Florida

Published on: November 21, 2017

Garvin Injury Law listed among “Best Law Firms” by U.S News & World Report

Attorneys Leland and Jeff Garvin

The Garvin Injury Law is proud to have been listed in the 2018 U.S. News & World Report Best Lawyers “Best Law Firms” list. In addition, Founding Partner Jeffrey R. Garvin has been recognized as the 2018 Fort Myers Lawyer of the Year in the practice area of Personal Injury Litigation – Plaintiffs.

Inclusion in Best Lawyers is based on a rigorous peer-review survey process. No fee or payment to participate is allowed. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Published on: November 1, 2010

Supreme Court Rules No Life Sentences for Florida Juveniles

by Leland Garvin

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole.

In the 6-3 majority opinion, Justice Anthony Kennedy wrote that the Eighth Amendment, which bans cruel and unusual punishment, forbids such sentences. The state must give youths “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation,” Justice Kennedy wrote.

Fort Lauderdale Florida Juvenile Crime Lawyer The case, Graham v. Florida, involved Terrance Graham, who in 2003 robbed a Jacksonville restaurant at age 16 with an accomplice. Sentenced to probation, Graham was arrested a year later for a home invasion robbery and sentenced in 2005 to life in prison for violating probation. The case was argued before the high court in November 2009.

Published on: September 28, 2010

Florida Law Attempts to Reign in Pain Clinics

by Leland Garvin

Nearly two years ago, a post here discussed the growing problem of unregulated pain-management clinics, so-called “pill mills,” and how South Florida – Broward County in particular – was ground zero.

According to the Centers for Disease Control, overdose deaths from painkillers are rivaling the No. 1 killer, traffic accidents. It attributes much of the increase to the overuse of prescription opiates such as OxyContin and Vicodin. In Florida, deaths from prescription-drug use rose from 2,780 in 2006 to 3,750 in 2008 – more than cocaine, according to the Florida Medical Examiners Commission.

You don’t even have to be a doctor to run a pain-management clinic. “You need a background check to get a liquor license — you can’t be a convicted felon and open up a bar — but you can be a convicted felon and open up a pain clinic,” says Broward Sheriff Al Lamberti.

Published on: September 19, 2010

Smile! You’re on Camera Running a Red Light

by Leland Garvin

As of September 8, running a red light at some Broward County intersections will be captured on camera, and subject to a $158 fine.

In May, Gov. Charlie Crist signed HB 325 into law, authorizing local governments to use the cameras as enforcement devices, setting statewide standards and traffic fines for them.

The vehicle owner will receive a citation in the mail, but won’t be issued a traffic violation, so no license points; the owner can appeal the fine. The driver won’t be ticketed for rolling stops, or slowing down and approaching the intersection with caution. Drivers should note, though, that cities have 30 days to send the violations, so you could rack up multiple offenses that all arrive in the mail a month later.

Published on: June 25, 2010

Leland E. Garvin Named to Florida Super Lawyers Rising Stars

by Leland Garvin

Top Young Lawyers in Fort Lauderdale The Garvin Injury Law in proud to announce that Leland E. Garvin has recently been named by Florida Super Lawyers magazine as one of the Top Young Lawyers in Florida for 2010. Only2.5 percent of the lawyers in the state are selected by Super Lawyers for this list.

Each year lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. They are instructed to nominate lawyers they have personally observed in action — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

After these nominations are submitted, the research team at Super Lawyers undertakes an independent evaluation of candidates by the attorney-led research staff along with a good-standing and disciplinary check with the Florida Bar.

Published on: December 2, 2009

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

by Leland Garvin

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: 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: 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: May 22, 2008

Fort Myers Cocaine Bust: VIDEO, Lee County Sheriff Mike Scott

by Leland Garvin

Click the link below for a video of what Sheriff Mike Scott is calling the biggest bust in Lee County’s history. Doesn’t look like all that much if you ask me.

http://www.news-press.com/apps/pbcs.dll/article?AID=/20080522/VIDEO/80522074/1085/RSS0110