No-refusal strategy aims to reduce drunk driving car accidents from Fort Pierce to Fort Lauderdale

December 31, 2010 by Dean H. Freeman

Drunk driving remains one of the leading causes of traffic accidents across the United States so the crackdown on driving under the influence is warranted, especially this time of the year.

Before you take your first drink at your New Year's Eve party this weekend, have a plan in place on how you are getting home. Our Fort Pierce car accident attorneys would all agree, it’s a bad move to drink and drive this weekend with enhanced patrolling and increased check points.
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The National Highway Traffic Safety Administration using the Fatality Analysis Reporting System (FARS) reported that in 2009, there were a total of 156 fatalities from crashes involving a blood alcohol content (BAC) of .08 or higher on New Year's Eve and New Year's Day.

Florida, ranked third among all states in fatalities, reported a total of 17 on these two holidays alone when blood alcohol was tested and recorded over the legal limit.

Earlier this month, US Transportation Secretary, Ray LaHood, offered a new strategy to help minimize drunk driving this holiday season. The NHTSA proposes a No Refusal strategy that numerous states are using to cut down drinking and driving. The premise is that judges will remain on call to issue warrants immediately when police officials call and need a blood test due to the fact that the DUI suspect refused a breathalyzer test. Florida drivers refuse breathalyzer tests 40% of the time which is third behind New Hampshire and Massachusetts. Florida is one of a handful of states utilizing the "No Refusal" plan in hopes of getting more drunk drivers off the streets quicker to keep the roadways safer for everyone else.

If you are hosting a New Year's Eve party – don't play a role in irresponsible behavior. The following are things you can do to make sure your guests get home safely:

-Have a key box at the door that keys get dropped into when guest arrives.

-Have plenty of soda and water available all evening located throughout the house so it's available to everyone at all times.

-Refrain from playing games that involve excessive alcohol consumption.

-Prepare for guests to stay over by having plenty of bedding available to make up beds or sleeping areas in each room if needed.

-If someone is showing signs of intoxication, do not allow them to leave unless they are being driven home.

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Car accidents a danger for teenagers from Fort Pierce to Fort Lauderdale this holiday season

December 23, 2010 by Dean H. Freeman

Parents find their teens acquiring a license to drive a bitter sweet occasion. Though they no longer have the added pressure of pick-ups and drop-offs their worry now changes to the safety of their teens on roadways. The inexperience new drivers possess can often lead to Fort Lauderdale car accidents.

The Sun Sentinel reported last month that fewer 16 year olds are getting their drivers licenses. This could be due to a couple of reasons. Texting and the use of Facebook keeps teens in much more frequent contact so seeing each other face to face is no longer as important. Another reason for not wanting to drive is that owning a car can be quite expensive with the price of gas and high insurance costs, particularly in this economy.
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According to the Florida Highway Safety and Division of Motor Vehicles Florida has almost 773,000 teen drivers. They acknowledge that the teen age group has the highest accident rate. There were almost 30,000 crashes involving teen drivers resulting in 284 deaths last year. There were 21% fewer teen crash fatalities from 2008 to 2009 and 8% fewer teen crashes.

Sadly, this teen car crash reported by The Gainesville Sun took the life of a 16 year old boy because he was reaching for a dropped cell phone while he was driving.

If teens can eliminate some of the following driving distractions, more lives might be saved:

-Put the cell phone out of arms reach so if it rings there is no temptation to answer or respond.

-Wait for a traffic light or stop sign to adjust any controls. You can also get the controls right before heading out on the road.

-Don’t eat when you are driving. Ask yourself if a dropped French fry is really worth dying for?

-The car is no place to be grooming. Finish before you leave or when you arrive at your destination.

-If you aren’t sure where you are going pull over instead of concentrating on the GPS.

-Concentrating on driving is easier done when you are alone. Don’t drive with friends in the car.

Continue reading " Car accidents a danger for teenagers from Fort Pierce to Fort Lauderdale this holiday season " »

Holidays increase risk of drunk driving accidents in Fort Lauderdale, West Palm Beach

December 21, 2010 by Dean H. Freeman

Making a choice to drive under the influence is something that happens on a daily basis across the United States. Our Fort Lauderdale car accident lawyers are well aware that the costs outweigh the rewards when it comes to making these decisions to drive under the influence.

Please be responsible over the holidays and reduce the risk for you and your family, as well as other motorists on the road.
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The National Highway Traffic Safety Administration reported 11,773 fatalities in 2008 involving a driver having a Blood Alcohol Content of .08 or higher. This equated to 32% of the total fatalities for the year in the U.S. Though down substantially, last year the NHTSA reported 9,211 fatalities with the same .08 or higher BAC. In 2009, Florida reported 743 fatalities caused by a driver involved in the accident having a BAC of .08 or higher.

In 2008, there were 1,347 children (ages 14 and younger) who lost their lives in traffic crashes nationwide. Sadly, 99 children were killed because the driver of the vehicle they were in was driving drunk (BAC .08 or higher). Another 34 children were killed because a drunk driver hit them while walking or riding their bike.

The NHTSA found that a fatal alcohol impaired crash is four times more likely to happen at night then during the day. A driver who is alcohol impaired is two times more likely to be in a fatal crash on the weekend than during the week. The worst age group for drivers having fatal alcohol crashes is 21 to 24. A BAC of .16 was most the common level for drunk drivers in fatal crashes but 57% had a BAC of .15 or higher.

In Florida for 2008 there were 2,978 traffic fatalities.

-29% had a driver with a BAC of .08 or higher.

-20% had a driver with a BAC of .15 or higher.

Mother’s Against Drunk Driving ranks Florida as the 18th safest state. Let’s try to improve on that by following these simple tips:

-If you are going to drink appoint a sober driver.

-If you drink too much and one can come and get you, stay the night or call a cab.

-If you see someone else is drunk, take their keys.

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Teen drivers at high risk of Fort Lauderdale car accidents this holiday

December 18, 2010 by Dean H. Freeman

We often preach to our teens about everything from how to keep their rooms clean to keeping up with their school work so they can get into a good college. During the holidays, it might be a good time to preach to them about the dangers of driving during this time of year. Educating your teens on driving dangers could help reduce the risk of Fort Lauderdale car accidents.

The National Safety Council is proud to announce that they are teaming up with The Allstate Foundation to support teen driving safety in an effort to reduce traffic fatalities for the younger age group.
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“While our roads have never been safer, car crashes remain the No. 1 killer of all people from 1 to 34 years old, with teens crashing four times more often than any other age group. We must act now to create new social norms behind the wheel starting first with our youngest drivers,” said Joan H. Walker, senior vice president, Allstate Insurance Co. “With its long legacy of building safety coalitions, NSC is the ideal organization to lead new state efforts to change the teen driving culture.”

Approximately 3,500 teens were killed in car crashes in 2009, four times as many as any other age group. The Allstate Foundation will be helping fund a new program that will be focused on teens being safer drivers as well as changing their attitudes and behavior about driving. Florida is one of 10 states who will receive funding to form alliances whose first effort will be to study teen crash data followed by going out and educating families through a number of sources. The NSC will use the funding to develop a strategy and find solutions for safer teen driving.

“Funding from The Allstate Foundation allows NSC to develop a coordinated strategy for building effective state coalitions,” said Janet Froetscher, NSC president and CEO. “The coalitions will mobilize state leaders to find unique solutions to the teen driving issue and save young lives for generations to come.”

The Florida Sheriffs Association is also doing their part. They are promoting the teen driver challenge in an effort to save the younger generation of drivers. The twelve hour program educates and offers a practical approach to reduce the chances of an accident and is free of charge to students.

If your teen is driving, especially in their first year, you may want to talk to them about the following safety tips:

-Always adjust your seat and mirror and fasten your seat belt before starting the vehicle.

-Stop completely at stop signs and red lights by slowly coming to a stop.

-When putting the vehicle in reverse or changing lanes, turn your head to look rather than rely on a mirror to indicate it's safe.

-Leave all tangible distractions like cell phones, IPods, or food out of reach. It would even better to leave them all home.

The best way to educate your teen is by example. Use precautionary measures and good driving behavior so that the teen knows the proper way of handling the vehicle and how to react in different situations.

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Red-light runners a leading cause of accidents in West Palm Beach, surrounding area

December 16, 2010 by Dean H. Freeman

Red-light runners come by the dozen because everyone is in such a rush these days. The problem with red-light runners is they are endangering the safety of themselves and others and they are a leading cause of car accidents in West Palm Beach, Fort Lauderdale and the surrounding area.

Our St. Lucie accident attorneys wish each of you a safe and enjoyable holiday season. And we urge you to avoid running red lights or engaging in other risky driving behavior that can ruin the holidays for you, your family, or someone else.
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The Sun Sentinel reported over the summer red light cameras were installed at nine busy Fort Lauderdale intersections. Motorists prior to September were getting courtesy warnings. Beginning September 1st fines in the amount of $158 were going to start being issued.

City police were concerned about the number of fatal intersection crashes. Fort Lauderdale had 26 deaths at intersections between 2004 and 2009. Now there are signs that let motorists know that the cameras are in operation 24/7.

Not all communities are in favor of red light cameras according to an article in the Palm Beach Post. The Village of Royal Palm Beach has had two cameras operating since last November. Up to this point only warnings had been issued and last month at a meeting the council members voted against charging a $158 fine for red light runners. Members were not convinced that the cameras made the intersections safer. The cameras are still installed and working but no one is looking at the information. At some point the cameras will be taken down.

Whether cameras make intersections safer has been widely debated. An article for AOL Auto summarizes the answer – yes, no, depends and maybe. Some studies show that T-bone accidents decrease, but rear end accidents increase. Though severe injuries that result from T-bone crashes go down, the actual number of injuries goes up from the rear end accidents as people slam on their brakes at the last second to avoid getting a ticket.

The National Highway Traffic Safety Administration reports statewide, the number of fatalities at intersections is at a five year low at 758. The high during that span was in 2006 when there were 1,060 fatalities.

Still, those statistics mean about one-third of all Florida traffic fatalities occur at an intersection, most often because someone failed to obey the signal.

Traffic signals are designed to give us plenty of distance to stop safely when it is changing from green to red. If drivers are traveling at the posted speed limit they should have plenty of time to stop. Speeding fatalities have not changed much in the last five years averaging over 600 per year. But maybe the installation of red-light cameras will begin to show some positive results in the future.

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View of safe driving habits offers peak into risk of car accidents in Fort Lauderdale, West Palm

December 14, 2010 by Dean H. Freeman

The best way to learn about driver's view of their safety behind the wheel is to ask them. The annual results offer a revealing look into the opinions drivers hold about the leading traffic safety issues of the day. Taken together, these issues are responsible for the vast majority of crashes handled by car accident lawyers from St. Lucie to Fort Lauderdale.

The AAA Foundation for Traffic Safety has issued its 2010 Traffic Safety Culture Index report for the third consecutive year. The information for this report was gathered from May 11th through June 7th via cell phone and landline phone interviews (offering Spanish or English dictation) with 2,000 people ages 16 and older.
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Some points of interest found in the report were the following:

-Half the respondents said they have been in a severe crash or knows a friend or family member that has been in a bad crash or killed in a crash.

-Over 50% of the drivers said they don't feel as safe as they did 5 years ago. This is a 17% increase from last year. The main reason that over 50% said that was due to others distracted driving habits.

-All respondents feel that drinking and driving is very dangerous, and 2 out of 3 support first time DWI offenders getting alcohol ignition interlock devices on their vehicles.

-Over 72% polled said not wearing a seat belt is totally unacceptable. In addition, 66% said that not wearing one should be a primary reason for police to pull vehicles over and issue a ticket. Sadly 10% of respondents offered that they are guilty quite often of not wearing a seat belt.

-Drivers overwhelmingly thought that drowsy driving was totally unacceptable but over 25% of the respondents said they had driven drowsy in the last 30 days.

-Respondents said that texting (96%) or talking on their cell phones (88%) was a serious threat to their personal safety. However 69% of drivers talk on their cell phones while driving and 24% admitted to texting while driving. Of those polled 46% would support a ban on all cell phone use while driving.

-Driving 15 mph over the speed limit on a highway was acceptable to 33% of drivers. However, speeding in a residential area was overwhelmingly unacceptable. 69% of drivers thought having more police monitoring our speed was acceptable.

-Red light running is unacceptable to 93% of drivers polled. But 34% admitted to doing in the past 30 days.

No matter what your concerns for safety are as a driver, you can only control your behavior. Doing your part in driving safely is the first step to safer roadways. You could do worse than making a New Year's resolution to avoid these poor driving habits in 2011.

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Older Driver Safety week highlights risks of car accidents involving seniors from Fort Lauderdale to Fort Pierce

December 10, 2010 by Dean H. Freeman

In support of Older Driver Safety Awareness Week, West Palm Beach car accident attorneys want to take time to remind you to be patient to other vehicles on the roadways, especially if they are occupied by elderly drivers.

Florida has mandatory laws for elderly drivers. Caring.com points out that once you turn 80 you must start getting a vision test every year in order to maintain a driver's license. It's standard for all drivers to renew their license every 4-6 years in which a vision, written, or road test may be required if they show signs of mental or physical anguish.
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According to the National Highway Traffic Safety Administration, in 2008 elderly drivers made up for 15% of traffic fatalities, and 18% of pedestrian fatalities. Elderly is classified as people who are 65 and over which made up 13% of the total population in 2008. Florida reported 474 (or 11.2%) fatal crashes in 2008 involving drivers age 65 and over which was the most in any state.

The report showed that older drivers are less likely to drive intoxicated, or not wear their seat belts than younger drivers, or the fatality rate would likely be much higher.

The National Safety Council is promoting this week as Older Driver Safety Awareness Week. In an effort to promote safety they give the following tips when it comes to assessing an elderly driver:

-Check the vehicle they drive for dents and scratches to see if you find any indications of an accident or bumping into other obstacles likes trees or garage doors.

-Suggest going for a drive with them and see if they hesitate to get in the car and drive.

-Create several opportunities to ride with them so you can observe their reaction time and awareness to things around them.

-Don't be afraid to ask other friends or family members if they have noticed erratic or dangerous driving behaviors when riding with the elderly person.

-Talk to the elderly driver about how they feel when they are driving in the car – stressed, impatient, hesitant, angry, etc.

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Tourist season dangerous time for bicycle accidents in Fort Pierce, West Palm Beach

December 9, 2010 by Dean H. Freeman

Florida has the unfortunate distinction of reporting more fatal bicycle accidents each year than anywhere else in America. With Palm Beach, Broward and Miami-Dade consistently reporting more accidents than anywhere else in the state, the winter tourist season is a dangerous time for bicycle accidents in Port St. Lucie, Fort Lauderdale and the surrounding areas.

The Palm Beach Post recently reported that Segway rentals are also becoming more popular with tourists and can lead to Segway accidents. Whether Segways or bicycles, riders are at increased risk during the busy winter tourism season.
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The National Highway Traffic Safety Administration reports that 716 riders were killed in bicycle accidents in 2008 and more than 53,000 were injured. About 1 in 6 of those accidents occurred in Florida, where bicycle accidents claimed 125 lives. California was the only other state that reported more than 100 deaths, with 109 fatal bicycle accidents.

Last year, 8,000 children were among the more than 50,000 injured.


Safe Florida bicycling tips include:

-Wear a helmet

-Make sure your bicycle fits you properly and is well-maintained

-Learn and follow the rules of the road

-Be predictable -- act like the driver of a vehicle

-Be visible

-Drive with care and share the road.

-Stay focused and stay alert

Download a safe cycling brochure here.

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Distracted driving and child restraint key contributors to South Florida car accidents

December 9, 2010 by Dean H. Freeman

Given the nature of our work, the West Palm Beach car accident attorneys at Freeman & Mallard frequently post reports about motor vehicle and highway safety tips and trends on our Fort Lauderdale Car Accident Attorney blog. With this in mind, we share changes to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements. Our goal is to educate and empower drivers wanting to avoid a South Florida car accident.

Concerns addressed on the NTSB’s “most wanted” list range from motorcycle safety (improved namely through universal, mandatory, helmet laws) to improved child occupant protection. The NTSB would also like to see more drivers and passengers buckling-up before hitting the road and younger drivers more actively participating in graduated licensing programs. While driver distractions – such as using a cell phone, eating, applying makeup, or disciplining the unrestrained family pet – are behaviors all drivers should avoid, younger drivers are much more likely to pay with their lives than older, more experienced, motorists.
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With that said, Florida is one of just 19 states that has imposed no restrictions on cell phone use for drivers, young or mature, and is one of only three states without a booster seat law. Both issues – driver distraction and seat belt use – are considered significant factors in serious and fatal South Florida car accidents.

According to the NTSB, on average more than 330 children aged 4 to 8 are killed each year in car accidents nationwide. Of those, about 45 percent were unrestrained. Of those who were buckled-up, most were injured or killed because they were using a lap belt or shoulder harness meant for an adult passenger.

In 2009, the Florida Highway Safety and Motor Vehicles reported that 50 percent of children aged 17 younger killed in a fatal Florida car accident were not wearing a safety belt or using a car or booster seat. Tangentially, there were 4 fatalities and 1,532 injuries linked to driver distraction.

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Government pushing seat belt use, enforcement, to reduce serious injuries in Fort Lauderdale car accidents

December 7, 2010 by Dean H. Freeman

The National Highway Traffic Safety Administration reports that tougher seat belt laws and higher fines could reduce the risk associated with serious and fatal accidents nationwide.

Our Port St. Lucie car accidents lawyers have reported on the challenges facing Florida lawmakers. Little has been done in Tallahassee to address distracted driving, drunk driving and seat-belt safety for passengers and small children. As a result, the Sunshine State finds itself falling further and further behind and motorists are at increased risk of serious or fatal injury from car accidents in Fort Lauderdale, West Palm Beach and elsewhere in South Florida.
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"We want everyone to have a safe and happy holiday travel season," said U.S. Transportation Secretary Ray LaHood. "For the sake of your loved ones and everyone else on the road, please remember to buckle up and put away your cell phone every time you get behind the wheel."

Florida is one of a dwindling number of states that has passed no laws regulating text messaging by drivers -- even for teenagers. The National Transportation Safety Board reports it is one of just three states that does not require booster seats for young passengers ages 4 to 8.

Nor is Florida among the 17 states that has passed primary seat-belt enforcement for back-seat passengers. It has no restriction on the number of passengers a teen driver is permitted to have in the vehicle; lacks elements of tougher drunk driving laws and is among about half the nation's state that need to improve motorcycle safety.

The federal government reports upgrading from secondary to primary seat belt enforcement -- in which an officer can stop a vehicle for occupants not wearing seat belts rather than only enforcing the law during traffic stops for other driving infractions -- increases seat belt use by 12 percent. Increasing fines form $25 to $60 increases use by 4 percent, while increasing fines to $100 results in a 7 percent increase in seat belt use.

"Seat belts are the single most protective safety device ever invented for use in vehicles, saving thousands of lives each year. Now our research proves that when states step up sanctions, they’re rewarded with huge improvements in belt use," said NHTSA Administrator David Strickland.

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Heavy traffic, boat parades, increase risk for accidents in Fort Lauderdale and surrounding area

December 6, 2010 by Dean H. Freeman

The Fort Lauderdale injury attorneys and staff at the Law Offices of Freeman & Mallard wish each of you a Merry Christmas, a happy holidays and a safe and enjoyable New Year.

It’s this time of year that Florida becomes alive with the spirit of Christmas -- whether holiday travel, boat parades, or time around the backyard pool with friends and family. We spend almost every weekend enjoying all South Florida has to offer.

In fact, Fort Lauderdale plays host to one of the largest one day event extravaganza’s in the country with Winterfest Boat Parade each year. The event draws thousands to the city, even if it’s for one day, and our Fort Lauderdale accident attorneys know such large gatherings usually pose a risk of accidents for those who participate or attend.

Holiday boat parades are popular all over the state of Florida during the holiday season so safety is a concern whether you are on the boat or just a spectator driving or walking to the event. Due to the growing popularity from recent years there can be up to a million people who attend these events to take in the lights, music, decorations, and entertainment which often extend over a 14 mile stretch.

According to the Fatality Analysis Reporting System used but the National Highway Traffic Safety Administration, December is one of the worst calendar months for traffic fatalities over the last few years in Florida. In fact, last year March was the only other month that accounted for more traffic fatalities than the 548 recorded in December. There may be no direct correlation to holiday parties and parades in December but the number of people attending them certainly enhances the risk of serious injury or fatality to occur.

If you find yourself headed out to attend a holiday parade or gathering this year, the following safety tips could be helpful as a spectator or participant:

-Enjoy the fantastic views but don’t overindulge with too much drinking as driving a vehicle or boat is never safe after alcohol consumption.

-If you step on a parade boat as a spectator or participant you should always make sure you wear a certified life jacket.

-Allow extra time for travel on the highly populated roadways. It’s better to be late than sorry.

-Be courteous to the spectators or participants around you who are enjoying the same décor, no one likes a holiday scrooge.

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December crackdown on impaired driving seeks to reduce risk of car accidents in Fort Pierce, Port St. Lucie

December 4, 2010 by Dean H. Freeman

The Florida Department of Highway Safety and Motor Vehicles is announcing a statewide enforcement effort aimed at drunk and drugged drivers through the New Year.

Our St. Lucie car accident lawyers frequently report on the dangers drunk drivers pose to motorists on the road. Last year, more than 1,000 people were killed in accidents involving alcohol, accounting for more than 40 percent of the traffic deaths in Florida.
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Car accidents in West Palm Beach, Fort Lauderdale and Miami account for more serious and fatal traffic accidents than anywhere else in Florida.

The Christmas and New Year's holiday bring an increased threat of impaired driving crashes. Accordingly, the state has proclaimed December as "National Drunk and Drugged Driving Prevention Month."

“The holiday season is a time to celebrate, and no one should have to suffer the loss of a loved one at the hands of a drunk or drugged driver,” said Lieutenant Governor Jeff Kottkamp. “I am pleased to see our law enforcement agencies and safety advocates taking proactive measures to make the roadways safer for residents and for those visiting the Sunshine State during the holidays.”

For those for whom being involved in a serious or fatal accident is too abstract a concept -- or, worse yet, that it won't happen to them -- the state has a pragmatic reminder that the cost of a DUI conviction frequently exceeds $10,000, including the cost of fines, court fees, attorney fees, increased insurance premiums and time spent in jail or on probation.

Authorities are also warning motorists about the consequences of driving while under the influence of drugs, whether illegal narcotics or prescribed medication.

“As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009,” said Florida Highway Patrol Director, Colonel John Czernis. “The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida’s tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving.”

The Patrol offers the following safe driving tips to prevent drunk or drugged driving in Florida:

-Plan ahead and designate a sober driver.

-Don't let friends drive drunk.

-Be a responsible host.

-Beware of medications and their impact on driving ability.

-Dial *FHP (*347) to report impaired drivers.

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Holiday enforcement efforts aim to reduce car accidents in Fort Lauderdale, Margate, throughout South Florida

December 3, 2010 by Dean H. Freeman

In a glimpse of what motorists can expect for Christmas and New Year's traffic enforcement, the Florida Highway Patrol announced it assisted nearly 4,000 motorists and issued almost 13,000 citations during the Thanksgiving holiday weekend.

As our Fort Lauderdale personal injury lawyers have reported, the holidays bring an increased risk of car accidents in Fort Lauderdale, Margate, West Palm Beach and the surrounding area.
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Authorities will be paying particular attention to drunk driving, speeding, aggressive driving and drivers who are not wearing seat belts or who are disobeying other safety laws. Preliminary results for the Thanksgiving holiday are encouraging: Fatal accidents declined 36 percent to 23 deaths, compared to the 36 motorists who died on Florida roads last year.

“We can attribute part of the significant reduction in fatalities to our efforts to educate the public about Florida traffic laws and to enforce those laws,” said Patrol Col. John Czernis. “The Florida Highway Patrol works hard to ensure residents and visitors make it safely to their destinations. We are very proud of the dedicated service and commitment to highway safety exhibited by our troopers.”

FHP Enforcement Results:

-Motorist Assists: 3,990

-DUI Arrests: 121

-Speeding: 4,921

-Safety Belt Citations: 1,407

-Total Citations: 12,770

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