Central Florida Beaches and Rip Currents

This Memorial Day weekend in Central Florida was a tragedy for a few families on the beaches of Florida's Eastern Coast.  Three people died after being taken too far offshore due to the rip currents present on the beaches.  More than 500 people had to be rescued as well because of the rip currents taking them out to sea.

Having grown up in Central Florida, I know of the vicious rip currents that are commonplace amongst the beaches of the East Coast of Florida during Late-May to Mid-June.  For those who have never been caught in a rip current, they are very deceiving.  Rip currents, at least as I have experienced, are not violent; they consist of a relatively calm sea chop that causes a person to quickly drift further offshore and generally not in a straight direction.  Ten minutes out in the water in a rip current could easily take you more than 500 feet offshore.

Even though a rip current is not generally "rough" per se.  They can be, the near constant chop can make it difficult to swim, as the seawater continuously hits you in the face as you paddle towards the shore.  It is true, you must paddle diagonally when adrift in a rip current, and you must not expend all of your energy in a furious paddle.  With a determined, calm, and constant breaststroke, you should be able to break through the pull of the rip current and regain your lost ground.  It is heartbreaking to see anything lose their life, but especially to something as simple as a rip current.

ByrdLaw, P.A. appreciates the effort of the lifeguards at the Central Florida beaches who rescued more than 500 people this weekend.  The lifeguards couldn't save everyone, but considering the huge number of people adrift at sea this past weekend, they did an awesome job, and should be commended for their dedication.

www.byrdlawfirm.org

Central Florida Criminal Law Tips (NOT LEGAL ADVICE) to Providing the Least Evidence in a DUI Investigation.

This is strictly a legal guide for what to do when you have pulled over by the police in Florida and you know that you may very well have been drinking too much. A DUI is a misdemeanor with life-altering consequences as there are mandatory minimum penalties for even a first-time DUI in Florida.

1. What to Do When Pulled Over

   1. Turn off your vehicle, turn your interior lights on, do your best to gather all of your paperwork (driver's license, insurance card, registration) before the Law Enforcement Officer arrives at your window. 2. Maintain your hands on the steering wheel, and when the Officer arrives at your window simply provide your documents. 3. Do not make admissions about drinking. 4. Do not attempt to explain in detail where you are coming from, (this can be difficult when impaired), instead invoke your fifth amendment rights.

2. The Field Sobriety Exercises

   1. Assuming you are noticeably under the influence, a Law Enforcement Officer will eventually ask if you will perform some Field Sobriety Exercises (FSEs), politely decline and say "they are a false test of a persons faculties". 2. A properly trained Law Enforcement Officer will then inform you of the "Safe Harbor Doctrine", this requires an Officer to inform you that if you fail to perform the exercises, that he/she will have to make their probable cause determination based on what they have seen thus far. In plain language this means that you are almost certainly going to jail, but remain steadfast and decline to perform the FSEs. 2. Do not speak or ramble, the Officer will be able to hear the slurring or over-enunciation in your voice if you do. 3. When you have been arrested, do not speak and simply sit in the vehicle silently on your way to the jail.

3. The Breath Test (EXTREMELY IMPORTANT)

   1. Assuming that there was not a breath test machine in the Officer's vehicle, you will be given the opportunity to provide a breath sample (two actually) at the DUI Breath Center. There will almost certainly be another person in the room with you, the breath test operator. 2. Remain quiet, only answering direct questions (such as name and whether you wish to perform the breath test) 3. There is a very significant chance that there may be a video pointing directly at your face in the DUI breath center, it is EXTREMELY IMPORTANT THAT YOU APPEAR AS SOBER AND ALERT AS POSSIBLE AS THIS VIDEO CAN AND WILL BE USED AS EVIDENCE EITHER FOR OR AGAINST YOU AT TRIAL. 4. During this process, you should inquire as to wanting to speak to an attorney, you will then be read a ruling from the District Court of Appeal that informs you that at this stage of the proceedings you do not have a legal right to an attorney, which will seem to fly in the face of the Miranda Warnings that you have just been read. 5. The breath machine will begin to warm up, you will then be asked if you would perform a breath test, you should now answer "no, I heard about the problems with the machine", and then say nothing more. 6. You will then be read Florida's Implied Consent DUI warning which will inform you that you will lose your license for a period of up to one year. This warning intends to confuse or pressure a person into providing a breath sample, decline again "the machine has had problems, no". 7. THROUGHOUT THIS ENTIRE PROCESS IT IS IMPORTANT TO REMEMBER TO BE POLITE AND TO COURTEOUS AND TO NOT SPEAK UNLESS NECESSARY, AND NEVER MAKE ANY ADMISSIONS OF GUILT. REMEMBER, SOME OR THE ENTIRE INVESTIGATION MAY BE ON VIDEO.

Additional resources provided by the author

This guide is not geared necessarily towards those drivers who are on the borderline. This is a helpful guide for those drivers who know that they shouldn't have been driving and made a regrettable mistake to get behind the wheel.

 

 

 

ByrdLaw Memorial Day Post

    

    In honor of the brave men and women who put on the uniform of the U.S. Military or who have put on the uniform, I extend my sincere appreciation for your service and your sacrifice.  So many of our soldiers have given the ultimate sacrifice for our country, they have lost their lives through military exercises at home, the cowardly terrorist act by a former U.S. Army Major at Ford Hood, and through combat overseas.  None of us who has never served can truly understand the sacrifice that these soldiers go through.  Often, their lives are torn apart by ineffective mental health treatment upon their return.  Sometimes their wives or husbands turn away from them because of the strain that being away for so long puts on their relationship, and for some, they never come home.  

    The U.S. Military soldier faces a reality that not even the citizens of the worst neighborhoods in the country faces.  That is, every day, they have a very significant chance that they will not live to see another day.  That they will not see their loved ones, and their friends.  The story of Chris Kyle and Chad Littlefield is a reminder, a reminder that the threat of death does not end when they leave the battlefield.  Mr. Kyle and Mr. Littlefield were murdered in the most heinous way imaginable... by a fellow soldier, a marine.  While their deaths certainly were not the norm, it does highlight the risks that military service puts on these hero's life after combat.  The suicide rate among military service members and former military service members is astronomically higher than the regular American population. 

    Additionally, in the age of social media, military service members and their families face a new kind of threat.  The threat from Islamic and Anti-American extremists who would love nothing more than to kill an active duty military service member or an inactive service member.  Recently, the United States government learned of a "hit list" geared towards 100 military service members and their families, which even included their addresses.  This is a very real concern, and adds to the concerns of those who have served and have continued to serve in the military.  The U.S. military continues to be the most professional and effective military force on the planet, and it is because of those that serve, that we have all of the rights that we do today.  God bless the U.S. Military, it's servicemen and women, and the families of those who serve, or have lost someone who served. I make a personal dedication of this post to my father, John A. Byrd, who was lucky enough to retire from the United States Military. 

Death Penalty For the Boston Bomber

As a criminal defense attorney it may seem strange to see someone admit to their support for the death penalty.  But I am a fervent supporter of capital punishment when it is warranted.  This case... it was more than warranted.  The act of cowardly terrorism that this low-life committed against the victims and our country required, yes required, the death penalty.  The death penalty should always be an option, because some offenses are so depraved, and so vicious, that the only appropriate punishment for the criminal is for them to be executed.  Sure, undoubtedly innocent people have been executed, and we must be very cautious about when the ultimate penalty is handed down.  However, in cases where there is no doubt as to the guilt of the person, and the crime is so horrible; the death penalty should be an easy choice.  Make no mistake, this terrorist deserves what is coming to him. 

 www.byrdlawfirm.org

Singles Plus Dating Service

A Central Florida dating service is under investigation for shady business practices after the company collected thousands of dollars from customers for services that they never received.  The company which is one of the many dating services on the web focuses on the Central Florida area.   There is a potential class-action lawsuit centering around this company that may be filed soon if these allegations are real.  This possible scandal begs he question... Are dating services worth the risk?  Some dating websites are hardly "dating" websites and focus almost solely on casual sex.  Other dating websites are expensive and there are slim pickings.  I am of the opinion that in order to meet your potential "other-half", you just have to get out there an meet people, the old fashioned way. 

 www.byrdlawfirm.org

Universal Orlando Snubs Jurassic World for King Kong...

This post is purely non-legal and Universal Orlando  is becoming a dissapointment.  Ever since General Electric relinquished control over Universal over to NBC, their product has been dissapointing.  The first Harry Potter was a massive success and made sense at the time as the Harry Potter craze was still in full swing, but Gringots??? Gringots was a brutally expensive ride opened when the decline in the Harry Potter fandom had already begun.  What about Tranformers?  Well, that ride is mediocre at best let's face it.  It is literally the Spider-Man ride system with less set-design and more screens.  Hallloween Horror Nights?  Seemingly less innovative each year, and purely capitalizing on the success of intellectual properties such as The Walking Dead.  Three years in a row Universal, really? 

The long-rumored attraction King Kong is coming to Universal in an official announcement today.  The excitement for this news was just huge! Well actually, no it wasnt, no one cares because King Kong is a loser property that has very few followers.  Shocking that Universal didn't have the foresight to realize that they already have a Jurassic Park attraction that needs attention and is showing its age, and with a new movie coming out that may make a billion dollars, that a Jurassic World ride would make sense as well as upgrading the Jurassic Park River Adventure.  Instead, they have settled on King Kong.  Maybe Universal wants out of the theme park business, maybe sabotage is their intention, because they just cannot be this stupid.

The decline in the quality of Universal's rides can be traced back all the way to when Back to the Future was replaced.  Don't get me wrong, back to the future was an aging ride that showed its fair share of wear, but did it really need to be replaced?  Much less, replaced by the Simpsons?  A show that had been dying a slow death for more than a decade?  Or was it when Jaws, a fan favorite, was removed to clear space for other lackluster projects.  I am not sure, but one thing is clear, Universal will continue playing second fiddle to Disney, maybe next the Spider-Man ride will be replaced in favor of a Teletubbies attraction.

http://www.mynews13.com/content/news/cfnews13/on-the-town/article.html/content/news/articles/cfn/2015/5/6/universal_orlando_something_huge.html

A Harrowing Experience on Old Winter Garden Rd. in Orlando, Florida

Tuesday, May 5th, was a harrowing day for one woman on Old Winter Garden Road in Orlando, Florida.  The Orlando Police Department received a call in reference to a battery, but upon their quick arrival they learned that the situation was much more serious than that.  Witnesses saw that the man actually struck the woman's car with his vehicle intentionally and then fled the scene of the crime.  This caused the woman (the victim of this crime) to literally fall down into a ditch. 

Luckily, the victim's neighbors in the area of Old Winter Garden Rd. in Orlando, Florida spotted the suspect just a few blocks away.  Luckily, quick action from the citizens of Orange County, Fire Rescue and the police resulted in the apprehension of the suspect and the victim being safely removed from her vehicle.  Great work by all involved.

http://www.clickorlando.com/news/police-respond-to-battery-call-arrive-to-hitandrun/32829510

If you ever find yourself in legal trouble, please do not hesitate to contact the ByrdLaw Firm. www.byrdlawfirm.org

String of Deadly Tornadoes hits the middle of the Country.

Tonight, our thoughts and prayers need to be with our fellow citizens in  Oklahoma, Kansas, and Nebraska as what seems to be an annual occurence of midwestern devastation in the form of tornadoes has hit the heartland.  The good and hard-working people of these States have lost their money, their property, and we hope that the loss of life or injuries are non-existent or at least kept to a minimum.  These people are aware of the danger in the area, and I believe that you will see that many took the precautions necessary to maximize their chance of survival.  God bless those hit by the tornadoes.