Panama City Florida Injury Lawyer Blog

After intense efforts by groups like Mothers Against Drunk Driving , founded in 1980, most people are aware that drunk driving is dangerous and poses a threat to the driver and everyone else travelling on or near the roadway. People are quick to identify drunk driving as a safety threat but fewer cite the broader problem of "driving while intoxicated" or "driving under the influence." These offenses encompass the use of not only alcohol but also both legal and illegal drugs. A growing part of the DUI/DWI threat, and a rising concern to our Panama City DUI injury law firm, is the group of substances known as synthetic drugs.

Synthetic Drugs Overview
The Office of National Drug Control Policy notes that synthetic drugs include synthetic marijuana (plant materials laced with THC, the active ingredient in marijuana, and also called "Spice" or "K2") and so-called "bath salts," which contain manmade chemicals similar to amphetamines. These are sometimes sold in stores with labels, including a blanket "not for human consumption" statement, that mask their intended purpose and also avoid FDA oversight. A 2011 study found 11.4% of high school seniors used synthetic marijuana in the prior year, making it the second most frequently used drug for the age group. Poison control centers and other public health groups have issued warnings about the adverse health risks of synthetic drugs including hallucinations, agitation, tremors, violent behavior, and elevated pulse and blood pressure

Gov. Scott Signs Florida Synthetic Drugs Ban
Efforts to ban synthetic drugs have been spreading across the nation. Last week, as reported by WJHG, Florida Governor Rick Scott signed a bill banning 27 different forms of synthetic drugs, including Spice, K2 and bath salts. The ban went into immediate effect, making manufacturing or selling the substances a third-degree felony. Officials from the Bay County Sheriff's Office noted that they have to work to stay on top of trends in the synthetic drug arena because the chemical compounds used by manufacturers are ever-changing. Governor Scott noted that he hopes the ban will continue the trends that have Florida reporting crime rates at a 41 year low.

Accidents and Injuries Stemming from the Use of Synthetic Drugs
Synthetic drugs can pose a danger to both the user and those who come in contact with a person under the influence. Bath salts have been associated with some truly horrific headlines, including more than one case of reported cannibalistic activity. There is also a growing trend, and growing danger, associated with driving under the influence of synthetic drugs. Seacoast Online, a New Hampshire news source, reported on a rollover crash on April 9, 2013 involving serious injuries to both driver and passenger. The driver admitted to using K2 prior to the accident, resulting in initial charges including aggravated driving while intoxicated. On March 5, as reported by West Virginia's WCHS, police found synthetic marijuana in a vehicle following an accident. The driver was paranoid and combative when police arrived and they found a folding knife in his right hand when they tried to handcuff him. He was charged with obstructing and "driving under the influence-drugs."

It is impossible to know how many accidents have resulted from the use of synthetic drugs because they are hard to test for and the formulas are constantly changing. However, there is no question that the use of synthetic drugs is a threat to roadway safety. Our Panama City drugged driving lawyer is prepared to help the victims of car accidents caused by a driver using synthetic drugs. We can also help victims of other incidents stemming from the use of synthetic drugs seek monetary redress in Florida's courts. Call to schedule a free consultation.

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Bath Salts - A Dangerous Drug with an Innocent-Sounding Name

Verdict in Drug Case and a Reminder of the Rights of Victims of Panama City Drug Use

As a law firm for Panama City drunk driving victims, and as citizens of Northwest Florida, we applaud the work of the Florida Sheriff's Task Force in Operation Dry Spring, an initiative aimed at lowering the number of young people involved in emergencies associated with underage drinking and the use of synthetic drugs. The News Herald reports that the statewide task force led to more than 5,000 arrests and allowed police to seize more than 18,500 grams of narcotics.

Bay County Posts Highest Arrest Numbers Following Statewide Focus on Underage Drinking
Thirty-seven counties took part in Operation Dry Spring, which ran from March 4 to April 7, with Bay County posting the highest number of arrests at more than 1,800. Major Tommy Ford notes that Spring Break safety in Bay County involves the Sheriff's Office, the Florida Highway Patrol, the Panama City Beach Police Department, and the Division of Alcoholic Beverages and Tobacco. While the latter usually takes the lead on underage possession of alcohol charges, Ford noted that in Bay County the troopers focused on traffic enforcement and ABT concentrated on underage drinkers. He added that the BCSO and the PCBPD "focused on the general mayhem." Ford cited the dedication of all the agencies and the head-on approach as contributing the Bay County leading the state in charges filed during the operation.

MADD Tackles A Common Teenage Query: Why 21?
It's a question asked at least once by almost every American teenager - Why 21? Mothers Against Drunk Driving tackles the issue in a series of articles on the group's website. Interestingly, history shows that most states had a minimum drinking age of 21 before a movement in the late 60s and 70s led to 29 states lowering the drinking age to more closely match the newly-reduced voting and military enlistment ages. Almost immediately, according to MADD's research, drunk driving crashes and deaths related to alcohol use rose in those states and in border-areas (dubbed "blood borders") where young people drove across state borders to drink and then crashed on the return trip to a higher-age state. More than half of the states, a total of sixteen, returned to a drinking age of 21 by 1983. A federal effort followed with legislation in 1984 leading to all states signing on to a drinking age of 21 by 1988.

Has 21 worked? The National Highway Safety Administration estimates that the return to a 21 minimum has saved 900 lives per year, resulting in more than 25,000 lives saved since the across-the-board adoption of a drinking age of 21. Other studies show that underage drinking rates have fallen. Since 1991, the use of alcohol has fallen 45% among 8th graders, 30% among 10th graders, and 18% among 12th graders. Research also negates the suggestion that lowering the drinking age would make it less attractive to teens (the "forbidden fruit" theory), with studies showing young people drank more under an age 18 minimum. Another statistic found underage drivers were involved in more than twice as many fatal crashes prior to the universal adoption of the 21 minimum. MADD also notes that alcohol is particularly harmful to teenage brains and that drinking as a teenager increases a person's risk for alcoholism.

Panama City Injury Firm Representing Victims of Underage Drinking
There is a lot more to say about underage drinking and it is an issue we will revisit. MADD's research into the 21 year-old minimum supports both the existence and the enforcement of our current drinking age. We applaud the law enforcement teams for their work on Operation Dry Spring, work that research affirms is important to the safety of teens and of our community as a whole.

If you have been the victim of an accident caused by underage drinking in the Florida Panhandle region, or if you lost a loved one in a similar tragedy, please call our firm. Attorney Pittman is an experienced Panama City injury lawyer and his team can help you file a civil claim and recover crucial monetary damages that will help you move forward from unexpected tragedy.

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Panama City Beach Fatality Serves as Reminder of the Danger of Mixing Drinking and Driving

Florida Eyes Tougher DUI Penalties

(Photo by Jørgen Schyberg)

We see the victims in our office almost every day. They are the families who are grieving a life cut short. They are the people adjusting to life with a serious injury and losing sleep because they relive one moment over and over when they close their eyes. Our firm is dedicated to helping accident victims, including serving as a law firm for Panama City DUI victims. They ask us to help them recover the monetary compensation they are due, funds that they desperately need to help them move forward. They also ask us how they can make sure that no one else faces the same battle, a fight to recover after being the innocent victim of a drunk driver. We are proud to do both, a commitment that includes considering the use of ignition interlock devices.

Overview of the Devices and Proposed Changes to Florida's Interlock Law
WJHG reports that a full quarter of the 53,000 drivers charged with driving under the influence were facing a second offense. This is a disturbing statistic that speaks to issues with both the offenders themselves and the system as a whole. Connie Russell, a mother who lost her son to a drunk driver in late 2006, is one of many pushing for effective reform. She is asking the state legislature to mandate that every person convicted of a DUI be required to use an ignition interlock device.

What is an ignition interlock? It is a breathalyzer that is installed in a car and attached to the engine. In order to start the vehicle, a driver must breathe into the device and pass the sobriety test. The device will also require occasional breath tests throughout a trip, preventing a driver from simply having someone else start the car. The interlock device keeps a record of the breath samples and drivers face additional legal consequences for failing readings.

Currently, the devices are usually only required following a second or subsequent offense and only required for a first DUI conviction if the driver's BAC is 0.15 or higher or if a minor was in the car at the time of the offense (See Florida Statutes 316.193 and the Florida Department of Highway Safety and Motor Vehicles' Ignition Interlock page). In addition to expanding to cover first-time offenders, the proposal sponsored by State Sen. Dorothy Huskill would also force some offenders to keep the devices on their vehicles for a longer period than currently required under the statute.

Debates Over Costs Cause Proposal to Stall
Drivers who are required to install an interlock device on their vehicles are responsible for the cost of the device. Currently, an interlock unit costs $72.50 per month. Doug Manheimer, a representative for a company that leases many of Florida's interlock units, expressed concerns about this cost during a recent legislative hearing. He suggested there may be a tipping point at which the cost drives people to "drop out of the system," opting to drive without a license or insurance rather than pay the interlock fee. Connie Russell responded to this concern in her own testimony before the legislature, by comparing the cost of an interlock unit to the cost to parents like herself who lose a child to a drunk driver.

Florida lawmakers did not vote on the interlock proposal and they have not scheduled any future discussion on the bill. This move puzzled the bill's sponsor and disappoints our legal team. Interlock devices are not a perfect answer and figuring out the best way to use the devices may not be easy, but simply avoiding the issue is irresponsible. We hope that the legislature will revisit the interlock issue and make preventing repeat DUIs a priority.

If you have been injured or lost a loved one in a drunk driving crash in Northwest Florida, please call our Panama City DUI accident lawyer. Attorney Pittman has served the region for more than 25 years, representing victims in personal injury and wrongful death matters and helping educate community members about legal and safety issues.

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Panama City Beach Fatality Serves as Reminder of the Danger of Mixing Drinking and Driving

The Civil and Criminal Implications of a Florida DUI

(Photo by Quinn Dombrowski)

The headline is meant to make you laugh. The image presented is indeed an amusing one and, thankfully, no one suffered injury in the incident. However, our Panama City accident lawyer recognized an important reminder in the short WJGH anecdote. We all know that drunk driving is a serious and dangerous offense. However, we don't often consider that other types of vehicles can also prove hazardous when an intoxicated person operates the device.

Man Charged After Driving Motorized Cart While Intoxicated
According to WJGH, police in Brooksville, Florida responded to a call from an area Wal-Mart on Sunday night. They found Timothy Carr driving a motorized shopping cart around the store. Carr was allegedly already drunk and when he took an alcoholic beverage from store shelves and drove the cart through the store, knocking items off shelves in the process. Police arrested Carr on charges of disorderly intoxication and, after he told them he was unable to pay for the alcohol he had consumed at the store, felony retail theft. They filed the felony-level charge because Carr had two prior arrests for retail theft.

DUI Charges in Vehicles Other than Automobiles
Carr faces disorderly conduct and theft charges, but could he have also faced DUI charges? Of course, the answer is fact-dependent, but as a general matter Florida law does not limit DUI charges to automobile drivers. Nationwide, DUI charges have been applied to intoxicated individuals operating: Motorcycles/Mopeds; Bicycles; Golf carts; Snowmobiles; Motorized scooters; Lawn mowers; Farm equipment; and, even, Horse-powered carriages. In Florida, the statute prohibiting driving under the influence applies "if the person is driving or in actual physical control of a vehicle" while intoxicated (Florida Statutes Sec. 316.193). Earlier in the same chapter of the statutes, the law defines vehicle broadly as "[e]very device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks" (Florida Statutes Sec. 316.003(75)). Boating under the influence is also against the law but is covered in a separate, specific statute (Florida Statutes Sec. 327.35).

Accidents Caused By Intoxicated Operators
Readers of this blog know that the criminal and civil systems are distinct. However, the fact that the criminal law recognizes that driving under the influence is a problem that extends beyond automobiles is useful to civil claimants. Drunk driving dangers, like drunk driving charges, extend beyond automobiles. The reality is that innocent victims can be injured by careless operation of any vehicle, including scooters, golf carts, and even bicycles. Bystanders, passengers, and occupants of other vehicles are at risk when an intoxicated person chooses to operate any of these vehicles. Motorcycles are particularly dangerous when mixed with alcohol. ATVs have also been involved in numerous accidents as a result of people operating the vehicles while intoxicated.

With more than three decades of experience, Attorney Pittman knows that accidents take many forms. Alcohol fuels a wide-range of mishaps and individuals who drink irresponsibly should be held accountable for their actions. If you have been hurt in an accident caused by an intoxicated person, please call our Panama City injury law firm.

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Panama City Beach Fatality Serves as Reminder of the Danger of Mixing Drinking and Driving

The Civil and Criminal Implications of a Florida DUI

(Photo by Ryan Gageler)

Drunk driving leads to tragedy. We confront this truth on a regular basis in our work as a Panama City car accident law firm. We can help victims recover damages in personal injury and wrongful death lawsuits. We cannot, however, answer the question we are asked time and time again - How can someone get behind the wheel while impaired knowing the dangers of drunk driving? There is no good answer to this question.

Pedestrian Killed by Suspected Drunk Driver in Panama City Beach

The News Herald is continuing to provide updates on a fatal accident involving a suspected drunk driver in Panama City Beach. On Sunday, thirty-seven year old James Gladney was crossing Joan Avenue when he was hit by a 1994 Dodge pickup. Twenty-seven year old William Scott Rhodes was behind the wheel of the truck when it stuck Gladney, killing the pedestrian and propelling his body into the intersection with Houston Street. Police charged Rhodes with DUI at the scene and transported him to Bay County Jail.

DUI Statistics from the Center for Disease Control
In the course of a single day, almost 30 people die in the U.S. as a result of motor vehicle collisions involving at least one alcohol-impaired driver. That figure, which translates into one fatality every 48 minutes, is just one of the statistics provided on the Center for Disease Control's ("CDC") Impaired Driving factsheet. The info sheet further notes that the 10,228 people killed in alcohol-involved crashes in 2010 represents nearly a third (31%) of all motor vehicle fatalities nationwide. About 18% of driver deaths nationwide involve a drug other than alcohol, such as cocaine or marijuana, although these substances are often used in combination with consuming alcohol.

The CDC identifies three groups that are most at risk from alcohol-involved driving: 1) Young people - The risk of a crash at all levels of BAC is higher among younger people and drivers between 21 and 24 account for 34% of fatal crashes involving a BAC over the 0.08% legal limit; 2) Motorcyclists -- The CDC found that 28% of motorcyclists killed in fatal accidents in 2010 had BACs above 0.08%. 2) Drivers with prior DUI/DWI convictions.

Preventing DUIs and Protecting the Victims

Community and governments can take a number of steps to prevent drunk driving deaths and injuries. Effectively enforcing the law, including revoking the license of people caught driving drunk, is key to cracking down on the problem. Sobriety checkpoints have consistently been shown to reduce the number of alcohol-related crashes, usually by around 9%. Community based approaches, including health promotion efforts, are also known to be effective. Another effort known to be successful in combating the DUI problem is requiring offenders to attend mandatory substance abuse assessment, followed by treatment where deemed appropriate. The CDC has also suggested lowering the BAC threshold to 0.05%, increasing alcohol excise taxes at both the state and federal level, and requiring mandatory BAC testing following any injury-causing motor vehicle crash.

Individuals can also help prevent alcohol-related car accidents. If your plans involve drinking, be sure to make transportation arrangements in advance such as designating a non-drinking driver or planning to call a taxi. Don't let friends drive drunk and take away their keys if they will not listen. If you are hosting an event where alcohol will be consumed, remind guests to plan ahead by designating a driver and offer alcohol-free alternatives for the sober drivers. You should also keep the number of a taxi company handy in case any of your guests need it (or plan to offer space to sleep overnight). Remember that there are no quick fixes and only time (not coffee, food, or a shower) can allow someone to sober up after drinking.

We can't tell our clients why people still get behind the wheel while intoxicated. We can, however, continue to provide information and drinking and driving in the hopes of convincing even one more person to say no to driving under the influence of alcohol. We will also continue to help the victims of Panama City drunk driving accidents. Civil injury and wrongful death suits provide victims with essential financial recovery. We also believe civil injury suits serve as one more deterrent against drinking and driving, hopefully allowing one tragedy to prevent another.

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The Civil and Criminal Implications of a Florida DUI

Before the Party: The Drunk Driving Stats We Hope Will Keep You Safe

(Photo by Jørgen Schyberg)

At the Pittman Firm, we work with our clients to get Florida accident victims compensation via state and federal courts. We are proud to serve the community as a Panama City injury law firm, including representing people injured by drunk drivers. While the civil and criminal court systems in the U.S. are separate and distinct, we believe it is useful for all residents to have a general understanding of both facets of the legal system as they relate to driving under the influence.

Driver Pleads Guilty, Sentenced to Twelve Years in DUI Manslaughter Case
The News Herald recently provided an update on a tragic accident that impacted our community back in mid-2012. On Thursday, Jimmy John Christo Jr. pled guilty to charges stemming from a crash that killed Joe Landers, the chief of police for Lowell, Arkansas, on April 27, 2012. Despite a request from Christo's lawyer for a lesser sentence, the judge sentenced Christo to twelve years in prison. The charges against Christo included two felonies, DUI manslaughter and leaving the scene of a fatal accident, and three misdemeanors, two related to marijuana possession and one for leaving an accident scene involving property damage. At the time of the collision that killed Landers, Christo's blood alcohol level was almost three times the legal limit.

Types of Criminal DUI Charges in Florida
In Florida, like in all states since 2011, a driver over 21 years of age is guilty of DUI if he or she has a blood alcohol level of 0.08% or higher. The precise nature of the criminal charge can depend on both the driver's history and the results of the DUI incident. A few key types of criminal drunk driving violations in Florida include:

• First time offense - This applies to a driver who was not involved in an accident and has no prior DUIs. This is typically charged as a misdemeanor.


• Second or Subsequent offense - Penalties climb for drivers convicted of repeat DUI offenses.


• DUI with Property Damage or Bodily Injury - These are enhanced charges with enhanced penalties.


• Felony DUI (without accident) - The charge typically rises to a felony level if the driver is charged with a third DUI in a ten year period or a total of four or more DUIs in a lifetime.


• Felony DUI with Serious Bodily Injury, Manslaughter or Homicide - A DUI may also rise to the level of a felony when it results in serious bodily injury. A felony charge for DUI manslaughter applies when the impaired driver causes death. The charge rises to homicide if the driver acted recklessly. These charges can both be enhanced if the driver leaves the scene of the crash.

These different levels of DUI crimes carry increasing punishments including longer jail terms, harsher fines and financial penalties, and longer or permanent license suspension. In some cases, including for certain first offenses, a judge may also require a driver to install an ignition interlock for a period of time. This is a small unit that prevents a driver from starting a vehicle if it detects a set level of alcohol on a breath test.

Civil Law Firm for Panama City DUI Victims
As stated earlier in this entry and in prior blog discussions, the civil system is separate from the criminal courts. A victim injured by another driver may have a viable civil claim even where the defendant's blood alcohol level is below the legal limit (or, of course, if a defendant was negligent despite being unimpaired) or where the prosecutor declines to file criminal charges. While not necessary for a civil plaintiff to succeed, a criminal conviction can be useful in a victim's civil case and may also encourage a defendant to settle a civil claim. Importantly, the standard of proof is lower in civil courts, with a criminal conviction requiring evidence "beyond a reasonable doubt" while a civil verdict only requires a "preponderance of the evidence" (i.e. the majority of the evidence favors the plaintiff).

As a Panama City personal injury attorney, Wes Pitman understands the interplay between the criminal and civil system. He has devoted his career to civil practice in order to help injured victims (and the families of those who lost their lives) recover monetary damages that allow them to move forward after a tragic incident. Along with his team, he is committed to ensuring every client understands how the law applies to his/her unique case and to guiding each client through the legal process. Please call to arrange a free consultation.

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Understanding BAC in the Wake of Panama City Beach DUI Fatality

Before the Party: The Drunk Driving Stats We Hope Will Keep You Safe

(Photo by Ryan Gageler)

It feels a bit cliché to write a post on New Years' Eve about the dangers of drinking and driving. In an ideal world, it would never be an issue because people would take the responsibility of driving seriously and would not drive while impaired. In this ideal world, our Panama City accident lawyer would not see innocent victims who are facing life-long, life-altering injuries because of a drunk driver. Our team would not need to protect the grieving family members who lost a loved one, because their loved one would be alive and well had the other driver taken a cab. However, this is not an ideal world. While New Years' Eve is actually not the most dangerous holiday for drivers, Thanksgiving actually holds that title according to the National Highway Traffic Safety Administration ("NHTSA"), it is still a night associated with late-night parties and copious drinking. So, we feel it is still important to talk about drunk driving before the parties kick-off later this evening.

We've certainly talked about drunk driving on the blog before. In preparing this post, we looked for the right statistic that might convince someone to rethink stepping behind the wheel while impaired. Mothers Against Drunk Driving regularly sends out tweets on DUI matters and these are just some of the drunk driving statistics that caught our attention. To ensure clarity of source, we will first state and boldface the MADD stat and then include our own in plain type after a dash.

• Every day, 27 people die in America due to drunk driving crashes (per NHTSA's data set). Car collisions are the leading cause of teen death, with about 1/3 of the accidents having been alcohol related. ¬- And each of those people left behind grieving family and friends, not to mention to reality of final expenses.


• In 2010, according to the FBI, more than 1.41 million drivers were arrested for DUIs involving alcohol or narcotic drugs. Another study, by the CDC, found 112 million instances of an adult drinking too much and then driving in 2010; this translates to approximately 300,000 occurrences of drinking and driving every day. - These numbers represent millions of accidents waiting to happen, plenty of minor crashes but also many catastrophic accidents ending in permanent injury or death.


• 211 children died in drunk driving crashes in 2010. 131 of the dead children had been a passenger in the drunk driver's car. ¬- Think about the latter part of that sentence. 131 of the lives lost were children riding with a drunk parent or a drunk friend when they died. Consider your own behavior and get to know your kids' friends.


• According to an NHTSA study, 1/3 of all drivers charged or convicted with a DUI are repeat offenders. -- It seems to us that some people do not intend to stop until they hurt someone and it is heartbreaking to work with a parent who lost a child and then learns the driver that caused the crash had prior DUIs. Civil courts find this similarly disturbing, which may factor into a damage award.


• Alcohol is metabolized over time, a process complicated when someone drinks quickly. Only time can sober someone up. Coffee, exercise, or a shower are useless for sobering someone up faster. - People are often under the influence for longer than they realize. Someone who didn't get home till the wee hours of the morning after drinking might still be impaired when it is time to drive to work. Coffee might make him an alert drunk, but he's still drunk. And still a danger.


• Drunk driving costs our nation approximately $132 billion annually, per the NHTSA's data. - This doesn't include the intangible loss to families, communities, and society as a whole. It is vital that the civil court system properly helps victims to recover damages from the drunk driver whose actions caused the loss


• According to the NHTSA, 9,878 people died in drunk driving incidents in 2011. - Too many families are left grieving, often mourning their loved one at the same time they face increasing financial burdens due to medical bills, final expenses, and lost income. We can help these people. We are proud of helping these drunk driving victims in Panama City and throughout Northwest Florida. But it would be such a better world if this group didn't exist and no one was left mourning a life lost to a drunk driver.

We wish you and yours a happy, healthy, and safe 2013.

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A Northwest Florida DUI Case with a Twist

Florida Eyes Tougher DUI Penalties

(Photo by Paloma A. Rojas)

We all know that drugs are dangerous. While the danger to the user is discussed beginning in the elementary school classroom, people sometimes fail to recognize the danger that illegal drugs in Panama City and throughout our region can have on innocent by-standers. From manufacturing to distribution to active use, the use of substances like methamphetamine are particularly concerning because they can impact the life of any member of our community. Drugged driving is only one of the ways drug use can lead to a devastating injury

Guilty Verdict in Panama City Meth Case
The News Herald recently updated its readers on the outcome of a federal trial involving methamphetamine. According to the charges, twenty-four year old Sara Mari Hoehn and twenty-six year old Sean Lamar Rainer, both of Panama City, conspired to manufacture and distribute in excess of 500 grams of the drug in September 2011. Evidence presented at trial showed the pair built a "shake and bake" methamphetamine laboratory based out of a room at the Panama City Microtel Inn and Suites. When police entered the room, they also observed a .22 caliber handgun and 12-guage Remington sawed-off shotgun.

This week, the federal jury convicted Hoehn on counts including conspiracy to manufacture over 500 grams of methamphetamine, the manufacture of the same, and possession of a sawed-off shotgun used to further a drug-trafficking offense. As provided by minimum mandatory sentencing rules for the drug charges, Hoehn faces ten years to life in prison, a maximum fine of $10,000,000, and a minimum of five years of supervised release. For the gun crime, she faces an additional ten year prison sentence (to run concurrently to the drug sentence), a fine of up to $250,000, and the possibly up to three years of supervised release. Rainer pled guilty to similar charges in February and will face a similar sentence.

The Dangers of Drug Use to Innocent Bystanders
Contrary to what some users would have others believe, drug use is not a victimless crime. The manufacture and distribution of illegal drugs involves a complex world of violence that all too often spills over into innocent lives. Additionally, users often become so desperate for a high that they commit criminal acts in order to fund their habit. Methamphetamine creates a particular danger because some methods of production, including the "shake and bake" style lab involved in the Hoehn case, involve a high potential for explosions and fires (see the blog entries listed below for more detail).

An added danger arises when a user gets behind the wheel of a car. As noted by the National Institute on Drug Abuse ("NIDA"), "Drugged driving is a public health concern because it puts not only the driver at risk but also passengers and others who share the road." The group, which is a component of the National Institutes of Health ("NIH"), notes that specific efforts by government and private groups have led to a greater awareness about drunk driving and a decline in related injuries and deaths, but that the nation needs a similar understanding of the danger of drugged driving.

Florida Drugged Driving Law & The Rights of Victims Injured by Illegal Drug Use
Across the nation, criminal laws on drugged driving have lagged behind drunk driving enforcement efforts. Factors involved in this lag include technological limitations on testing, the ability of some drugs to linger in the system for a longer period, and the lack of consensus on what level of use constitutes impairment. A driver is guilty of a drug-related DUI if the driver's normal facilities are impaired by the drug use. This is hardly as clear-cut as the 0.08 BAC limit that triggers a drunk driving charge (although technically a criminal charge could flow from a lower BAC if it impairs function).

While the criminal law is fuzzy at best, a civil suit can bring justice to a victim injured by a drugged driver. The burden of proof in a civil suit is lower than that in a criminal trial and only a civil suit focuses on compensating the victim. In addition to representing those injured by a Panama City drugged driving accident, our team is also prepared to help victims injured by other drug-related incidents such as someone hurt in a fire sparked by a meth lab explosion. Please call for a free consultation. We can help you get money damages and the justice you deserve.

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Fire and Explosion in Fort Walton Beach Traced to Methamphetamine

Recent Bust Serves as a Reminder of the Dangers of Methamphetamine Use and Manufacture

Having just come through several days of rain and wind, nothing like what the Weather Channel, as always, dramatizes as something that's about to kill us, let's take a holiday from the usual heavy legal topic.

I want you to consider some truly unique legal cases. For example, there's the case of the man who stole marijuana from cops, because he said it smelled so good. The Pennsylvania man was with the police to give information about another crime. The cash crop happened to be sitting on a desk. He couldn't resist it's smell, so he grabbed it. They grabbed him, and the rest is history. Then, there was the case of the drunk driver and his passenger. When pulled over, they decided to switch seats to protect the driver from a DUI charge. But the one who climbed into the seat was, guess what, DUI, too. The officer clearly saw them change seats, so he gave a Breathalyzer test to both. The one who climbed into the driver's seat was nearly twice as drunk as the original driver. The officer made a double play and jailed both.

A New Yorker broke up with his girlfriend who moved to California. They shared a half pug, half beagle. The guy claimed the dog was like a son to him which raises the question of who the mother was. He's now spent over sixty thousand dollars in the custody battle. Maybe the pug half can live in New York and the beagle half in California without any more money being spent. On the serious side, this is a good example of custody battles being more commonly fought over animals in the courts these days. Each dog to his own.

Back on the crime scene, a pair of armed robbers hit an internet café. They first signed in and rented two computers. They got up to pay their bill, pulled out their handguns, took the contents of the cash register, and fled on a motorcycle. The rookie robbers, though, forgot to log out of Facebook. You can guess the rest.

Continue reading "Unique Legal Cases" »

As your Panama City DUI accident law firm, we know that tragedies involving drivers who got behind the wheel after consuming alcohol are all too common. It seems like every week the story of a collision stemming from drinking and driving appears in local news outlets. We also know that for every driver apprehended and charged with DUI, there are many more who took the risks and had close call that could have resulted in a tragic outcome.

Since the stories appear often, sometimes it takes a unique spin on driving while intoxicated to capture public attention. Such a story developed on Wednesday July 11 in Walton County and was covered by reporters at WJGH. Twenty-six year old Britney Michelle Simpson was visiting our area from her home in Warner Robbins, Georgia. She was staying with her boyfriend at the home of the boyfriend's brother. Simpson got into an argument with the brother and she wanted to leave the residence in her own vehicle. The man denied her access to her keys because she was intoxicated at the time. Not ready to give up, Simpson searched and found a set of keys to her host's vehicle. She entered the vehicle and began driving away.

The twist? Her boyfriend's brother is an investigator with the Walton County Sheriff's office. By the time she took the car, the brother had left the home. As Simpson drove away, her boyfriend tried to stop her and reminded her that she was taking a sheriff's office vehicle. Simpson, who was still intoxicated, replied that she did not care. Not long after, the investigator, presumably notified of the development by his brother, reported that his agency vehicle had been stolen.

Operating on the belief that Simpson was heading for the Destin area, other law enforcement agencies were contacted and asked to look out for the vehicle and set up checkpoints. However, Simpson returned to the residence about twenty minutes after she had left. She dropped off the agency vehicle and got in her own car. It isn't clear how she had gotten the keys that were taken away before, but Simpson started to leave again. She was stopped just a short distance from the investigator's residence. A deputy arrested Simpson on charges of driving under the influence and grand theft auto. She is currently being held at Walton County Jail with a bond set at ten thousand dollars.

While this story is somewhat amusing, it is important to remember that driving under the influence is a very serious matter. According to a report from National Highway Traffic Safety Administration, Florida saw 2,445 alcohol-impaired-driving fatalities in 2010. While this represented 115 less deaths than seen in the state in 2009, making Florida one of five states with a triple digit drop, it is still way too high. It also does not take into account DUI accidents that led to serious, often life-changing, injuries.

If a Panama City drunk driver took the life of someone you loved, or caused an injured to you or a close relative, please call our law firm. We are here to help.

For additional information on drunk driving, see the Center for Disease Control's Impaired Driving page. For a review of DUI laws in Florida, see the State of Florida's DUI and Administrative Suspension Laws website.

Panama City drunk driving accidents happen all too often. Our region is known as a bustling and vibrant community but, sadly, not all residents and visitors act responsibly when celebrating. As a Panama City auto accident law firm, we see the tragic outcomes of drinking and driving, and we applaud law enforcement efforts to crack down on dangerous behavior.

According to a national database, in 2008 there were 58,824 arrests in Florida for drunk driving, an increase of over 3,000 arrests from 2007. The year 2008 also saw 826 fatal accidents in which at least one of the drivers recorded a blood alcohol concentration at or above 0.08%. These accidents resulted in 917 deaths. Approximately 200 additional deaths involved drivers with blood alcohol levels between 0.01% and 0.07%. In 2008, Florida saw 1,041 traffic deaths involving a driver with a blood alcohol concentration about 0.01%, including 875 fatalities where a driver had a blood alcohol concentration at 0.08% or above.

According to WJGH, the state is considering adding to the penalties for individuals convicted of driving under the influence. A DUI-related bill unanimously passed the House Economic Affairs Committee on Wednesday. The measure would require anyone convicted of a DUI to install an ignition interlock device on their vehicle. Currently the device is only required for first-offenders if they are either involved in an alcohol-related accident, convicted of a DUI while a minor is in the vehicle, or whose DUI charge involved a blood alcohol concentration over 0.15%. The current law does mandate the device for all second (or subsequent) offenses. Interlock requirements generally come into play when the offender's license has been restored after a mandatory license suspension, usually at least 180 days. If passed, the new law would require even first-time offenders to install the device for at least three months. The bill will now go to the state's Senate Criminal Justice Committee.

In order to start a car equipped with an interlock device, the driver needs to breathe into a tube. The vehicle will not start if a set, low level of alcohol is detected. In order to prevent another person from starting the car for an impaired driver, the device periodically requires an additional breath sample. If this is not provided, or if the sample exceeds the very minimal pre-programmed blood alcohol level, the device will log the event and may cause the lights to flash or horn to sound until the ignition is shut off. Installing the device can cost between fifty and two hundred dollars and there is a continuing charge of between fifty and one hundred dollars per month for the duration of the interlock order.

Serving as a Panama City car accident lawyers, we see all too many lives impacted by Northern Florida auto accidents. We understand efforts to decrease offenses, including the use of interlock devices to ensure those convicted of a DUI do not even have the opportunity to reoffend. We hope Florida will continue to protect the public by treating drunk driving as a serious and dangerous offense

See Related Blog Posts:

Dangers of Driving While Under the Influence in Panama City

Don't Let Your Friends Drive Drunk

(Photo courtesy of woodleywonderworks)