Consequences Of A Teen Involved In A DUI Accident

In 2009 a 16 year-old Naples teen was tragically killed in a car crash, leaving his friends and family behind to mourn their sudden loss. He wasn’t driving recklessly, nor was the vehicle that struck him and his friend. His 16 year-old friend behind the wheel of the car was was driving under the influence with a blood alcohol level more than twice the legal limit. It was a serious mistake she will live with for the rest of her life.

What should be the punishment for this young 16 year-old who didn’t have the common sense to NOT drink and drive? Unfortunately, too often people get behind the wheel of a car to drive after drinking or taking prescription or non-prescription drugs. It is a decision people make that can have severe long lasting consequences.

In this tragic case, someone’s son and brother -  lost his life due to the negligence of a girl who made the wrong decision. Although the 16 year-old driver survived the accident, she may wish she hadn’t. The court ruled she will NEVER be allowed to drive again and sentenced her to 6-9 months in a moderate-risk program for teens who commit non-violent crimes. It is here she will receive rehabilitation and punishment for the crime she committed. The remorse and reminders, of course, will never go away.

Children should be taught NOT to drink underage, not to drive under the influence, and not to get in a car with an impaired driver. This could have been prevented, had these teens made different choices. The young man should have never gotten into the vehicle with his friend who had been drinking, the driver should never have gotten behind the wheel drunk, and neither of the teens should have been drinking in the first place.

Who provided these minors with alcohol in the first place? Perhaps some degree of blame should be given to whomever sold or provided them with alcohol. There can be legal responsibility for those who provide alcohol to minors and then injure another. A store, a parent of a friend who provided the alcohol, or adults who host or allow a party where alcohol was served may be held liable in the event of another’s injury or death resulting from from their providing alcohol to a minor.

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Tougher Penalties for Drunk Drivers

According to a recent article in the News-Press almost 10,000 Lee County drivers arrested for DUI, committed the crime again and again. These repeat offenders get right back on the road, and mix drinking with driving, putting us all at risk for serious injuries or worse. The Florida Highway Patrol reports 22,000 alcohol-related crashes occurred between 2004 and 2008, with 1,100 deaths due to alcohol-related accidents each year.

In Lee County, DUI offenders are seemingly NOT learning their lesson the first time. Some aren’t learning their lesson at all, even after ten DUI arrests. These facts are forcing legislators to review the penalties for DUI. Currently DUI offenders are given hefty fines to pay, but very few get any jail time for a first or second DUI offense. These fines are clearly not punishment enough to prevent second, third or more DUI offenses. We all have consequences for our actions that usually prevent us from making the same mistake twice. Will consequences that include jail or rehabilitation time be enough to prevent repeat DUI offenses?

Allowing DUI offenders back on the street and behind the wheel of a car, is like giving someone a loaded gun. Sooner or later someone will get hurt or killed. Are we willing to take that chance? I have handled many cases involving alcohol-related accidents and no amount of money can replace a loved one or make up for the severe disabilities I have seen. Tougher penalties should definitely be discussed and enforced.

Jail time and rehabilitation can cost taxpayers dollars, but maybe it is the only way to keep our roads safe? Perhaps if the penalties were tougher for first time offenders, we would see less repeat of the crime. Maybe first time DUI offenders would think twice before driving under the influence if they had their vehicle impounded, drivers license suspended or revoked, fined, and ordered to serve jail and rehabilitation time?

Let’s hope we find the answer soon, and keep our roads and family safe from drunk drivers.

Toyota is now testing each of its SUVs a

Toyota is now testing each of its SUVs after receiving a “Don’t Buy” rating…

SLOW DOWN – KEEP YOUR EYES ON THE ROAD

Life came to a screeching halt for a hardworking Cape Coral man when he was suddenly struck and killed by a pickup truck while in the line of duty on Skyline Blvd. He was working as a temporary employee for Waste Management, collecting garbage at  residences along the side of the road when he was struck from behind by an oncoming vehicle.  The cause of the accident is still unknown and an investigation is underway.

Looking at the photo on the front page of the News-Press this morning, the pickup truck appears to be completely totaled. This was clearly not a fender bender at low impact. It may be safe to assume the oncoming vehicle struck the back of the sanitation truck and victim at a high-speed. Not to say the driver was speeding, but perhaps unaware there was a sanitation truck stopped in the roadway, and therefore never had an opportunity to brake or slow down before impact.

Accidents do happen. We all make mistakes. We have all seen or been near a sanitation truck before. However, if we all slow down, avoid distractions such as cell phones, and keep our eyes on the road, accidents can and should be avoided.

Now, a man has lost his life needlessly. He was engaged to be married to his girlfriend of 6 years, with a wedding planned for July 4th.  He was also the grandfather figure to three young children.

It’s one more accident, one more death, with several lives impacted and changed forever.

If anyone has lost a loved one or been injured in an accident, don’t settle for less. Call the office of Bernardo Injury Law for a complimentary consultation at 239.332.3000 or visit www.InjuryInfo.org. We care about your case, and will do everything we can to help you get through this difficult time.

CHINESE DRYWALL CRISIS

Chinese drywall,  an imported building material that has been discovered to contain dangerously high levels sulfur compounds is lurking behind the walls of many SWFL homes. The Chinese Drywall Crisis is like a bad dream that won’t go away for many homeowners and families. Chinese Drywall is a REAL problem for those SWFL residents that are homeless, facing health problems, or financial disaster because of this crisis. There seems to be NO end or answers in site. Government officials, builders, contractors, realtors and home owners in discussions and disputes over who is to blame and who should be responsible.

The real crisis is the poor families that have invested everything into their home, and must now vacate their home and life due to failing health. Upper respiratory problems such as sinus pressure, earache, sore throat, hoarse voice, bloody noses and fatigue are the most common symptoms. A 18 year-old female is Parkland, Florida says the Chinese  drywall in her home is making her sick – physically, mentally and emotionally.  Her doctor recommended that she and her family move from the home because of the amount of ongoing upper respiratory infections that won’t go away. Health officials say there is no proof as of yet, that any long-term health problems will result, however. Only time will tell.

READ FULL STORY HERE

http://www.cnn.com/2009/US/05/06/florida.chinese.drywall.family/

DOES YOUR HOME HAVE CHINESE DRYWALL?

-One of the first signs of Chinese drywall is a strong sulfur smell, similar to the smell of rotten eggs. Lots of people in new homes pass this off as smell from the paint, or new carpeting, etc. If you smell sulfur in your home, you should consider a method of testing. See the resources section for more. Also, just because your home doesn’t smell like sulfur doesn’t mean you don’t have Chinese drywall. In cooler environments, Chinese drywall contaminated homes have been found not to smell.

-Check for corrosion on your metal faucets, drains, mirrors, picture frames, jewelry, etc. Anything that contains decorative metal in your home should be checked for pitting, darks spots, or a dark discoloration. These are tell-tale signs of Chinese drywall.

-Also, check the copper in your home. If you see darkening of copper wires, you may have Chinese drywall. A good place to check the copper in your home is at your water heater. There should be a few copper pipes around the top of your water heater.

-Watch for failing appliances. If your large appliances like TV’s, air conditioning unit or refrigerator have stop working or are working poorly, especially if they are relatively new, you may have Chinese drywall.

BLACK OUTS AT BLUE

BLACK OUTS AT BLUE

Blue Martini has been the place to be seen and heard since they opened their doors for business at The Mercato in Naples last year. Now, the hot spot is making headline news because of almost 30 reports of black outs, memory loss and nausea – not for their famous Blue Martinis. It’s not like it is unusual for people to leave a bar feeling hung over or sick, but reports say this goes way above and beyond the norm.

The number of people who have experienced complete memory loss after just one drink has multiplied in recent days escalating in the upwards of 30 incidents. It must be downright scary and unnerving to be out for dinner and a drink and suddenly not have any memory of what happened next. One reported incident was made by a female server at Blue, who states management allowed staff to have just one drink after a shift ended. She states that after the one drink she had no memory of leaving the bar, driving home, or anything other than getting off work. She never returned to work after that incident.

The attorney for Blue Martini released a statement alleging that the women who made these claims have more than likely had a reaction to drinking mixed with drugs or medication they were taking while drinking. This statement has no doubt infuriated the women who feel they have been victimized. There is an accusation that these women must be taking prescription or recreational drugs combined with the alcohol for this to have occurred. I might agree that could be a possibility if there were only two or three incidences – but NOT close to thirty cases! That seems farfetched.

This case should continue to be investigated until an answer is found and women can feel safe to enjoy Blue Martini without the fear of a blacking out.

PREDATORS AMONG US!

PREDATORS AMONG US!

As a father of teenage girls, I can’t help but grow angry and frustrated at our failed system that seems to find great difficulty in keeping our children safe. As parents we raise our children to know right from wrong, seek higher education, and make a difference in the community. Unfortunately, it appears there is little we can do to keep our children safe from predators that live and lurk among us.

Today, I think of the parents of the young 17 year-old college student, Chelsea King. The heartbreak, the grief, the shock, the anger – her parents must feel, as they learned of the needless and wrongful rape and murder of their little “angel”.

John Gardner, a convicted sexual predator lurking near the park is accused of the crime.  This is a man who was a known threat to women. This is a man whose psychiatric evaluation warned authorities he would most likely strike again. Once released, did authorities ever follow-up on John Gardner? In the past couple years two other girls were allegedly assaulted or kidnapped in the same park area. One of the two has come forward to identify John Gardner as the attacker, yet the other young woman remains missing. Did authorities question John Gardner in those two cases?

If authorities had questioned convicted sexual predators living near the park, and had questioned John Gardner in the other two cases, Chelsea King may still be alive today. If the Predator Law was better written or enforced Chelsea King may still be alive today. Our system has failed these parents and our children! How many more cases and victims will it take for us to make a change in the system we all need to trust in?

As parents, we have questions that must get answered. Why are convicted sexual predators free to walk the streets around our children? How is it possible that authorities don’t keep a more watchful eye over their whereabouts? How is it possible to release a perpetrator even after psychological testing and reports come back saying that he will more than likely strike again? How is it possible that a convicted sexual predator in the area wasn’t questioned by authorities in two prior cases involving a missing or assaulted teenager – before yet a third victim was found raped and murdered?

Tax payers dollars support our authorities and law makers. They have an obligation to the community that support them to uphold justice and keep our community and children safe. Something must be done NOW to keep our children safe from convicted predators!

To consult with an attorney about wrongful death or injury, contact Bernardo Injury Law at www.InjuryInfo.org.

Attack of the Killer Whale

Attack of the Killer Whale – Sad, But Predictable

I have handled cases of loved ones being attacked by domestic and wild animals, but never a killer whale.

Moments before the 12,000 pound killer whale, Tilikum, attacked and killed his trainer, onlookers report the whales appeared agitated, which may or may not have prompted the attack that killed veteran trainer, Dawn Brancheau. Tilikum pulled her down and kept her down under water thrashing her, according to reports. This was unfortunately, predictable behavior in light of this whale’s past incidents of aggressive behavior.

According to reports, this isn’t the first time Tilikum has killed a trainer. Shouldn’t there be extra precautions taken. Maybe Dawn got a little too comfortable with her 12,000 pound mammal friend, Tilikum after years of working and training with him?  Certainly, we hope Dawn knew there were risks. Absolutely the risks were known by her employer, Sea World.

Just days after the incident, Sea World decided to continue to let Tilikum perform in shows at Sea World and allow trainers to continue to work with him. They are however, working on putting new procedures in place to prevent another attack. Tilikum won’t be quarantined or “put down” as we do with dogs or other land animals after they have attacked and killed a human. Of course, Tilikum shouldn’t be punished or killed. He is a whale, a KILLER whale, and was a wild animal prior to being captured off the coast of Iceland. file:///(http///blogs.discovermagazine.com/intersection/2010/02/26/a-word-on-tilikum/)

Dawn Brancheau often referred to the killer whales at Sea World as her children, but these animals are still dangerous and capable of acts not understood by us.  It doesn’t matter how often you train them or “rub their belly”. It is frankly ridiculous that they are kept in an oversized swimming pool with people blowing whistle commands at them all day when they should be running through miles of open ocean, harbours and inlets.

Will Sea World face a possible lawsuit if they allow other trainers to work with Tilikum? Can you say, hostile work environment?! One thing is for sure. You won’t find me in the front of the volunteer line to work with that 12,000 pound big boy.

To learn more about business owner’s responsibility and wild animals in captivity, contact Bernardo Injury Law at http://www.Injuryinfo.org/ or call 239.332.3000.

BAN ON TEXTING COULD SOON BE A REALITY

BAN ON TEXTING

COULD SOON BE A REALITY IN FLORIDA

It’s nothing we haven’t heard before. Texting while driving has been a big topic of debate over the last couple years.  in fact, i wrote an article on this topic more than a year ago. Most people are in agreement that texting while driving can cause a distraction that may lead to an accident, injury or fatality. Although, most of us do not agree on whether a law banning texting while driving should be passed, and what the consequence should be if found guilty. Some people feel a ban would violate our constitutional rights and freedom, while others feel we have abused these rights and are proactive in the ban of texting.

According to an article in the News-Press, the nationwide movement to prevent texting while driving received extra attention this week, when lawmakers announced it would like to attach a $30 civil fine to anyone caught texting while driving. This new Dokery-Long bill would not ban cell phones. It would simply restrict reading and writing messages while operating a vehicle. Drivers would have to pull off the road and park to read or write messages. This is just one of several such proposals before the Legislature this year to vote on. Others proposed bills are much stricter, banning cell phones use altogether in a vehicle.

The number of states to pass a bill to ban texting or cell phones while driving have quickly increased. In fact, the first time I wrote on this topic a couple years ago, only 5 states had passed the bill. Although Florida hasn’t passed the law as yet, there are currently 19 other states and the District of Columbia that have passed this law. It seems Florida could very well be one of the next states to pass the ban on texting. In fact, Governor Charlie Crist has reportedly said he would sign a ban on texting, if one passes.

Lawmakers argue that it is now a matter of vital public safety, stating that the number of accidents with injuries or fatalities have risen due to writing or reading computer messages while driving. Some lawmakers who admit to texting while driving in the past, say they experienced close calls, which makes them realize the severity of the situation. The National Safety Council estimates that 1.6 million crashes annually are caused by cell phone use. Another report claims 83 Florida traffic fatalities were due to inattentive, careless driving – a violation that includes phone use, eating, and other distractions.

Some questions remain, however. Will a ban and fine for texting while driving truly make a difference and keep people from texting? Will accidents truly be prevented with a ban in place?  And, how can law enforcement officers prove your texting and driving?

Whatever happens with the proposed bills, common sense should tell us not to take our hands off the steering wheel and our eyes off the road. We should always drive responsibly to prevent injury to ourselves and other drivers or pedestrians. We are each legally responsible for the lives of the people in our vehicles. Don’t take chances. Do we really need a bill passed and texting banned to realize the dangers of reading and writing while driving?

To read more on this topic visit my blog earlier article on texting while driving at http://bernardoinjurylaw.wordpress.com/wp-admin/post.php?action=edit&post=14.

BIO:

Joseph J. Bernardo of Bernardo Injury Law is a personal injury and wrongful death attorney with 23 years of local experience in Naples, Fort Myers, Cape Coral, Punta Gorda, Port Charlotte and throughout all of Florida. For more information contact Joe at www.injuryinfo.org, gethelp@injuryinfo.org or 239.332.3000.