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December 2014 Archives

New truck driver fatigue rules are suspended

The health of the economy in Brevard County and throughout the nation is very much tied to the transportation of commerce. Partly because of this importance, truck drivers are under tremendous pressure to transport produce and goods over long distances in a short amount of time. Unfortunately, when truck drivers are up against a tight deadline, they may be compelled to hit the road when they have not had adequate rest. Truck driver fatigue can lead to accidents, and truck accidents can be deadly to others on the road.

Head-on collision kills three adults and one child

In Brevard County, a car accident can do an untold amount of damage to an individual and families. These injuries and fatalities are increasingly possible when there is a head-on collision. Regardless of the circumstances, motor vehicle accidents place numerous people in jeopardy and may happen without warning for a variety of reasons. Those who have been affected by a car accident need to understand what they should do after it happens.

RIGHTS ONLY EXIST IF YOU ENFORCE THEM

The Fourth Amendment to the United States Constitution says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  The reference to "persons" protects citizens against unlawful arrests (seizures).  Seems simple enough, unless you've lived in Ohio the last seventeen years.  The Ohio Supreme Court, in Ohio v. Hoffman, discussed a deputy clerk of court (not a judge) who had been signing arrest warrants for the last seventeen years.  This clerk did not review the request for an arrest warrant for probable cause as is required by the Constitution.  In fact, she testified she didn't know what probable cause was!  She said she did not make probable cause determinations because it was not her job to do so.  In a sense, she was correct.  It is a judge's job to make that determination.  The only problem was judges weren't doing their job.  These judges had passed the burden of protecting the constitutional rights of citizens to a deputy court clerk, a person with no legal training and with no authority to issue warrants.  Fortunately, a diligent attorney found out what was happening and got the Ohio Supreme Court to put a stop to it.  The State is fond of telling everyone how it represents "the people."  We defense attorneys actually do the same thing.  We just do it one person at a time.  

Husband and wife die in crash caused by alleged drunk driver

People in Brevard County and across Florida need to be aware of the dangers that can lead to a fatal accident. These accidents can happen at work, when driving, when riding as a passenger, as a pedestrian and in numerous other situations. A common way in which a wrongful death occurs is in motor vehicle accidents. Many of these incidents occur as the result of the carelessness of another person. This is the case when a drunk driver causes a fatal car crash.

The astronomical costs to the nation due to car accidents

People in Florida and throughout the nation need to be cognizant of dangers on the road. Regardless of how cautious a driver is, there are times when an accident is unavoidable. These can occur for a multitude of reasons and cost significant amounts of money to those who have been involved. They can even end up costing money for those who are not involved in the accident, but must bear the brunt of increased ancillary costs from these crashes. A study from the National Highway Traffic Safety Administration (NHTSA) shows that the aftermath of a car accident has both economic and societal impact.