Florida Personal Injury Lawyer Blog

Published on: December 2, 2009

Tiger Woods and the Importance of the 5th & 6th Amendments

I received a call the other day from a friend who told me that I should write a blog post about the recent Tiger Woods auto accident issue. I was trying to think of what to write and figured that the issue may be a little overexposed, when it came to me. Tiger’s recent “run in” with law gives me the perfect opportunity to point out the importance of the Fifth and even more important Sixth Amendments to the United States Constitution.

The Fifth Amendment reads in part that no person “shall be compelled in any criminal case to be a witness against himself”. In layman’s terms means that you don’t have to talk to law enforcement if the answers to the questions could incriminate you. In Tiger’s case he didn’t make any statements and further he was a no-show at the FHP station (a few times) when he was asked to come in for a physical examination and questioning. Clearly, the Florida Highway Patrol didn’t have much in the way of incriminating evidence (other than for a traffic ticket); but were hoping that Tiger would come in and give them their case on a silver platter. Also, the police wanted to see his injuries and determine if they were “Serious Bodily Injuries” and would thus warrant greater punishment in the State of Florida.

While Tiger’s no-show at the FHP station might have been rude, it just might have saved him his driver’s license or better yet, his clean criminal record. In Florida if a driver is found to be at-fault for causing an auto accident and the injuries are determined to be “Serious”; he or she is at risk of losing their license for a period of 1 year.

Published on: October 8, 2009

Medical Malpractice Recovery Rights for U.S. Soldiers?

by Leland Garvin

The United States House of Representatives yesterday (10/7/09) took action that will hopefully lead to the end of discriminatory treatment of soldiers injured by medical malpractice.

Since the Feres decision by the United States Supreme Court in 1950, soldiers have not been able to bring actions for medical malpractice against the government; this is true irrespective of the level of disregard for their well being. Since the 1950’s untold numbers of soldiers after serving acting duty have been subjected to substandard treatment in military medical facilities. The House Judiciary Committee has now approved the Military Medical Accountability Act which would allow soldiers the same rights as private citizens injured by medical malpractice.

The bill named after Marine Sgt. Carmelo Rodriguez, who served his country with honor for nearly a decade, including a tour of duty in Iraq, and died as a result of preventable medical negligence. A blotch on his buttock went untreated and misdiagnosed multiple times by military doctors. By the time Sgt. Rodriguez learned it was a cancerous melanoma the damage was done. Sgt. Rodriguez, the father of a 7 year old son passed away shortly after a proper diagnosis.

Published on: August 24, 2009

Broward County Judge Throws out DUI Test Results

by Leland Garvin

Last week Broward County Court Judge Lee Jay Seidman concluded a four-day hearing by ruling that the accuracy of many breath tests using the Intoxilyzer 8000 has been “fatally compromised.”

The Intoxilyzer 8000 is the most recent version of a device that is designed to detect the percentage of alcohol in the breath of a suspect who has been arrested upon suspicion of drunk driving; this device is commonly referred to as a breathalyzer. Pursuant to Florida law these machines must be periodically inspected and certified for accuracy by the Florida Department of Law Enforcement.

Previous to this ruling F.D.L.E. inspector, Sandra Vegia, testified that during her inspections of the Intoxilyzer she would commonly cut off the power to the device if it did not meet specifications and then conduct the inspection a second time with the hopes of receiving a passing score.

Published on: August 5, 2009

Southwest Florida Trial Lawyer, Jeffrey Garvin sworn in as FLABOTA President

by Leland Garvin

The Garvin Injury Law is proud to announce that Fort Myers attorney Jeff Garvin was sworn in as President of the Florida Chapter of the American Board of Trial Advocates at its Annual Convention in Longboat Key, Florida on July 25th.

Jeff Garvin Sworn in as FLABOTA President

ABOTA is an invitation only national organization of trial attorneys dedicated to preserving the independence of the judiciary and the right to trial by jury.

At the convention, Mr. Garvin spoke on the topic of the cross examination of expert witnesses.

Published on: June 30, 2009

New Florida Seat Belt Law Goes Into Effect Today – Can you get pulled over?

by Leland Garvin

car accident lawyer We are often asked: “Can you get pulled over for not wearing a seatbelt” or “how much is a ticket for not wearing a seatbelt”- Until recently, our Florida seat belt laws stated that drivers in Florida could only be cited for not wearing seat belts if they were pulled over for something else, such as speeding.

That changed in 2009 with the passage of the Dori Slosberg and Katie Marchetti Safety Belt Law. With the passage of this Florida seat belt law a driver who is not wearing a seat belt can be pulled over and issued a traffic citation for a nonmoving violation.

The state fine for a seatbelt violation will be $35, and each county may impose additional fines and court fees as well. Drivers and passengers who are found in violation of the new law are subject to a $114 fine in Miami-Dade County and $115 fine in Broward County.

Published on: April 29, 2009

Palm Beach Appeals Court Affirms $6.4 Million Verdict in Med Mal Case

by Leland Garvin

Back in June of 2007 attorney Jeff Garvin of Fort Myers and Wilton Strickland of Fort Lauderdale successfully argued that medical malpractice was committed when a Broward County otolaryngologist (ENT) failed to diagnose tongue cancer.

A Broward County Jury awarded the Garvin Injury Law client $6.4 Million Dollars after hearing two weeks of testimony. Garvin argued that the Pembroke Pines Doctor was negligent when he failed to notice several recognizable symptoms of tongue cancer. This argument was strengthened when evidence was presented that the client sought a second opinion and this doctor noticed cancer almost immediately. Unfortunately for the client, the cancer had already spread and required extensive surgery to remove the growth.

After this surgery, which required the removal of most of his tongue, the client was left with a difficulty speaking, can’t swallow, and is forced to eat blended food through a tube in his stomach.

Published on: March 23, 2009

Naples Criminal Defense Lawyer Prepares “Stand Your Ground” Defense after Shooting Death

by Leland Garvin

According to the Collier County Sheriff’s Office, the shooting took place some time after 4 a.m. this past Friday when 44 year-old Sterlin F. Misener Jr confronted 19 year-old Patrick Hutchison after seeing the teen exit a camper that was parked in Misener’s Naples Driveway.

Misener told authorities that he awoke to the sound of a burglar alarm and shortly after saw Hutchinson exit a camper that was parked in his driveway. According to reports, a confrontation began and Misener stated that the teen lunged at him before he fired the fatal shot.

According to Florida Law, if a person has a reasonable belief that they’re in danger of death or great bodily harm, they can legally respond with deadly force. Further, that a person is presumed to have held a reasonable fear of death or great bodily harm if the intruder had forcefully and unlawfully intered a dewlling, residence, or occupied vehicle.

Published on: March 16, 2009

Broward County Sheriff Begins Traffic Ticket Blitz

by Leland Garvin

Starting this morning (3/16/09), Broward Sheriff’s Office deputies and state troopers will be conducting a ticket blitz in western Broward County.

Squads will be on Interstates 75 and 595 and on the Sawgrass Expressway from 8 a.m. to 2 p.m. Monday, Tuesday and Wednesday. On Thursday, the officers will patrol those highways from 2 p.m. to 10 p.m.

The joint operation, which targets aggressive motorists and violators of the “Move Over” law and seatbelt requirement, will continue for four days, according to Sheriff’s Office spokesman Mike Jachles.

Published on: February 2, 2009

Florida Criminal Defense Lawyer Forced To Represent Client?

by Leland Garvin

In any criminal case a defendant is entitled to an attorney even if they cannot afford one; the same defendant is also entitled to an attorney who is free from a potential conflict of interest.

This normally does not create a problem unless there are multiple co-defendants, who cannot afford a private attorney.

Clearly the public defender would be appointed to represent the first defendant, but what about the others? If the public defender’s office represented more than one defendant there could be a conflict of interest. after all, how could the same office be expected to do what is best for each defendant individually. In any criminal case the defense lawyer must look out for his or her client individually; even if that comes at the expense of others charged. The defense attorney must always be able to use the argument: “the other guy did it” or ” the other guy made my client do it”.

Published on: January 14, 2009

Florida Judge Throws Out Over 100 DUI Breath Test Results

by Leland Garvin

A Manatee County Judge ruled that the Breath Test results in over 100 DUI cases are inadmissible at trial.

For the past 3 years, Florida Defense Attorneys have been arguing that breath alcohol results obtained from the “Intoxilyzer 5000” should be suppressed based on the fact that the manufacturer has refused to release the machines source code.

Defense Lawyers have argued that their clients have a right to have DUI experts analyze whether the machines are functioning properly.

Florida Personal Injury Law Blog