When DUI clients refuse the breath test, prosecutors like to argue to the jury that the refusal is “consciousness of guilt”. The argument can be persuasive. In a recent ruling, a County Court Judge granted our motion to suppress the client’s refusal due to law enforcement violating our client’s Fifth Amendment right to remain silent during the breath testing procedure at the jail. Even when a criminal case looks bad at the outset, Harris Guidi may be able to find the “diamonds in the rough” that will help the client obtain a favorable resolution to the case. Call us for a review of your case.
Posts Tagged ‘Jacksonville’
A Great day for our Client
Michael RudolphTuesday, September 7th, 2010
The 1st District Court of Appeal, in Jacksonville, today reversed a workers compensation Judge’s denial of our clients claim for permanent total disability. The Judge based his denial on our client’s failure to perform a job search, which I argued was not required by law. The 1st DCA agreed with me and reversed the Judge’s denial and remanded it back to workers’ comp court for a ruling consistent with the law.
Habitual Traffic Offenders
Christopher WilsonThursday, July 8th, 2010
Drivers who have a lengthy record of citations or criminal traffic convictions may be deemed a Habitual Traffic Offender (“HTO”) by the DMV. As a result, the DMV revokes the person’s driving privileges for 5 years without any possibility of a hardship license for the first year. If caught driving while designated as an HTO, the person can be prosecuted for a felony. Many think there are no options other than to continue to drive. The Jacksonville Lawyers at Harris Guidi, are able to file certain legal actions to set aside and vacate certain portions of one’s driving record that results in the HTO designation being removed. There is hope.
Workers’ Compensation Insurance Companies At It Again!
Michael RudolphFriday, June 18th, 2010
Another example of how insurance companies will tell you things that are just not true. I recently took a Jacksonville case to trial involving our client who suffered the loss of her leg in 1990 while working. The case remained open and recently she suffered a fall when her prosthetic caught on a gate, causing severe injuries to her knee which required multiple surgeries. When she called the workers comp adjuster she was told she was “clumsy” and it was her own fault and thus, her own responsibility. Not true! Because the prosthetic contributed to the fall, the subsequent injuries should have been the responsibility of the workers’ comp. insurance company. The case went to trial and the Judge agreed with our position. So, don’t just take what the insurance carrier tells you as true, call us for the facts!
Insurance Companies Low Balling Settlement Offers in Jacksonville and elsewhere.
Glenn WarrenWednesday, June 16th, 2010
Recently, I went to a mediation on a case that settled for 5x higher than offered by the insurance company before the filing of a lawsuit in Jacksonville. In January 2009, I submitted a demand to the insurance company and they only offered $10,000.00 to settle. The value of the case was clearly worth more than this amount. A lawsuit was filed and eventually went to mediation June 2010, and settled for the policy limits. It seems to me that insurance companies, as of late, are offering significantly less than the value of the case for two reasons.
One is to see if the injured person is in a difficult financial situation and would be willing to settle the case quickly for far less money. The second is due to the economy. The insurance companies have lost millions of dollars in investments over the last couple years, in Jacksonville and across the country. By stalling settlement of their cases, they hold onto their investments longer with the hope they will improve. Either way, the insurance company is not looking out for your best interest.
If you wish to discuss this further or need the assistance of an attorney to battle an insurance company, please contact me by email at warren@harrisguidi.com or at Jacksonville number 904-398-9002.
What family judge “considers” for 4 year old visitation is inappropriate standard
Paola ParraWednesday, June 16th, 2010
I recently had a case in Jacksonville where a Father filed a motion for clarification of final judgment which provides for summer visitation once child turns 5 but also lists a year (2009) which is 2 years prior to the child turning 5. The Judge entered order,without a hearing, stating that he “considers a 4 year old of sufficient age to have summer visitation [with nonresidential parent - father].” As the mother’s attorney, we filed a motion for rehearing and to set aside said order because if there is an ambiguity in the final judgment, then an evidentiary hearing is required. A hearing was held and the Judge ruled in our favor the Judge’s order was set aside.
MySpace and Facebook in Wrongful Death Cases
David DunlapTuesday, June 1st, 2010
I have learned a great deal about defendants in my personal and wrongful death cases by researching their MySpace and/or Facebook sites. In fact, we basically won a wrongful death case in Jacksonville by using MySpace information and photographs to prove the defendants were lying about how an incident occurred which resulted in the tragic death of our client’s son.
After the depositions, the insurance company paid the full policy limits to settle. More and more we are seeing insurance company lawyers questioning our clients about their MySpace sites and the photos on the site. Please remember, these sites are 100% public and will be used against you in a civil personal or wrongful death case. The other side can now obtain all your information, including photos, by subpoena. Be very careful. Clean up your site content today!
Monday May 31st Jacksonville Times Union has an all too familiar story about this on the front page.
Workers’ Compensation Trials
Michael RudolphTuesday, June 1st, 2010
Many Jacksonville attorney’s hate to take cases to trial. Having an attorney well versed in trial procedure is crucial to your case, as an insurance company will pay you more to settle your case if they know your attorney is willing and able to take the case to trial. Myself and Jonathan Israel take many cases to trial, probably more that any other firm in Jacksonville. Call us to hear more about our practice philosophy and trial work.