As The Miami-Herald reported, motorists in Jamaica have something of a reputation for driving erratically. The roads in the island nation are winding and narrow and traffic laws are not strictly enforced. Still, tour guides frequently operate buses and vans on these stretches for various excursions for international cruise line patrons. This particular auto accident occurred in Falmouth, Jamaica, and affected passengers hailed from all over the eastern U.S., including South Florida, North Carolina and Connecticut, as well as Michigan and Illinois. The tourists were on an excursion to Dunn’s River Falls, which is near the main attraction, Dolphin Cove. It had been arranged by Royal Caribbean and was an offer extended to all passengers on the ship.

Those who survived the crash say that just before the collision, the operator of the tour bus was driving erratically, frequently switching lanes and excessively speeding. Several of those on board asked that he slow down. The driver reportedly assured the passengers that, “this is how everyone drives” in Jamaica. Maybe so, but it didn’t end well this time.

According to reports, the driver was on a two-lane road and as he approached a curve with limited visibility, he slammed into oncoming traffic in an attempt to pass another vehicle. Meanwhile, a truck was traveling the opposite direction and broadsided the bus as the truck driver tried to swerve to avoid impact.The bus flipped numerous times. One passenger was killed and several others suffered severe and permanent injuries, according to the car accident lawsuit.

Three of those on the bus were treated at a local hospital. The lawsuit filed alleged 18 of the 21 cruise ship passengers on board suffered injuries that ranged from scrapes and bruises to lifelong, debilitating conditions.

Any case against cruise ship operators can be tricky for a number of reasons. First, there are the waivers of liability that are printed on each ticket. Purchase and subsequent attendance on the ship can be legally construed as consent to those terms. Beyond that, injuries that occur on excursions often may only legally involve the small local outfits that contract with the large cruise lines to offer them. In this case, plaintiff attorneys allege passengers were made to believe the cruise line was the entity operating the excursion, as it was marketed as an affiliated trip. However, the excursion in question was in fact led by a third party, Jamaica-based tour operator.

Still, plaintiff lawyers assert that cruise line companies have a responsibility to take reasonable steps to ensure patron’s safety from the beginning to end of their trip, and that responsibility is not severed when passengers take an excursion – particularly if it is one that is offered and marketed by the cruise line.

If nothing else, the case highlights the importance of road safety no matter where you are – whether it’s going to work or vacationing in Florida or traveling in another country. Always wear a seat belt, observe the speed limits and obey local traffic laws.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Passengers sue Royal Caribbean for reckless Jamaican tour that killed one traveler, Jan. 11, 2016, By Chabeli Herrera, Miami Herald

More Blog Entries:

GEICO v. Isaacs – Arguing Against Post-Accident Trial Remittitur, Jan. 3, 2016, Miami Car Accident Lawyer Blog

The 2nd District Court of Appeal upheld a ruling by a circuit judge granting summary judgment to Tampa General Hospital. The appeals court agreed with the judge on the central issue of whether two doctors involved in the surgery were connected to the hospital. Tampa General argued that the doctors were employed by the University of South Florida, and the hospital had delegated its duty of care and any potential liability to the university. The university’s College of Medicine uses Tampa General as its primary teaching hospital.

The lawsuit was filed by the estate of Annie Godwin against the university, Tampa General, and the two physicians, after Godwin died during surgery to remove a cancerous tumor in 2009. Godwin died due to heavy bleeding after she suffered a tear in a vein.

According to the three-judge appeals panel, there were no disputed facts undermining the conclusion of the trial court that the doctors were not employees or agents of Tampa General Hospital. The appeals court said that the physicians were employees of USF, and Godwin had signed a document acknowledging that fact.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

The Florida Highway Patrol is reporting one person died in the truck accident, a 38-year-old visiting from Iowa. Two others suffered critical injuries and eight others suffered moderate to minor injuries. In addition, two firefighters who responded to the scene also required medical attention.

The decedent was riding in the rear seat of a Lincoln Town Car that was rear-ended by the semi truck. That Town Car is alleged to have burst into flames upon impact. Decedent was declared dead at the scene. 

Witnesses said an Iraq War veteran who was nearby sprung into action to pull several victims from the seven vehicles involved in the horrific crash. His actions may well have saved lives and lessened injuries.

Investigators have not yet filed charges in the case, though they have said that action is likely, based on what they know so far. A statement released by FHP indicated that an improper lane change may have played a central role in the crash, though it’s not clear which vehicle made that improper lane change.

Typically anytime there is a rear-end collision, there is a rebuttable presumption that the driver in the rear is at-fault. There is a general understanding that vehicles ahead may need to halt abruptly. That’s why motorists need to keep an assured clear distance.

However, there may be some instances in which the driver in the rear could be cleared of liability.

The 2007 decision by Florida’s 3rd District Court of Appeal in Department of Highway Safety & Motor Vehicles v. Saleme established that a rebuttable presumption can be refuted if:

• There was a mechanical failure involving the rear vehicle;
• There is evidence of a sudden and unexpected stop or lane change;
• There is evidence that the vehicle struck was illegally stopped on the road.

Courts have been particular about how they apply these exceptions. For example, it’s not enough to show that the driver in the lead slammed on his or her brakes. It has to be both sudden and unexpected. That usually means a scenario like a vehicle stopped arbitrarily in the middle of a highway. But if, for example, the car ahead stops suddenly at an intersection because another driver is running a red light, that is not considered an unexpected scenario.

If the other driver presents sufficient evidence of one of these exceptions, then the court may consider comparative fault by that lead driver (or others).

Truck accident lawsuits in Florida tend to be more complicated anyway, which underscores the need for an experienced lawyer. While in most car accident cases, one would simply sue the at-fault driver, a collision with a commercial truck usually involves naming numerous defendants – the driver, the carrier, the truck owner, the mechanic and more. In a situation like this where multiple vehicles were involved, there may also be a number of other at-fault too.

Injured persons will also want to keep in mind that most auto insurance policies have a per-accident damage cap. Because so many people were injured in this crash, there will likely be multiple people vying for a piece of that insurance money.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Semi truck causes fiery 7-vehicle crash with fatality in Fort Myers, May 16, 2016, FOX 4

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Miami Car Accident Lawyer Blog

According to authorities, the pill mill filled fraudulent prescriptions for over one million doses of pain medication, including oxycodone and hydromorphone. The highly addictive prescription pain pills have an estimated street value in excess of $16 million, authorities said.

Authorities said that the defendants used unlicensed medical workers as well as doctors to issue fraudulent prescriptions for medications that were then sold throughout South Florida. Prescriptions issued by the center were found as far away as Pennsylvania, New Jersey and Delaware.

The defendants face charges including conspiracy to sell illegal drugs, conspiracy to sell oxycodone, and racketeering. They will be prosecuted by the Office of Statewide Prosecution, part of the Attorney General’s Office. There is a 25-year mandatory minimum prison sentence associated with the drug trafficking conspiracy charges.

People who fraudulently or negligently prescribe medications that cause harm to users may also face civil lawsuits. People who are injured as a result of pharmaceutical negligence may be able to obtain compensation through a lawsuit. Contact Joyce & Reyes for more information.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

New York’s Van Dyke Money Gang used a Western Union money order scheme to net more than $1.5 million in 2015, the article says. The Neighborhood Crips of New Jersey created fake gift cards for retail outlets. And multiple South Florida gangs filed false tax returns under stolen identities in order to steal refunds.

The AP quoted Al Pasqual, a fraud consultant at Javelin Strategy and Research, who characterized the shift as a simple case of risk versus reward.

Pasqual posed the question, “Why would you spend time on the street slinging crack when you can get 10 years under federal minimums, when in reality you can just bone up on how to make six figures and when you get caught you’re doing six months?”

Pasqual said that while some gangs use the white-collar schemes as a side business to fund operations selling drugs and guns, others have adopted them as their primary means of making money.

The NYPD is adapting by coordinating personnel from the grand larceny division with those from the gang unit and other divisions.

In August 2012, Steven Goodman was sentenced for providing more than 1 million prescription pills to the owners of “pain management” clinics in Wellington, Florida. 

U.S. District Judge Kenneth Marra sentenced Goodman to 30 months of house arrest in his home near St. Petersburg because, he said, the prison system could not accommodate a person of his size. Goodman weighs 551 pounds.

The twin brothers who owned the clinics, Jeffrey and Christopher George, were sentenced to 15.5 and 14 years respectively for illegally disbursing pain pills at several South Florida locations.

Goodman requested that the last seven months of his sentence be nullified, because it is nearly impossible for him to leave his home in any case due to his size. Goodman claimed that he suffers from an incurable disease of the lymph system and a heart condition, and that his doctor has given him six to 12 months to live.

Judge Marra denied the request, saying that Goodman was sentenced to house arrest not as a favor to the defendant, but in order to spare the prison system the burden of his care.

If you need to speak with a personal injury attorney, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Attorney General Pam Bondi said that the Broward County Sheriff’s Office collaborated with the federal Drug Enforcement Administration to bring the “dangerous drug dealer” to justice.

Dr. Thomas Rodenberg was found guilty of trafficking in oxycodone, racketeering, conspiracy and delivery of oxycodone and other prescription drugs by a jury. He was arrested in August 2012, along with 10 others, after an investigation of a medical clinic in Pompano Beach.

Undercover officers said they visited the clinic posing as patients and were prescribed controlled substances without showing a legitimate medical need. The officers received 55 prescriptions for different controlled substances, including almost 3,000 doses of oxycodone.

Bondi said that Florida has seen a decline in deaths related to prescription drug abuse in part because of crackdowns like this one.

When pill mills prescribe a medication that causes injury or death, they can be held liable, and victims and their families can recover compensation through a lawsuit. At Joyce & Reyes, we have extensive experience with this type of litigation. If you or a loved one has suffered harm as the result of an unscrupulous doctor or pain clinic, contact Joyce & Reyes for a confidential, no-cost consultation.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Dr. Melanie Rosenblatt is director of pain management at Broward Health North in Deerfield Beach. In the hour-long documentary “Pain Matters,” she explains that understanding addiction is crucial to pain management. She says that doctors need to consider all options when treating pain patients, not just high doses of opiates, which can actually make pain worse in the long run.

Alternative and complementary treatments include nerve blockers, surgery, behavioral and psychological therapy, spinal cord stimulators, physical therapy, exercise, topical treatments, and non-opiate medications like muscle relaxers and anti-inflammatories.

The documentary covers six patients who struggled with and overcame chronic pain, including a two-time Stanley Cup-winning hockey player and an injured Iraq war veteran.

Before the state’s pill mill crackdown, Florida was home to clinics dispensing astronomical amounts of of pain pills—to legitimate patients, addicts, and drug dealers from all over the country. Their numbers have dwindled, but Rosenblatt points out that some doctors still prescribe addictive narcotics such as oxycodone in amounts she calls “egregious.”

Chronic pain can be devastating to patients and their loved ones. Increased awareness of alternative treatments and the dangers of addiction hopefully will lead to less need for narcotic painkillers.

If you need to speak with a personal injury lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

http://www.youtube.com/watch?v=nh0MKeZdHNA – driving video

http://www.youtube.com/watch?v=xqR_iOXwcz0 – surveillance video

This is a copy of the police report obtained by TMZ.  WARNING! The police report contains profanity and strong language!

Bieber DUI police report

The police report alleges that Bieber and another person also driving a Lamborghini were drag racing and reached 55-60 miles per hour.  The problems with this allegation?  The car Justin Bieber was allegedly racing was a Ferrari, not a Lamborghini.  The second officer involved was readily able to distinguish between a Ferrari and a Lamborghini.  This shows that the officer’s observations are suspect and may not be credible.  Also, if you look at the video, the two vehicles do not appear to come close to reaching such a high rate of speed.  In order to issue a ticket for speeding, police officers are supposed to estimate a vehicle’s speed and then clock the speed using radar or pacing the car using their speedometer.  This was never done.  If the officer is wrong about these simple observations, what else is the officer wrong about?  Does he have a bias against people driving expensive sports cars?  Was the officer’s mind made up to stop the cars or request a DUI investigation based on the vehicles alone?  What affect did it have once he learned it was Justin Bieber driving?

The police report also indicates there were no problems with Bieber’s driving pattern.  He even made a right hand turn with no issues.  One of the “cues” or indicators of impairment and officer looks for in a DUI case is problems with the driving pattern.  Here there does not appear to be any.  This fact could then for the basis for a Motion to Suppress in which a DUI attorney asks the court to throw out evidence of the stop due to the illegal stop by the police.  In a DUI case, that would result in ALL the evidence being thrown out of court and the DUI charge and any additional charges would be dismissed.

Once pulled over, there were very few indications that Bieber was impaired.  He protested his innocence (with a lot of profanity).  He did not slur his words, he did not have trouble exiting the vehicle, Bieber did not need to use the vehicle for support, or lean on the vehicle.  These are all indicators that a driver may be under the influence that DUI officers are trained to look for in a DUI arrest.  It is not easy to exit and get out of a low-to-the ground sports car, but Bieber apparently did so perfectly.  Another problem with the prosecutor’s case.

The next problem is that Bieber was immediately arrested for DUI with NO Field Sobriety Exercises performed on him!  The police did not even call a DUI officer to the scene or ask if he would perform Field Sobriety Tests before arresting him.  That means he was arrested based on allegedly racing or speeding (does the video bear this out?), having blood shot eyes (up all day and tired? Coming from a smoky environment), a flushed face (because he was angry for being pulled over for no reason?), and the odor of alcohol on his breath (it is not illegal to drink and driver in Florida, it is only illegal if you have so much to drink that it affects the driving). You must not ignore the other facts that indicate Bieber was NOT IMPAIRED when determining whether there was probable cause to make a DUI arrest.  The perfect driving, not slurring his words, exiting the vehicle perfectly, not stumbling at the roadside, not swaying at any point in time, protesting his innocence, stopping the car immediately and pulling over the vehicle without any issues.  These are factors that bear on probable cause also.  Under Florida law, the odor of alcohol alone is insufficient to establish probable cause for arrest. State v. Kliphouse, 771 So.2d 16 (Fla. 4th DCA 2000).  So the motion to suppress the stop and have the case dismissed could prove to be very strong in Bieber’s case.

Bieber again protested his innocence at the jail.  Bieber was finally asked to submit to Field Sobriety Exercises and he refused.  The Field Sobriety Tests are voluntary under Florida law!  A suspected impaired driver does not have to do them.  Bieber again explained that he was innocent and was not impaired, drunk, or intoxicated so why should he have to do them.

Bieber took the breath test result which came in at allegedly at .011 g/mL and .014 g/mL of alcohol.  Breath Test results are NOT reported as a percentage and DO NOT represent the percent of alcohol in a person’s body.  The legal limit in Florida is 0.08 g/mL of alchol.  This means that Bieber’s breath test result was way BELOW THE LEGAL LIMIT.  Not only the legal limit for a DUI case, but even below the legal limit for an underage driver in Florida.  The legal limit is 0.08 no matter what your age is in a DUI case.  However, the administrative law states that the Dept. Of Highway Safety and Motor Vehicles (DHSMV) will suspend an underage drinker’s license if their breath test level is 0.02 or higher!  (Florida Statute Section 322.2616).  Bieber was below even this small amount.  There will be no administrative suspension of his driving privileges and no need to request a Formal Review because his license will not be immediately suspended by Florida’s DHSMV.

Finally, Bieber was allegedly requested to undergo a drug evaluation.  There is no information in the police report to indicate whether the DUI officer who performed the evaluation was a Drug Recognition Expert (DRE) or whether Bieber underwent the 12 step protocol for the Drug Influence Examination (DIE).  DUI officers are required to get extra training in Driving Under the Influence of Drug cases (DUID).  It is illegal to drive while impaired by a controlled substance in Florida.  A controlled substance can be a lawfully prescribed medication.  Whether the lab analyst will find anything in the urine sample is fact we will learn at a later time.

However, there are a number of issues with the Drug Influence Evaluation.  The police need probable cause to request this evaluation.  There is nothing to indicate that Bieber was impaired by drugs in this case.  Unless Bieber made statements that he was currently taking medications or took some controlled substance, there is no reason to think drugs played any part in this case.  In addition, there are number of ways to defend against a DIE.  Was the DRE trained properly? Is the officer even a DRE?  Did he perform the DIE correctly?  Has the DRE kept up with the requisite training to maintain his status as a DRE?  Was the drug evaluation videotaped?  It does not have to be, but it can lead to valuable evidence in this case.  As part of the 12 step protocol, an arrested driver for DUI is asked to perform the Field Sobriety Exercises.

This case has a lot of legal issues and there may be a number of defenses to this DUI charge.  Roy Black is a phenomenal criminal defense lawyer and is representing Justin Bieber in his DUI case.  I will continue to post about Bieber’s DUI case as we learn more.

If you have been arrested for DUI, retain a DUI attorney that is part of the National College for DUI Defense (NCDD).

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

 CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

 863-838-5549 cell

 Because you only have 10 days to request a Formal Review or get a hardship license!

NCDD

Due to a recent drug enforcement raid, seven South Florida residents face federal charges of illegal dispensing and handing out a variety of powerful drugs, including a well-known highly addictive drug, oxycodone.

After the raid and the arrest of those on the premises of the pill mill, there was a 20-count indictment against the defendants. Those charged included the local clinic’s owner and a Boca Raton doctor, Vijay Chowdary. The litany of charges include, but are not limited to, maintaining drug-involved premises, money laundering and possessing controlled substances.

Schedule II drugs, such as oxycodone, are known for ultimately being responsible for causing more drug overdose deaths than heroin and cocaine combined. They have a higher likelihood of being abused, as they may be injected, snorted, dissolved or crushed to achieve a quick high.

The premises raided belonged to Intracoastal Medical Groups, Inc. in Broward County. The clinic allegedly offered patients prescriptions for various controlled substances without any existing medical issues and with only a cursory medical examination. According to witnesses and investigators – who had been on the case for months – traffickers and addicts would frequent the clinic to get as many of the pills as they could.

Further evidence suggested the clinic faked medical documents, tests and allegedly issued fake identity cards to make it appear that all of their patients lived in Florida, when in fact, many of them came from other states to obtain drugs for eventual resale elsewhere. On the surface, this case appeared to be about diverting highly addictive drugs to sell them for profit at the expense of the clinic’s patients.

Convicted defendants could face, in total, up to 60 years for distributing, dispensing, and aiding and abetting the distribution and dispensing of oxycodone outside the usual parameters of professional practice and not for a legitimate medical purpose; for conspiracy to distribute, dispense and possess oxycodone and for maintaining a location for the distribution of narcotics.

Even though the evidence may suggest the seven defendants are guilty of what they have been charged with, this is not always the case. Evidence can tell more than just one story. Furthermore, just because someone was on the premises when the clinic was raided, does not, in and of itself, indicate they were involved in any way with what may or may not have been going on there.

Anyone that is facing drug charges, or has been charged, needs to speak to a competent defense attorney. There are a number of vitally important questions that need to be answered, such as: did the police have the right or probably cause to search the clinic and/or other related locations, did they need a search warrant to personally search the seven individuals on the premises and/or their vehicles and homes, was the search and seizure carried out in a timely manner, and how relevant and current was the information used to conduct the search and seizure?

Drug cases have many legal issues that may result in the evidence being thrown out or suppressed. Do not wait to call an experience criminal defense attorney. Your case may stand a chance of being dismissed.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.