Texting While Driving in Florida

Florida is dealing with the rising number of car accidents caused by texting while driving. The use of cellular phone to send or read a text message while driving a motor vehicle is a form of distracted driving.

Distracted driving in the form of sending or reading a text message while in actual operation of a motor vehicle is dangerous. According to the National Highway Traffic Safety Administration (NHSTA), distracted driving accounts for 3,092 casualties and around 416,000 injuries across the United States in 2010. According to the NHTSA, text messaging is the most alarming distraction while driving because it “requires visual, manual and cognitive attention from the driver.”

The Hazards of Texting While Driving

Sending or reading a text message while behind the wheel takes about an average of 4.6 seconds of your attention, according to a study conducted by the U.S. Department of Transportation (DOT).  This attention span is the same as driving the length of an entire football field blindfolded if you are driving at 55mph. This form of distracted driving creates a crash risk 23 times worse than undistracted driving. 

In terms of age, younger drivers, who are less experienced in driving, are most likely to use their phones to send or receive message while driving, thus diverting their attention from the road ahead of them. 

In a December 2011 NHTSA survey, 18 percent of drivers who participated in the survey admitted that they have done sending text message or e-mails while driving. In the same survey, drivers who are below 24 years are more likely to text while driving than older drivers. 

In light of the hazards caused by texting while driving, Florida introduced a new law on texting and driving that went into effect on October 1, 2013. This new law makes it illegal for a driver to manually type or read multiple letters, numbers, or symbols on a wireless communication device as a form of non-voice interpersonal communication while in actual operation of a motor vehicle. This implies that it is now illegal to text and drive throughout Florida. This law also covers emailing, instant message, or any other communication with another person using a device. This law also prohibits reading a message.

Exceptions 

1.       It is permitted to use a phone to through text emergency or criminal or suspicious activity to law enforcement. 

2.       It is permitted to use a GPS or any other navigation system while driving, even if it is integrated into your cellular phone, iPhone, or iPad.

3.       It is permitted to send a message while driving if you have a hands-free system to do so. This means that your hands-free systems should be capable of converting your spoken word into outgoing messages and also capable of reading aloud a received SMS or email.

4.       The new law only applies to the driver, not to any passenger in a motor vehicle.

Drivers in Florida should be aware of this law to avoid any legal problem. If you have been cited for texting while driving, talk to a defense lawyer as soon as you can.  

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DUI Checkpoints in Florida

DUI checkpoints in Florida are used by police officers to enforce DUI laws against drinking and driving. DUI checkpoints are legal in the state of Florida, unlike in some states where sobriety stations are considered illegal under their state DUI law. These checkpoints are used by the police regularly in Florida.

At a DUI checkpoint, police officers stop each vehicle or a specific number of drivers to check for signs of impairment. Such checkpoints are used to inform the public about the risks of driving under the influence of alcohol or drugs and, of course, to arrest drivers who are driving under such influence. These checkpoints are usually scheduled during holidays or on weekends when there is a great volume of vehicles on the road and drivers who are likely to drink.

Many states in the US have questioned the constitutionality and the DUI arrest rates made at these stations. These are the reasons why few states have made these stations illegal under their law. These states cite the Fourth Amendment’s protection against search and seizure that take place without probable cause.

In 1990, however, the Supreme Court ruled that the encroachment on the Fourth Amendment is overshadowed by the need of the public to be informed of the risks of drunk driving. The high court added that these checkpoints should follow specific guidelines for them to be considered legal.

• Decisions should be made by supervisors, not arresting officers
• A predetermined formula should determine the number of vehicles on the road to be stopped for check
• The safety of the public and officer are the most important
• Policymakers determine the location of these checkpoints based on drunk driving statistics
• There should be clear visible warning lights and signs informing drivers of the checkpoint
• Duration should be limited by issues of effectiveness as well as intrusiveness
• Drivers should be detained for the minimum period of time possible
• The location of the DUI checkpoint should be made known to the public through advance publication to increase its deterrent effect and lessen intrusiveness

So, what should you do to when you encounter a DUI checkpoint in Florida? Here some simple tips you can follow.

• First is do not panic. Slow down and drive normally until you are actually stopped by a police officer. Do not ever try to pull a U-turn and drive away as you might draw attention to your car.
• Second is to proceed normally. Chances are, your car won’t even be stopped because of the predetermined formula.
• Third is to follow what the officer tells you. Be prepared as the officer might ask for your license or registration.
• Fourth is to not say too much to the officer. Federal law states that checkpoints should minimize the period of time they detain a driver. On this note, it is better to avoid talking much to the officer as they might only ask you to step out of the vehicle and go through a sobriety test in case you show signs of being under the influence.
• Fifth is to be cooperative. Step out of your car if they ask you to do.

Timothy Nies, a proud military veteran of the Army's elite 75th Ranger Regiment, leads Van Riper and Nies Attorneys P.A.'s personal injury, maritime injury, and civil litigation practice groups. He has handled complex personal injury cases, such as truck accidents, motor vehicle crashes, premises liability, assault and battery, and maritime injury claims. If you you are looking for Stuart Criminal Lawyer, you can talk to our reliable Stuart Florida attorneys at the Law Offices of Van Riper and Nies Attorneys today! 

Martin County Florida Dangerous Dog and Public Nuisance Dog Ordinances

Van Riper and Nies Attorneys represent dog owners charged with violation of Martin County dog ordinances. Below is a summary of Martin County’s dangerous dog and public nuisance dog ordinances.

Animal Biting or Attacking Incidents

According to Ordinance No. 557 of Martin County, Florida, the owner of an animal should ensure that is pet does not attack or maliciously bite other animal or human. The pet owner should also ensure that the animal does not bite other animal or human in such a way that the biting results in severe injury or death.

In any event that a dog bites another animal or human or the dog attacks but the attack does not lead to severe injury or death, the Animal Care and Control Division of Martin County or simply referred to as the “Division” in this article will investigate the event. The Division is also authorized to impose reasonable restrictions on any dog involved in such biting or attacking incident.

Definition of Dangerous Dogs

In compliance with the provisions of Section 767.12, Florida Statutes, the Animal Care and Control Division of Martin County shall do the investigation into reported incidents of any dog that may be classified as dangerous.  The Division shall also interview the owner and require a sworn affidavit from any person who wants to have a dog categorized as dangerous.

A dog shall not be classified as dangerous if the threat, injury, or damaged incurred to a person took place when that person was unlawfully on the property, or even while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. In addition, no dog is classified as dangerous if the dog was protecting or defending a human being from an unjustified attack or assault.

The Animal Care and Control Division of Martin County shall, after the investigation, make an initial determination whether there is a sufficient cause to classify the dog as dangerous. Furthermore, according to Florida Statutes, Section 762.12:

(c)After the investigation, the Animal Care and Control Division of Martin County  shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The Division shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph.

(d) Once a dog is classified as a dangerous dog, the Animal Care and Control Division of Martin Countyshall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph.

(2) Within 14 days after a dog has been classified as dangerous by the Animal Care and Control Division of Martin Countyor a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the Division serving the area in which he or she resides, and the certificate shall be renewed annually. The Division is authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the Division sufficient evidence of:

(a) A current certificate of rabies vaccination for the dog.

(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

The Animal Care and Control Division of Martin Countyis also authorized to impose a yearly fee for the issuance of certificates of registration stipulated by this specific section, as established by the resolution of the Board and a related late fee, in case the yearly fee is not paid on time.

The owner of a dog classified as dangerous shall also immediately notify theAnimal Care and Control Division of Martin Countyin case the dog is loose or unconfined, has bitten or attack a human being or another animal, is sold, given away or dies, and is moved to another address. The pet owner shall also give the contact information to the Division of the new owner of the dog, in case the dog is sold or given away. The new owner is required to comply with Florida Statutes, Section 767.12 even though the dog is relocated to another local jurisdiction within Florida.

The owner of a dangerous dog shall also ensure that the dog is restrained by a substantial chain or lease and is under control of a competent person if the dog is outside its proper enclosure. In case the dog is to be transported, it must be safely and securely restrained within a vehicle.

Hunting dogs are not classified as dangerous if they are engaged in any legal hunt or training procedure. Further, dogs engaged in training or exhibition in legal sports are exempt from the provisions provided that they are engaged in any legal procedures. Dogs determined to be dangerous shall not be used for hunting purposes. Dogs used by law enforcement officials for their work are exempt from this section.

Public Nuisance Dogs

Martin County has also promulgated an ordinance on dogs engaged in public nuisance. Dogs creating unreasonable annoyance or discomfort or sanitary nuisance shall be punished as provided for by law. Alleged violation shall be investigated as stipulated in Section 4 – 51:

(B) An animal care and control office shall investigate an alleged violation of this section only upon the receipt of three (3) sworn affidavits of complaint from three (3) individuals residing at different addresses in the vicinity of the animal(s) allegedly creating a nuisance. Such affidavits shall specific the address where the alleged offending animal(s) is(are) kept; the nature of the alleged act(s); the time(s) and date(s) of the alleged act(s); the name of the owner of the animal(s), if known; and a description of the animal(s).

(C)Upon the receipt of three (3) sworn affidavits of complaint as provided for in section 4-51 (B) and further investigation providing the animal care and control officer with probable cause to believe a violation of this section exists, an animal care and control officer shall issue the appropriate citation(s) to the owner of the animal(s) alleged to be causing the violation(s). At the reasonable discretion of the Division administrator, based upon the unusual location of a particular property, or circumstance, where an alleged nuisance-creating animal is kept, an animal care and control officer may rely upon only one or two sworn affidavits of complaint in conducting an investigation to determine whether probable cause exists for the officer to believe that a violation of this section has (have) occurred.

Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart Criminal Lawyer, talk to Stuart FL criminal lawyers at Law Offices of Van Riper and Nies Attorneys today!

Florida’s Prescription Fraud Offenses

Florida is cracking down on prescription fraud. In an attempt to decrease the number of Floridians who treat with several physicians to obtain the same prescriptions, police are making more and more arrests for violations of Florida Statutes Section 893.13(7) (a) (8), which makes it a felony for a person to treat with more than one physician to obtain the same medication before a prescription refill is permitted.

Multiple Florida statutes, in fact, have been enacted over the years to attempt to halt fraud relating to prescription drugs. As is reported every day, Florida law enforcement is making the curbing of such fraud a priority. Florida’s Comprehensive Drug Abuse Prevention and Control Act makes it is a 3rd degree felony (up to 5 years in prison and a $5,000 fine for a first offense) for one to obtain, or attempt to obtain, prescription drugs by fraud, forgery, or misrepresentation. The actual offense of prescription fraud is a crime of intent and action rather than one of possession. Commonly, prescription fraud is charged in addition to the possession offense.

Florida prosecutors, therefore, must prove that there was no Florida-licensed doctor on a prescription or that the doctor’s signature is forged or that the defendant misrepresented to the doctor the reason for the prescription. For example, the State may charge Defendant Doe, if the evidence shows that Defendant Doe lied to his doctor that he lost his prescription or that the prescription was stolen.

The Act further makes it a 1st degree misdemeanor for a defendant to possess a prescription that has not been signed by a Florida-licensed doctor. There are some exceptions for the doctor himself or herself, or an agent thereof, or a pharmacist or a supplier of the prescription pads. As touched on above, the prosecutor must prove beyond a reasonable doubt that the defendant had the intent to commit the crime – knew that the prescription was indeed phony.

The Comprehensive Drug Abuse Prevention and Control Act makes is a felony of the 3rd degree for a defendant to keep information from the doctor – for example, that he or she had the same type prescription written by another doctor within a month.

The problem we often see, from teenagers to senior citizens, is that those most often charged have genuine prescription pill addiction problems and need help as the addiction itself is a sickness. You may remember that years ago, even former Governor Jeb Bush’s daughter was arrested for prescription fraud.  Most of the time, the addiction does not start from using the prescriptions to get high, but from a legitimate injury or severe illness.

If you are charged with a prescription fraud offense it is critical that you speak with an attorney before speaking with anyone else, including law enforcement.
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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart Criminal Lawyer, talk to Prescription Fraud Defense attorneys at Law Offices of Van Riper and Nies Attorneys today!

What You Need to Know About Violation for Driving Without a Valid License in Florida

The penalties for driving without a valid license in Florida are serious.  The punishments for driving without a valid license include possible jail time and monetary fines. In addition, depending on the facts, such an offender may lose any chance of driving in the future.

In Florida, there are many reasons that may lead one to be caught driving without a license. Traffic violations are not the only reasons that can result in a suspended or revoked drive license.  Below are some circumstances that can result in license suspension or revocation.

•       Failure to pay child support or alimony
•       Failure to pay for car insurance premium
•       Failure to renew a driver’s license
•       Accumulation of 12 points or more on the driving record
•       Accumulation of unpaid traffic violations or tickets

Anyone can check to see if his or her license is valid by visiting the Florida Department of Highway Safety and Motor Vehicles site: www.6hsmv.state.fl.us/dlcheck/main.

Penalties for Driving Without a License

If you have been cited with Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR), you should immediately contact a criminal defense attorney. Penalties depend on the reason why a driver ispulled over whether the driver’s license of the driver is revoked, suspended, or there is not license at all.

Under Florida Statutes Section 322.02 (“No Valid Driver’s License”), it is a 2nd degree misdemeanor criminal offense to drive in Florida without having a valid driver’s license, such offenses are punishable by up to 60 days in jail and a $500 fine.

If a driver is pulled over with a license revoked permanently, the fees go up to $5,000 and the driver will face a 3rd degree felony charge.

Although Florida does not have a motorcycle helmet law, it is a crime to operate a motorcycle without the proper motorcycle endorsement on a driver’s license, or to drive a commercial vehicle without the applicable commercial driver's license (CDL).

Defense of DWLS Charges:

It is critical that you speak with a criminal defense attorney as quickly as possible after you have been charged with such an offense.  In Florida, drivers who did not know their license was suspended can only be charged with a civil misdemeanor, and thus not a crime.  Make sure you have the right criminal lawyer to defend your legal rights today! Getting lawyer will surely help you with any DWLS charges. Your lawyer will explain what the charges are and what legal steps you should take to defend yourself.

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Timothy C. Nies leads the firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart FL Criminal Defense Attorneys, talk to Stuart FL criminal lawyers at Law Offices of Van Riper and Nies Attorneys today!

Florida Law Boat Inspections and Searches

United States Customs officers, as well as United States Coast Guard officers have the authority to stop any boats with access to the open sea for the purpose of safety and document checks, even if there is no probable cause or suspicion of any wrongdoing by the boat captain. Such search does not violate the 4th Amendment (Unreasonable Search and Seizure).  Further, random stopping of boats by the Florida Fish and Wildlife Conservation Commission Officers (formerly Florida Marine Patrol) for the purpose of checking registration, fishing permits and safety gear is also authorized.

If a boat is not stopped for the purposes explained above, it is necessary that the officers have reasonable suspicion of criminal activity to conduct such a stop. Without consent of the boat captain, marine patrol officers cannot further search the boat unless they have a reasonable suspicion that a crime has been committed or is about to be committed. Specifically, marine patrol officers may conduct limited searches based on reasonable suspicion and may conduct more thorough, “stem to stern” searches based on probable cause.

Officers of the Fish and Wildlife Conservation Commission are authorized to conduct inspections and searches without a warrant when officers have “reason to believe” (probable cause) that fish were taken in violation of the law, specifically the Saltwater Fisheries Law.

It is important to note that during these stops Florida marine officers can ask the boat captain (operator) to perform a breathalyzer or blood or urine test and/or other s obriety tests.  If you have been arrested for Boating under the Influence call our attorney, Christian Van Riper, a lifelong resident of Stuart, a former DUI prosecutor, and avid boater himself for free advice at (772) 283-8712. The Stuart FL criminal lawyers at Van Riper & Nies are ready to help you today!

Advice to Give to your Teenager About Sex & the Law in Florida

In Florida, Lewd and Lascivious Battery is defined, in part, as: sexual activity with a child older than 12, but younger than 16.

This means that if your 19 year-old son or daughter were to have any sexual contact with another who is 15 years old, your son or daughter may be found guilty of such a crime. The punishment in Florida is harsh. The minimum prison sentence is 7 1/2 years. The maximum is 15 years.

Further, if your son or daughter were convicted of Lewd or Lascivious Battery, he or she would be declared a "sexual offender" for life and would be compelled to comply with sexual offender registration laws in Florida and throughout the U.S.  I don't need to go into detail about how such a label will impact your child's ability to hold a job, buy a home, and to otherwise lead a normal life.

In Florida, consent is not a defense in such cases. Nor is lack of knowledge of victim's age a defense. The reason is because children under 16 do not have the ability to give consent to sexual activity. In fact, even if the victim lied to the defendant about his or her age, the defendant may still face the 15-year maximum sentence. By way of example, if your 19 year-old son or daughter goes to a party and meets a 15 year old, who appears to be, and lies that he or she is 17, and your son or daughter engages in any sexual conduct, your child may spend the next 7 1/2 to 15 years in prison and labeled a sex offender for life.

In these times, it may be difficult for your over 18 teenager to tell the difference between a 15 year-old and a 17 year-old, and may not be mature to stop and think if he or she is at a party with others of the same age and has been lied to about the victim's age. The best advice, of course, is to avoid any sexual relations with another until your son or daughter gets to know the other (and their true age), and to especially avoid sexual relations with someone they just met.

Many parents fortunately talk to their teenage sons and daughters about the criminal penalties of drinking and driving.  I believe that a good percentage of parents have had the discussion with their teenagers of driving age that if they drink alcohol, to call them to pick them up, no questions asked. By comparison, the maximum jail sentence in Florida for most DUI convictions is 6 months.  The minimum sentence following a Lewd and Lascivious Battery conviction, on the other hand,  is 7 1/2 years in prison.

I recommend having an open and candid discussion with your teenagers about the importance of not putting themselves in such positions and about the life-changing consequences of being convicted of such a crime and thereafter labeled a sex offender for life. If you do not tell them, it is likely that your teenager may not know about such laws, and assuredly would not know about the details such as ignorance of the victim's age being no defense. Click this link for the full text of the Florida law on lewd and lascivious battery, then talk to your son or daughter about it.

If your son or daughter is ever questioned by law enforcement, it is critical that he or she not speak with them before seeking the advice of an attorney. Remember, that you will not be able to be with your son or daughter during such interrogation. Most attorneys will speak with you for free day or night.

For more information about our criminal defense and civil litigation practice groups, please visit us at vanriperandnies.com.