Item: Flaxman Law Group
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Author: Clara Barman

Underage Drinking and Florida Car Accidents

Published on: March 22, 2011 | By Flaxman Law Group

Underage drinking takes place with far more regularity than most parents want to admit. According to some studies, up to 40% of children have experimented with alcohol by the time they are in eighth grade. This means that 40% of children have experimented with alcohol by age 14 or so – well before they get behind the wheel of a car for the first time. Some of these teens will go on to drink on a regular or semi-regular basis. Underage drinking is a menace when it comes to getting the message across about drinking and driving.

The problem with underage drinking and driving is that it can be hidden. Parents often resist the idea that their underage child is drinking – let alone drinking and driving. Children, in turn, will sometimes go to great lengths to hide the fact that they are drinking from their parents – even if it means driving home drunk. Here is what parents must do to address the issue:

1) Bring up underage drinking first. Talking to your kids about drinking is important, because you want to explain why it can be dangerous. Your local police force likely has educational material about alcohol and drug use – they likely have materials you can use when talking to your child.

2) Next, bring up drinking and driving. Once you have had a talk about drinking, choose a separate time to discuss drinking and driving. This ensures that you don’t send a confusing mixed message: “drinking is wrong, but if you do, don’t drive.” Addressing the two separately allows you to address the unique risks of both. Again, your local police department can help provide you with statistics about Florida drunk driving accidents as well as educational materials you can use. Be specific in this talk – some teens think that “just one drink” will not make them unsafe to drive. It is your job that they understand the risks.

3) Create an agreement. Have your children sign an agreement with you, agreeing to call you if they need a safe ride home. Ask your child’s input about the agreement – they may want a promise that you don’t ask questions, for example. Create an agreement that you can both honor.

4) Watch your own mixed signals. If you drive recklessly, you could cause an accident – and you are sending the wrong message. If you don’t want your child to take risks on the road, you have to ensure you don’t, either.

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Groups Want DUI Laws Changed to Prevent Florida Drunk Driving Accidents

Published on: March 1, 2011 | By Flaxman Law Group

Under current state laws, drivers who may be responsible for fatal Floirda car accidents do not always needed to be tested for drugs and alcohol. Some groups want to see those laws changed, claiming that legislation changes can help prevent Florida drunk driving accidents.

Under current laws, police need to have a reasonable suspicion or a probable cause to believe that a driver in a fatal car accident is drunk or using drugs before administering a drug or alcohol test. In other states, drivers who cause fatal accidents are required to submit to a blood test to determine whether alcohol or drugs were a factor in the crash. Currently, this is not the case in Florida.

According to some experts, this legislative environment can mean that drunk drivers are released early, to re-offend. For example, if a driver causes a Florida truck accident and is not tested for drugs and alcohol but is driving impaired, that driver will likely receive a lighter sentence than they would have received if it was known that they were driving impaired. This means that they will be free to re-offend sooner. Without a law requiring all drivers causing car accidents to be tested, there is simply no way to know how many car accidents are truly related to impairment.

Groups and families who have lost loved ones to Florida car accidents have been working to get laws passed which would allow all surviving drivers in fatal car accidents to be tested for drugs and alcohol. There are petitions to change the law as well as media attention on the topic. However, so far there has been little push to change the law.

Groups have been pushing to change the Florida law since 2006, but they claim that some groups, including defense attorneys, have objected to the regulation change. Some defense attorneys feel that any such law would be excessively intrusive and would be unconstitutional. They also note that currently drivers have the option to take a blood test, although drivers have to pay for this test themselves and the test is completely mandatory.

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Is There a Link Between Florida Drunk Driving Accidents be Linked to License Reinstatements? More Studies Are Needed

Published on: February 15, 2011 | By Flaxman Law Group

A local news station in Lee County, Florida recently ran an investigative series into Florida drunk driving accidents and DUI incidents. Reporters found that in many cases drivers caught on DUI charges are getting their licenses back and are being allowed to drive again quickly after being ticketed for DUI.

Under Florida law, drivers who have been accused of DUI are allowed to have an administrative hearing with the Florida Department of Highway Safety and Motor Vehicles. This hearing occurs before the DUI trial and allows the defendants to argue for their license. While Florida law allows officers to immediately take away the license of someone who is accused of DUI, these hearings, according to investigative reporters, gave back licenses to hundreds of people in Southern Florida in just a three month period.

Someone who is accused of driving under the influence has ten days to request an administrative hearing. At the hearing, officers decide whether to invalidate the license suspension and return the driver’s license. According to investigative reports, in 2009 more than 5200 drivers in Florida received their licenses back due to these hearings. In some cases, drivers had been impaired and had been unable to pass a breathalyzer test but had their licenses reinstates because police officers failed to follow testing standards or guidelines when administering the tests.

In some cases, arresting officers did not appear at the administrative hearings, which also allowed the drivers to have their licenses reinstated. Florida is changing that particular law. After July 2010, a driver does not automatically have his or her license reinstated if the arresting officer does not show up at a DMV administrative hearing. As well, police authorities are cracking down on police officers who fail to show up for the hearings.

The investigative report does suggest the importance of good communication between the DMV and authorities. While DMV administrative hearings do not have a bearing on criminal DUI trials – that is, someone who has a license reinstated at a DMV hearing may still be found guilty at a criminal DUI trial – the case is troubling for motorists. This is because it does suggest that drivers who may cause Florida car accidents due to DUI may be back on the roads – legally – after drinking and driving. The DMV hearings are intended to give drivers a fair chance to get their licenses back but more studies need to be done to determine whether reinstatements are leading to more Florida car accidents.

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Making Florida’s Roads Safer and Preventing Car Accidents

Published on: February 1, 2011 | By Flaxman Law Group

According to the Florida Department of Highway Safety and Motor Vehicles, there were 2430 fatalities in 2010 caused by Florida car accidents. This represents the smallest number of fatalities seen since 1978, even though the population of Florida has grown significantly since that time. However, while these numbers are cheering, the fact is that there are still too many deaths and serious personal injuries resulting from Florida traffic accidents. There are ways to help reduce these numbers even further:

1) Enact texting bans. Many legislators and experts have been calling for a text ban for drivers. Many states already have such bans in place to help prevent distracted driving. There is a well-established link between distracted drivers and accidents. According to the NHTSA, 448 000 people were injured and 5474 were killed in 2009 due to distracted driving. Of these injuries and fatalities, 24 000 injuries and 5474 fatalities were linked to cell phone use by a driver. However, the measure to ban texting has proven controversial. Currently, there are two bills which could be considered by Florida legislature: H.B. 79 and S.B. 158. Both would limit or ban the use of wireless devices in cars.

2) Encourage more public awareness campaigns and enforcement campaigns. According to the Florida Highway Patrol, increased seat belt use (due in part to public awareness campaigns) and efforts by law enforcement are partly responsible for the lowered Florida car accident fatality rates. Encouraging enforcement and public awareness can hopefully help to drop the numbers of injuries and deaths even more.

3) Enforce drunk driving laws. Florida drunk driving accidents are still a serious problem. In fact, according to the National Highway Traffic Safety Administration, 770 out of 2558 Florida car accident fatalities in 2009 were the result of drunk driving. Only Texas and California had higher rates of drunk driving fatalities.

4) Better training. A number of studies have suggested that graduated licensing and other programs designed to encourage additional driver training ensure that all drivers on the roads have the skills needed to stay safe. Ensuring that teens and young drivers get more training can help reduce accidents involving younger drivers.

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Plan for New Year’s to Prevent Florida Car Accidents

Published on: December 30, 2010 | By Flaxman Law Group

New Year parties pose one of the largest risks for Florida drunk driving accidents. While many people know the dangers of driving drunk, during New Year’s, many people still choose to drive after drinking. Part of the problem is that many people drink during New Year’s. Another problem is that taxis and buses tend to be at a premium in the small hours of the new year, meaning that many revelers give up and decide to drive themselves home. Here’s what you can do to help prevent Florida car accidents on New Year’s eve:

1) Consider having a no-alcohol party. There are many family-friendly events planned in most cities and many people choose to throw alcohol-free parties on New Year’s. Not drinking makes it simple to avoid driving drunk.

2) Have multiple ways to get home. Keep extra cash for cabs as well as an extensive list of people and companies you can call for a ride. Keep in mind that many other revelers will be looking for transportation, too, so having lots of options is useful. Consider learning about public bus systems and shuttle services available in your community during New Year’s eve – your local MADD (Mothers Against Drunk Driving) chapter and your local police will know more about such programs.

3) Consider throwing your own party. You can invite everyone you know and either designate a driver or else make room for everyone to sleep over so that no one has to drive home drunk. This solution eliminates the problem of being far away with no way to get home. Another option is to consider attending parties in urban and downtown areas, where there is easier access to taxis, buses, and alternate forms of transportation.

4) Have an option to wait it out. Even if you have plenty of numbers to taxi services and other means of transportation, it can be hard to find transport home after all the festivities. Many other revelers will be competing with you. Therefore, keep a list of local late-night and 24-hour cafes and restaurants in your wallet. If you need to, you can grab a cup of coffee or a snack and wait a few hours until it is easier to hail a cab.

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Avoid Getting in a Holiday Florida Car Accident This Year

Published on: December 27, 2010 | By Flaxman Law Group

Florida pedestrian accidents and other traffic accidents are all too common at this time of year. Many more people are traveling in cars, increasing the risks of Florida car accidents. At the same time, many holiday parties mean that more people are making the poor choice to drink and drive. While you cannot control what other people do this holiday season, there are ways you can ensure that you stay safe:

1) Review the rules. The rules of the road, especially if you have new drivers in your family. Car accidents are still a leading cause of injuries to children and minors in Florida during the holiday season, so make sure that your young drivers know the rules – and make sure that they know they can count on a drive from you if they run into trouble.

2) Have several plans for getting home alive. If you have any plans to socialize this holiday season, consider how you will get home. Keep taxi numbers in your wallet as well as bus route information and a cell phone in your pocket. Find out about local shuttle and ride services for the holidays. Know a few places to call when you get stuck and it will be easy to make a smart decision.

3) Create a support group. Call friends and family and have them pledge with you not to drive drunk or distracted this holiday season. Exchange phone numbers and promise to give each other support as well as a safe ride home where possible this holiday season.

4) Consider taking public transportation. Taking a taxi or a train or bus to an event removes the temptation to drive yourself home. Even if you are just shopping, taking public transit or a taxi is often safer and can reduce overall congestion on the roads.

5) Keep your car tuned up. Check the tires, brakes, shocks, and other vital systems of your car. Make sure your car will respond quickly in case you need to act fast to avoid a car collision.

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Preventing Florida Drunk Driving Accidents This Holiday Season

Published on: December 23, 2010 | By Flaxman Law Group

Florida drunk driving accidents are always a concern at this time of year. Police authorities across Florida report an increase in drinking and driving. Many parties serve alcohol at this time of year, increasing the chances that some drivers will make the bad mistake of driving drunk and potentially causing a serious Florida car accident. No matter who you are, there are things you can do to help avert this type of tragedy:

1) Be a responsible party-goer. If you are headed to holiday events, have at least three alternative means of getting home. If you only plan to call a taxi but the taxis are all busy, you may feel stuck. If you have three plans to get home (such as a designated driver, a friend you can call, or public transit) you are more likely to make the smart choice.

2) No matter who you are, have a plan. You may not think you need a plan because you don’t plan to drink this holiday season or don’t plan to serve alcohol. However, it is impossible to predict when and where you may decide to have a cup of good cheer. Even if you don’t think you will be drinking, have at least three ways to get home. If you have children, talk to them about their alternate routes home, even if they are underage. If your underage children drink, you don’t want them getting in the car with an intoxicated driver. Make sure that they know they can call you and other family members for help.

3) Be a responsible host. If you are hosting a party, make sure that you have alternative means of transport for any guests who may drink. Even if you do not plan to serve alcohol, have a plan ready to help out anyone who brings their own drinks. Refuse to let guests drink and drive.

4) Arm yourself with what you need. To get home safely, you need a plan and you need information. If you plan to take public transportation, for example, you will need a route of the bus as well as a ticket or fare. If you plan to take a taxi, you will need to have a way to pay for the taxi. Having everything you need will greatly increase the chances that you will make the right choice.

5) Take part in the efforts of local law enforcement. Law enforcement authorities often launch drunk driving awareness campaigns at this time of year. Learn how you can take part in and support your local campaign. It could help local authorities prevent more Florida drunk driving accidents.

6) Take steps to avert accidents. If you see someone who wants to drive even though they are obviously drunk, intervene if it is someone you know. If you see someone who is weaving on the road or driving in a way that may mean they are drunk, contact local authorities at once. You could save a life.

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Could Our Perspective on Florida Drunk Driving Accidents Be Changing?

Published on: December 14, 2010 | By Flaxman Law Group

While Florida drunk driving accidents account for thousands of injuries and fatalities each year and while drunk driving awareness campaigns are usually launched during the holiday season, some recent polls suggest that more people are worried by distracted driving than by drunk driving. While no poll has been published about Florida driver’s views, national and international polls suggest that more drivers see texting and driving as a slightly more serious threat to their safety than drunk driving.

This may represent a serious shift in the way we view dangers on the roads. So far, many states have banned texting and driving, although Florida is not currently among that number. Even in states that have banned the practice, experts note that laws are simply not enough. In order to get rid of both drunk driving accidents and distracted driving, society has to make both practices socially unacceptable.

What is interesting about this is that drunk driving has already become socially unacceptable, largely thanks to public awareness campaigns and efforts by groups such as MADD (Mothers Against Drunk Driving). Public awareness about the topic has increased steadily since the 1980s, and as a result, many drivers see drunk driving as socially unacceptable.

The same process has only begun with distracted driving. This past year, when Oprah Winfrey ran a show about the dangers of texting and driving, the issue received a lot more media attention. As well, advocacy groups dedicated to the topic have been created after families have lost children and loved ones to distracted drivers. These groups have helped raise awareness about the topic and in some states have even helped change legislation. So far, the issue seems to revolve around the use of mobile devices while driving. It is so far unknown whether other types of distracted driving – such as driving while eating or talking to passengers – will also become socially unacceptable.

So far, studies suggest that while drivers worry about the impact if distracted drivers on their own safety, people are not always so willing to put their own mobile devices away. While many drivers believe that distracted drivers are a danger on the road, polls suggest that many drivers do text and drive or talk on their cell phones while driving. Younger drivers, especially, are likely to text and drive, despite the known dangers.

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Planning Holiday Parties? Plan Now to Prevent Florida Drunk Driving Accidents

Published on: November 25, 2010 | By Flaxman Law Group

If you are planning on having holiday parties or get-togethers at your home, now is the time to start planning to ensure that none of your guests are in a Florida car accident after your party. Remember: if you serve alcohol and one of your guests causes a Florida drunk driving accident, you could be held partly liable for the accident. You don’t want to cause a fatality or serious injury and you certainly don’t want to become involved in a legal action. The only solution is to start planning.

Consider ways to ensure that your guests do not drive drunk. You could avoid serving alcohol entirely, or stop serving alcohol early. If you live in a remote location, consider having enough bedding and space for every guest to spend the night. This way, anyone who is intoxicated would not have to drive. Contact taxi and shuttle services before your party to find out how much transportation would cost. Some driving services provide special flat rates at the holidays. They will drive your guests to and from your party for a flat fee.

Another option is to designate drivers or to create your own shuttle service. Have two or three people abstain from drinking entirely and have these volunteers shuttle your guests back home as needed. Hotels and local motels may also offer group rates to ensure that your guests do not drink and drive. Consider having taxi cash, taxi numbers, and a few alternatives on hand.

Even if you plan to have a few options available to ensure that guests do not drive drunk, however, you will also need to plan to ensure that guests are monitored. You need to have a plan in place to keep guests from driving drunk. At a busy party, it can be difficult to spot every guest heading for their cars, so plan ahead. Consider having all guests deposit their car keys when they arrive at your house, for example. Consider having someone walk each guest to their cars after the party, to ensure that they show no signs of intoxication.

Another great option is to offer breathalyzer key chains as party favors or small gifts. It is an easy and simple way to evaluate intoxication. Another option is to simply observe guests and to note who is drinking how much. At small parties, it’s relatively easy to monitor overall consumption. This is one reason why you may want to keep get-together small. Working with guests to help them make good choices can help you save the lives of your friends and family so that they can visit your holiday events next year, too.

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Could You Be at Risk for a Florida Car Accident or Premises Liability Claim at Home?

Published on: November 19, 2010 | By Flaxman Law Group

When most of us think of Florida car accidents and pedestrian accidents, we picture busy roads. However, many accidents at this time of year occur on private properties. As people visit with each other and host special holiday events, extra pedestrian and car traffic is often brought to residential areas, increasing the risk of Florida pedestrian accidents and car accidents in these areas. Here’s how to prevent this type of tragedy in your home:

1) If you have a party or holiday event, plan for parking. Determine how many guests you will have and plan where they can park. Is there public parking nearby? Is there adequate street parking on your street? If you’re having a large party and parking will be a problem, consider renting transportation for your guests. A charter company can arrange for safe transport for your guests and can help prevent Florida drunk driving accidents, too. Or, consider having guests carpool to cut down on pedestrian traffic and to provide some designated drivers.

2) Make sure your parking area is well-lit. If your guests will be driving themselves, make sure that parking areas are well-lit to prevent accidents, falls, and other hazards. You can buy temporary lights if you need them.

3) When saying good-bye to guests after a party, help them leave safely. Walk them to their car. This will help ensure that they are sober enough to drive. If you notice that they are not sober, don’t let them drive. If your friends are fit to drive, help them by standing near the car and ensuring that the way is clear for them to back out and drive away.

4) Consider rear-view systems as gifts to friends. These handy devices are very useful in preventing Florida pedestrian accidents involving children, because they allow drivers to see exactly what is behind their car as they back up.

5) Do not allow your children to play in your driveway or in the street when there is a party. It’s too easy for visitors to drop by your home and your child to be injured. If there is a party on your street, your child may be drawn to the cars and the party. Any guests backing up out of a parking space may not see your child. When there is extra traffic on your street or expected traffic, find fun indoor activities for your children.

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