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ABATE OF FL’S STIFFER PENALTIES BILL PASSES 1ST COMMITTEE

January 30th, 2012 No comments


Tallahassee, FL January 27, 2012 – ABATE of Florida, Inc.’s Stiffer Penalties Bill, Senate Bill 1754, has passed it’s first committee today.  The Senate Transportation Committee passed the Bill with 7 yes votes and zero no votes. Doc, ABATE of Florida’s Lobbiest, spoke before the committee during the hearing and said there no negative comments.

The next committee for the Bill will be the Senate Criminal Justice Committee.  We can use everyone’s help to contact the members of this committee to urge them to pass this Bill. The committee’s Chair, Sen. Greg Evers (850-487-5000), is the Sponsor of our Bill.  Other members are:

Sen. Charlie Dean

Vice Chair

(850) 487-5017
Sen. Mike Bennett (850) 487-5078
Sen. Alan Hays (850) 487-5014
Sen. Gwen Margolis (850) 487-5121
Sen. Chris Smith (850) 487-5112

Any questions regarding this Bill should be directed to ABATE of Florida, Inc.’s State Legislative Trustee, Darrin “Scribe” Brooks at statelegislative@abateflorida.com.

Past ABATE of Florida, Inc. Press Releases may be found here: www.abateflorida.com/pr .
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SENATOR EVERS FILES ABATE OF FL’S STIFFER PENALTIES BILL

January 12th, 2012 No comments

Tallahassee, FL, January 11, 2012 – Senator Greg Evers has filed FL Senate Bill 1754 “Traffic Offenses”, on behalf of ABATE of Florida, Inc.  This Bill is designed to require penalties more severe than the $166 some drivers have faced after hitting and killing motorcyclists.  The text of the Bill as submitted in original form reads:

“Traffic Offenses; Providing criminal penalties for a person who commits a moving violation that causes serious bodily injury to, or causes or contributes to the death of, a pedestrian or a person operating or riding in a motor vehicle or operating or riding on a motorcycle or bicycle; requiring that the person pay a specified fine, serve a minimum period of incarceration, and attend a driver improvement course; requiring that the court revoke the person’s driver license for a minimum specified period; providing that the act does not prohibit the person from being charged with, convicted of, or punished for any other violation of law, etc.”

ABATE of Florida is asking concerned citizens and motorcyclists to contact their local Senators and ask they support Senate Bill 1754.  Remind them we will be holding our Freedom Rights Rally February 13, 2012 at Florida’s Capitoll Building and to contact any ABATE of Florida, Inc. member should they have any questions.

Past ABATE of Florida, Inc. Press Releases may be found here: www.abateflorida.com/pr.

NTSB RECOMMENDS BAN ON DRIVER CELL PHONE USE

December 16th, 2011 No comments

WASHINGTON (AP) — States should ban all driver use of cell phones and other portable electronic devices, except in emergencies, the National Transportation Board said Tuesday.

The recommendation, unanimously agreed to by the five-member board, applies to both hands-free and hand-held phones and significantly exceeds any existing state laws restricting texting and cellphone use behind the wheel.

The board made the recommendation in connection with a deadly highway pileup in Missouri last year. The board said the initial collision in the accident near Gray Summit, Mo., was caused by the inattention of a 19 year-old-pickup driver who sent or received 11 texts in the 11 minutes immediately before the crash.

The pickup, traveling at 55 mph, collided into the back of a tractor truck that had slowed for highway construction. The pickup was rear-ended by a school bus that overrode the smaller vehicle. A second school bus rammed into the back of the first bus.

The pickup driver and a 15-year-old student on one of the school buses were killed. Thirty-eight other people were injured in the Aug. 5, 2010, accident near Gray Summit, Mo.

About 50 students, mostly members of a high school band from St. James, Mo., were on the buses heading to the Six Flags St. Louis amusement park.

The accident is a “big red flag for all drivers,” NTSB chairman Deborah Hersman said at a meeting to determine the cause of the accident and make safety recommendations.

It’s not possible to know from cell phone records if the driver was typing, reaching for the phone or reading a text at the time of the crash, but it’s clear he was manually, cognitively and visually distracted, she said.

“Driving was not his only priority,” Hersman said. “No call, no text, no update is worth a human life.”

The board is expected to recommend new restrictions on driver use of electronic devices behind the wheel. While the NTSB doesn’t have the power to impose restrictions, it’s recommendations carry significant weight with federal regulators and congressional and state lawmakers.

Missouri had a law banning drivers under 21 years old from texting while driving at the time of the crash, but wasn’t aggressively enforcing the ban, board member Robert Sumwalt said.

“Without the enforcement, the laws don’t mean a whole lot,” he said.

Investigators are seeing texting, cell phone calls and other distracting behavior by operators in accidents across all modes of transportation with increasing frequency. It has become routine for investigators to immediately request the preservation of cell phone and texting records when they launch an investigation.

In the last few years the board has investigated a commuter rail accident that killed 25 people in California in which the train engineer was texting; a fatal marine accident in Philadelphia in which a tugboat pilot was talking on his cellphone and using a laptop; and a Northwest Airlines flight that flew more than 100 miles past its destination because both pilots were working on their laptops.

The board has previously recommended bans on texting and cell phone use by commercial truck and bus drivers and beginning drivers, but it has stopped short of calling for a ban on the use of the devices by adults behind the wheel of passenger cars.

The problem of texting while driving is getting worse despite a rush by states to ban the practice, Transportation Secretary Ray LaHood said last week. In November, Pennsylvania became the 35th state to forbid texting while driving.

About two out of 10 American drivers overall — and half of drivers between 21 and 24 — say they’ve thumbed messages or emailed from the driver’s seat, according to a survey of more than 6,000 drivers by the National Highway Traffic Safety Administration.

And what’s more, many drivers don’t think it’s dangerous when they do it — only when others do, the survey found.

At any given moment last year on America’s streets and highways, nearly 1 in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a handheld electronic device, the safety administration said. And those activities spiked 50 percent over the previous year.

The agency takes an annual snapshot of drivers’ behavior behind the wheel by staking out intersections to count people using cellphones and other devices, as well as other distracting behavior.

Driver distraction wasn’t the only significant safety problem uncovered by NTSB’s investigation of the Missouri accident. Investigators said they believe the pickup driver was suffering from fatigue that may have eroded his judgment at the time of the accident. He had an average of about five and a half hours of sleep a night in the days leading up to the accident and had had fewer than five hours of sleep the night before the accident, they said.

The pickup driver had no history of accidents or traffic violations, investigators said.

Investigators also found significant problems with the brakes of both school buses involved in the accident. A third school bus sent to a hospital after the accident to pick up students crashed in the hospital parking lot when that bus’ brakes failed.

However, the brake problems didn’t cause or contribute to the severity of the accident, investigators said.

Another issue involved the difficulty passengers had exiting the first school bus after the accident. The bus’ front and rear bus doors were unusable after the accident — the front door because the front bus was on top of the tractor truck cab and too high off the ground, and the rear door because the front of the bus had intruded five feet into the rear of the first bus.

Passengers had to exit through an emergency window, but the raised latch on the window kept catching on clothing as students tried to escape, investigators said. Exiting was further slowed because the window design required one person to hold the window up in order for a second person to crawl through, they said.

It was critical for passengers to exit as quickly as possible because a large amount of fuel puddled underneath the bus was a serious fire hazard, investigators said.

“It could have been a much worse situation if there was a fire,” Donald Karol, the NTSB’s highway safety director, said.

 Republished directly from http://news.yahoo.com/ntsb-recommends-ban-driver-cell-phone-172412513.html

 

PROTECT MOTORCYCLE SAFETY GRANTS AND FIGHT HELMET MANDATES WITH ONE CALL

December 13th, 2011 No comments

On Wednesday, December 14, the Senate Commerce, Science, &Transportation Committee will mark-up the “Motor Vehicle and Highway Safety Improvement Act of 2011,” (S. 1449). The measure covers the safety aspects of the next national transportation program, including the acceptable activities of the National Highway Transportation Safety Administration (NHTSA). S. 1449 contains three areas of critical concern to motorcyclists.

The first is Lautenberg Amendment #1 filed on the morning of Monday, December 12. Senator Frank Lautenberg’s (D-NJ) amendment would drastically alter the motorcyclist safety grant program, indirectly force states to pass mandatory universal helmet laws, and direct the use of federal tax dollars to only promote the use of helmets.

More specifically, the amendment alters the current motorcyclist safety grant program (a.k.a. Section 2010 funds) by loosening the requirements to receive funds for states with mandatory universal helmet laws in place. A mandatory universal helmet law requires any rider and passenger on a motorcycle to be wearing a helmet at all times, regardless of age. The AMA believes that adults should have the right to voluntarily decide when to wear a helmet.

States that currently do not have universal helmet laws would see their qualification criteria become stricter in order to receive safety grants.

Additionally, states without mandatory universal helmet laws would be required to spend 50% of their grant funds on the promotion of helmet use. The remaining 50% could be spent on rider training, helmet promotion, enforcement programs to reduce impaired riding, linking motorcycle data together electronically in states, implementation of graduating licensing systems for riders, and speeding and reckless riding enforcement programs.

The revised use of funds is contradictory to the spirit in which motorcyclists fought for the safety grant program during the last federal transportation initiative. In 2005, the motorcycling community came together to create the motorcyclist safety grant program to encourage states to fund motorcycle safety awareness, education, and training programs. The allowable uses of funds included public service announcements, motorist awareness campaigns, and the improved delivery of rider training.

Lautenberg Amendment #1 would provide zero funding for awareness and education programs.

The second threat to motorcyclists is a clause that would lift the ban on NHTSA being able to use federal tax dollars to lobby states to pass mandatory helmet laws. The provision was included in the national transportation program beginning in 1998 and was re-affirmed in 2005. The AMA believes that the decision on helmet laws is the right of each individual states and the federal government should not be allowed to apply unfair pressure to influence a state’s choice on that issue.

Senator Jim DeMint (R-SC) has introduced one amendment to strike the clause lifting the ban on NHTSA lobbying efforts. Additionally, DeMint has offered an amendment that would further address lobbying efforts by the federal government. Both DeMint Amendments #1 and #18 should pass in order to bar the federal government from using individual tax-payer dollars to control the state law-making process.

Thirdly, S. 1449 seeks to alter the definition of “motor vehicle equipment” to specifically call-out motorcycle helmets. This is a tactic used to quietly suggest states spend federal funding related to any type of motor vehicle equipment on motorcycle helmets. Senator DeMint has also offered DeMint Amendment #2 to strike the reference to motorcycle helmets in this definition.

If one of your Senators is on the Commerce, Science, & Transportation Committee, then that Senator can help address these issues immediately. Due to the short amount of time available, the best way to contact your Senator is to call. Click on the “Call Now” option, enter your zip code and receive all the information you need, including pre-written talking points to deliver to your Senator on the Committee.

Call your Senator on the Committee now and tell them to: 1) Vote “No” on Lautenberg Amendment #1 to S. 1449 that would change the motorcyclist safety grant program; 2) Support the DeMint Amendments #1 & #18 to S. 1449 that would address lobbying by the federal government; 3) Strike “motorcycle helmet” from the definition of “motor vehicle equipment.”

Call now; there is no time to waste

 

FHP SEEKING HELP TO IDENTIFY DRIVER WHO LEFT MOTORCYCLIST FOR DEAD

November 1st, 2011 No comments


Naples, FL, October 31, 2011- The Florida Highway Patrol has updated their description of the vehicle and driver sought for questioning regarding a hit & run crash that occurred October 25, 2011 shortly after midnight on Interstate 75 near mile maker 110 in Naples.

The driver of a 1990s to early 2000s two-tone white and brown or gold Ford F150 pickup truck was speeding south on I-75 when he rear-ended 62 year-old Henry Gacek, throwing him from his motorcycle. He was critically injured and may be paralyzed according to WINK-TV’s interview of family members.

Witnesses say the truck drove away after the collision, heading southbound with smoke coming from its engine. State Troopers stated the truck may have damage to the right front headlight and grille area as well as possible radiator and engine damage as a result of this crash.

The driver was described as a 25-to-35-year-old male with black hair, a 5-o’clock shadow, an athletic build and white T-shirt.

Anyone with information about the identity of the vehicle or its driver is asked to contact Trooper Albert Gutierrez of the Florida Highway Patrol at (239) 938-1800

ABATE FREEDOM RIDE

October 31st, 2011 No comments

ABATE Freedom Ride February 2012

COURT DATE SET FOR KILLER OF MOTORCYCLE PASSENGER

October 11th, 2011 No comments


Estero, FL – October 10, 2011 – Friday August 26, 2011 Doug McGill was riding his Yamaha motorcycle with his friend Janine Becker on the back.  They stopped for the red traffic light after arriving at an intersection near the Coconut Point Mall.  Stephen Alexander Brown pulled up behind them as the traffic light was changing from red to green, but instead of stopping, reports say he accelerated his Pontiac Grand Prix straight into the rear of McGill’s bike.  After both were thrown from the bike, McGill was transported to the hospital with non-life threatening injuries.  Janine Becker was pronounced dead at Gulf Coast Hospital.

Brown was cited for careless driving and driving a vehicle in an unsafe condition or with defective equipment.  Since Janine Becker was killed in the crash, Brown will be required to appear before the Lee County Court on October 20, 2011.  As of now, he only faces $267 in related fines.  The Judge assigned to this case, the Honorable H. Andrew Swett, has the ability to impose additional penalties.  However, even though it appears Brown was fully at fault in this fatal crash, he will not see any jail time for killing a motorcyclist.  The current laws don’t call for incarceration in negligent driving cases such as this.  Brown did get arrested for Possession of Marijuana back in June 2011; maybe that will send him to jail since killing a biker won’t.

ABATE of Florida’s Estero River Chapter will be at the October 20, 2011 8:15 am hearing, hoping for justice to be served in the killing of their chapter’s member.  Contact Estero River Chapter President Mark Williams at 239-825-5848 or marcumw@aol.com for additional information.

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ABATE of Florida, Inc. is Florida’s largest Motorcyclists’ Rights Organization, and one of the top four largest nationwide.  ABATE of Florida members come from all walks of life and include many elected officials.  Our missions are to educate the public about motorcycle awareness and continuing to fight in Tallahassee for the rights of every motorcyclist and the public in general.  To aid in these ends, we have an exclusive lobbyist and have founded the Motorcycle Safety and Awareness Program, both with the intentions to help make the roads safer for everyone.

Past ABATE of Florida, Inc. Press Releases may be found here: www.abateflorida.com/pr .
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CIVIC LEADER SENTENCED TO 10+ YEARS FOR KILLING BIKER

October 3rd, 2011 No comments


 

Tavares, FL, September 30, 2011 – After changing his plea to “guilty” back on September 19th, former Public Defender Bruce Duncan was sentenced today to ten years and four months in a state prison, three years probation, a lifetime loss of his Drivers License, as well as a $5,000 fine. This sentence was received after Duncan got drunk and drove his truck into Herbert “Steve” Muller on October 17, 2009, killing Steve.

Duncan’s attorneys asked the court for a sentence of four years, the state’s minimum sentence according to the guidelines. The prison sentence Duncan received was the recommendation by the guidelines. “The fact that the Judge did not depart from Florida’s Sentencing Guidelines is a breath of fresh air” ABATE of Florida, Inc. State President, James “Doc” Reichenbach II stated today. “The defense had lined up a list of community leaders attempting to say Duncan was a great guy, and many were worried that Duncan wasn’t going to receive the punishment he deserved”.

Members from at least six ABATE of Florida chapters and other motorcyclists were present during many of the hearings, showing support for Steve Muller’s family and letting the public know that motorcyclists’ lives are worth more than a simple fine.

ABATE of Florida, Inc. is Florida’s largest Motorcyclists’ Rights Organization, and one of the top four largest nationwide.  ABATE of Florida members come from all walks of life and include many elected officials.  Our missions are to educate the public about motorcycle awareness and continuing to fight in Tallahassee for the rights of every motorcyclist and the public in general.  To aid in these ends, we have an exclusive lobbyist and have founded the Motorcycle Safety and Awareness Program, both with the intentions to help make the roads safer for everyone.

 

Civic Leader Changes His Plea to “Guilty”

September 22nd, 2011 No comments


 

Tavares, FL, September 20, 2011 – While riding back home from Biketoberfest on October 17, 2009, Herbert “Steve” Muller was hit and killed by Lake County civic leader Bruce Duncan.  Duncan’s Blood Alcohol was twice the legal limit in addition to the ½ empty bottle of vodka FHP found in his truck.  In court today, Duncan did not dispute these facts.

After many hearings in this case, on September 19 & 20, 2011 Mr. Duncan changed his plea to Guilty of DUI Manslaughter. This case took on a life of its own when Duncan’s defense team began lining up figures such as Florida State Representative H. Marlene O’Toole (R-Lady Lake), two Circuit Court Judges, President of Lake-Sumter Community College Dr. Charles Mojock, Tavares City Administrator John Drury, as well as fifteen other community leaders to be defense witnesses in Duncan’s hearing.  Although there were several hours of testimony from family and friends on both sides, not all the defense witnesses had the opportunity to testify.

ABATE of Florida, Inc. State President, James “Doc” Reichenbach II, did testify for the prosecution, asking that the Court not depart from the recommended sentencing guidelines, and how drivers killing motorcyclists are getting away with insignificant fines.  Asst. State Attorney Sue Purdy recommended that Circuit Judge Michael Takac impose a 12 ½ year prison sentence and a permanent license suspension.  The state sentencing guidelines recommend a sentence of 10 years and a few months, but the defense attorneys have asked the Court to depart from these guidelines and sentence Duncan to only 4 years, the absolute minimum sentence allowed by law.  The defense also motioned to suppress the testimony of “Doc” Reichenbach, claiming prejudice and that ABATE is not an affiliate.  Judge Takac denied this motion, stating that he allowed numerous testimonies from defense witnesses that could very well be deemed prejudice as well.

On September 30, 2011 at 8:30 am Judge Takac will sentence Bruce Duncan at the Fifth Judicial Courthouse, Lake County, on 550 W Main St. Tavares, FL.  Members from at least six ABATE of Florida chapters attended the Sept. 19th hearing.  Motorcyclists are asked to show support for Steve Muller’s family and let the public know that we won’t stand idly by while we’re getting killed on Florida’s roadways.

Contact Lake County Chapter President Casey Staley at 407-469-2455 or president@lake.abateflorida.com for additional information on the September 30, 2011 Sentencing Hearing.

ABATE of Florida, Inc. is Florida’s largest Motorcyclists’ Rights Organization, and one of the top four largest nationwide.  ABATE of Florida members come from all walks of life and include many elected officials.  Our missions are to educate the public about motorcycle awareness and continuing to fight in Tallahassee for the rights of every motorcyclist and the public in general.  To aid in these ends, we have an exclusive lobbyist and have founded the Motorcycle Safety and Awareness Program, both with the intentions to help make the roads safer for everyone.

Past ABATE of Florida, Inc. Press Releases may be found here: www.abateflorida.com/pr .

 

ABATE Chapters Help Build House for Wounded U.S. Veteran

August 26th, 2011 No comments


St. Augustine, FL, August 25, 2011 – ABATE of Florida, Inc. Vintage Chapter members showed up in force last weekend to help build a new house for one of America’s heroes. The home is being donated to Cpl. Tyler Southern and his wife by local businessmen in conjunction with Homes For OurTroops organization.

In 2010, Cpl. Southern, U.S. Marine Corps, lost both of his legs above the knees and his right arm above the elbow after stepping on a road side bomb while serving in Afghanistan.

Members of Vintage Chapter ABATE showed up and worked diligently alongside other local volunteers under the blazing sun to complete the shell of the new house in just three days. Chapter President John Massoth said the experience was very humbling. The designs for the new house were done by ABATE of Florida, Inc. Duval Chapter member Linda Purvis of Northeast Florida Design, Inc.

This is another example of ABATE chapters pulling together for a common goal and to honor and help one of our military veterans that have sacrificed a part of themselves so that we may enjoy our freedoms. KUDOS to all involved.