers car accident by driving home under the influence.

Last year, the Fatality Analysis Reporting System used by the National Highway Traffic Safety Administration reported 17 fatalities in Florida on New Year’s Eve and Day when at least one driver tested positive for blood alcohol content (BAC) of .08 or higher. Nationally, there were 156 fatalities reported on these two days when the BAC was over the legal limit.

Florida, ranked third behind California and Texas for the most fatal drunk driving accident. The state reported almost half of the fatalities with a BAC of .20 or higher which is well over the legal limit.

It is probably a good time to point out the consequences of driving under the influence in Florida. Mothers Against Drunk Driving, reminds motorists that anyone convicted of vehicular homicide as the result of a drunk driving accident can be imprisoned for up to 15 years as well as fined up to $10,000.

A first- time DUI offense is punishable by fines of up to $2,000, mandatory 50 hours of community service, probation, up to a year in jail, alcohol treatment and the loss of your driver’s license.

The News-Press is reporting that law enforcement in Lee and Collier County, including the Fort Myers police department and the Cape Coral police department, will be utilizing additional personnel and conducting saturation patrols and sobriety checkpoints.

This time of year law enforcement officials tend to crack down on drunk driving more than the norm because the risk is so high for fatal accidents to occur. Florida drivers when pulled over for suspicion of drunk driving, deny the request for a breathalyzer test 40% of the time. The NHTSA proposes a solution that can counteract this behavior.

Florida is among a few states that will have a “No Refusal” plan in place in which police officers will have the opportunity to get an expedited warrant for a blood test by a pre-determined available judge when a driver is suspected to be under the influence and refuses to take the test. Over 10,000 people were killed last year in accidents where at least one driver was driving under the influence. The hope is to reduce this number drastically by keeping DUI offenders and repeat offenders off the roadways.
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The law enforcement presence will be heavy through the New Year’s weekend in an effort to reduce the risk of Fort Myers drunk driving accidents and car accidents in Cape Coral and elsewhere in South Florida.

“The important thing is we want everyone to have a good time,” John Sheehan, spokesman for the Lee County Sheriff’s Office, told The News-Press. “But we want everyone to be responsible.”

The Florida Department of Highway Safety and Motor Vehicles reports that a drunk driver was involved in 1,004 of the state’s 2,563 fatal accidents last year. More than 14,000 motorists were injured in 20,085 drunk driving accidents in Florida.

Last year, 19 motorists were killed in Florida drunk driving accidents over the New Year’s holiday. A total of 34 fatal car accidents were reported in Florida that weekend.

Agencies will be using additional personnel, saturation patrols and sobriety checkpoints to reduce the risk drunk drivers pose to other motorists on the road. Our Fort Myers accident attorneys continue to support MADD, the Lee County Sheriff’s Office and Mobile Eyes in the fight to combat drunk driving. Mobile Eyes is a joint effort that provides $50 rewards to any caller who mentions the campaign when reporting a drunk driver to 911.

Both Fort Myers and Cape Coral police report additional patrol units will be dispatched throughout the cities. Deputies in Collier County will also put increased emphasis on busy travel routes and the downtown area.

Options for getting home safely include a cab, a designated driver and AAA Club’s “Tow to Go” program. The program offers free tows home to drivers and their vehicles by calling 800-AAA-HELP.

Three-quarters of the program’s calls come between Thanksgiving and New Year; AAA took home 1,234 vehicles and drivers during that time span last year.

“If you’re at a bar, a restaurant or even a holiday party, you can call 1-800-AAA-HELP and basically we will send a tow truck driver to your location. And, they’ll give you a free, confidential tow and ride home,” said Jessica Brady, a public relations manager for AAA Auto Club South.
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The state of Florida is planning a holiday crackdown on drugged drivers and could introduce proposals for tough new laws as early as next spring. The number of people dying in accidents caused by drivers under the influence of drugs is on the rise, both in Florida and across the nation.

Consulting an experienced Fort Myers car accident attorney or wrongful death lawyer is critical in any accident in which a motorist is seriously injured or killed. But cases involving drugs or alcohol are often among the most devastating and most complex that an experienced law firm can handle. Drug cases, in particular, require thorough investigation and representation. Even in cases in which a motorist is determined to have drugs in their system, proving they were impaired at the time of the crash is a more complicated matter.

As we reported recently on our Florida Injury Lawyer Blog, reducing the risks associated with drunk or drugged driving will be a priority through the holidays. Drug-related injury crashes are up more than 10 percent while injuries have increased nearly 20 percent, according to the Florida Department of Highway Safety and Motor Vehicles.

A family devastated by a 2007 drunk driving accident near Fort Myers Beach has been awarded more than $13 million in compensation for the crash, which killed two children and critically injured a mother and her oldest son.

Jordy Martinez, 1, and Jesus Martinez, 6, were killed in the crash. There surviving brother, Juan Martinez, and mother, Maria Bustamante, were injured when their vehicle was slammed into by a man racing off the beach after colliding with several cars in a bar parking lot.

Associates and Bruce L. Scheiner, Attorneys for the Injured, has represented the family for more than three years. Trial attorneys included founder and Senior Attorney Bruce L. Scheiner, Preston J. Scheiner and John Romano. The three-week trial ended Thursday when the six-woman jury returned a verdict of $12 million for pain and suffering and more than $1 million for funeral expenses, past and future medical expenses and punitive damages.

“When the death is a ripping away of a child, when it is sudden, when it is unexpected, when it is violent, when it is avoidable, when it is inexcusable, it is not impossible to deal with, but almost,” Ramano told jurors during closing arguments. “It’s unthinkable.”

As we reported in January 2009 on our Florida Injury Lawyer Blog, the driver, George Butler III, was sentenced to 15 years in prison and had his driver’s license permanently revoked as a result of the crash.

He was drinking at Top O’Mast Lounge on Fort Myers Beach when he reportedly struck several cars in the parking lot and fled off the beach bridge at speeds of about 80 mph. He struck several other cars before plowing into Bustamante’s vehicle. Butler faced 12 criminal charges, including multiple counts of DUI manslaughter and multiple counts of DUI with serious bodily injury.
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