Florida Personal Injury Lawyer Blog

Published on: December 23, 2010

8 Quick Tips for Avoiding a DUI over the Holiday Season

For the most of us, the possibility of getting a DUI increases during the holidays.

The holidays are a time when we attempt to leave work at work and spend some quality time with the ones we love. The holidays also include parties and a drink or two with old friends.

8 Tips for Avoiding a DUI over the Holiday Season In this post I wanted to pass on a few tips from the trenches during my experience as a prosecutor and now Florida DUI Defense Lawyer.

Published on: December 8, 2010

Jeff Garvin Selected as Fort Myers Personal Injury Litigator of the Year

by Leland Garvin

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Jeffrey R. Garvin as the “Fort Myers Best Lawyers Personal Injury Litigator of the Year” for 2011.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.” Jeff Garvin Selected as Fort Myers Personal Injury Litigator of the Year

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

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: August 25, 2010

Texting and Driving, Still Legal in Florida

by Leland Garvin

During the 2010 Florida Legislative Session, no less than 17 bills were introduced relating to distracted-driving.

Perusing some of these bills, there’s a sad irony in their fates: All were pronounced dead – like many drivers who took their hands off the wheel and eyes off the road.

This despite the number of organizations supporting bans on texting while driving, from the American Medical Association, Florida Justice Association and chat-show queen Oprah Winfrey to, astonishingly, AT&T. And, of course, the Federal Government.

Published on: August 11, 2010

Florida reinstates parental waivers, but are children protected?

by Leland Garvin

Back in 2008, the Florida Supreme Court ruled against parent liability waivers for a minor participating in activities at a commercial venue.

The wrongful-death case, Scott Corey Kirton v. Jordan Fields, involved 14-year-old Christopher Jones, killed in 2003 while riding an all-terrain vehicle at Thunder Cross Motor Sports Park in Okeechobee. His father had signed a risk and liability waiver as the facility required.

The high court’s ruling said the state had no statute supporting the waivers – and that wider public concerns cannot allow parents to waive the rights of minors to legal recourse when injury occurs. The releases served commercial interests more than the child, the court ruled, and the boy’s family was allowed to sue the track despite his father having signed the waiver.

Published on: July 27, 2010

Florida’s New ‘Bong Bill’ Becomes Law, But Will it Have Any Effect?

by Leland Garvin

Where there’s smoke, there’s fire, say victorious supporters of Florida House Bill 187, the so-called “Bong Bill.” Their theory: fewer available smoking implements mean less firing up.

The new law, which passed the state Senate (SB 366) and House in April during the 2010 Legislative Session, went into effect July 1 and bans the sale of most “smoking devices” by businesses that don’t derive at least 75 percent of their income from tobacco sales, or make more than 25 percent from selling the prohibited items. Violators could be sentenced to a year in jail.

Fort Lauderdale Marijuana Defense Lawyer Speaks on Florida's New Bong Law The second time was the charm for main bill sponsor Rep. Darryl Rouson, D-St. Petersburg, who also brought up the proposal in the House last year. Rouson said he championed the bill, which will also raise the tax on pipes and other paraphernalia, as a means of curbing drug use.

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: June 11, 2010

Come See Our New Fort Lauderdale Law Office

by Leland Garvin

The Fort Lauderdale office of the Garvin Injury Law is pleased to announce the successful transition to our new location: 642 Northeast 3rd avenue, Fort Lauderdale, Florida 33304.

Our new office is conveniently located in downtown Ft. Lauderdale, just north of the Federal Courthouse on 3rd Avenue.

Prior to the renovation, this building was occupied by the City of Fort Lauderdale Police Department Internal Affairs. Our new office building allows us to better serve our clients as it is not only more accessible and spacious, is also outfitted with the latest advances in legal technology.

Florida Personal Injury Law Blog