DUI – DWI Archives

Port Saint Lucie Attorney Leonard S. Villafranco Successfully gets Drug Charges dropped against one his clients

Port St Lucie - Stuart Criminal Lawyer

Leonard S. Villafranco P.A.

Client is charged with attempted manufacturing of methamphetamine, use or possession of drug paraphernalia and possession of 20 grams or less of cannabis, a third degree felony punishable up to five (5) years prison time. State’s offer is an adjudication of guilt for all charges and a sentence of 3 years Drug Offender Probation. Port St. Lucie criminal attorney Leonard S. Villafranco, after discovery and depositions, successfully gets all charges dropped!

Port St Lucie Office (772) 871-6441

Stuart Office (772) 288-7338

 

Are Rear End Vehicles always at Fault?

If you involved in a rear-end traffic crash in South Florida, you may ask, “is the rear vehicle behind you automatically at fault?”  The answer is “Probably, but not always!”

Rear End Accident

In South Florida, there is a rebuttable presumption that the negligence of the rear driver in a rear-end traffic crash was the sole cause of the accident.  Still, this presumption may be rebutted when evidence, which fairly and reasonably shows that the rear-end collision was not result of the rear driver’s negligence.  Courts have recognized three specific situations which may rebut this presumption:

 

  • Affirmative testimony regarding a mechanical failure;
  • Affirmative testimony of a sudden and unexpected stop or unexpected lane change by the car in front; and
  • When a vehicle has been illegally and, therefore, unexpectedly stopped.

 

These situations create a rebuttable presumption that shifts the burden to the rear driver in a rear-end collision to come forward with evidence that “fairly and reasonably tends to show” that the presumption of negligence of the rear driver is inappropriate.  If the rear-driver presents evidence at trial that fairly and reasonably rebuts the presumption of negligence, the issue of negligence must then be presented to the jury for determination without the aid of the presumption.

Because of these complex situations, it is important that you retain a Stuart or Port St. Lucie accident attorney immediately after being involved in a rear-end crash.  The days after a rear-end traffic accident are crucial to investigate whether the at-fault driver will be raising one of the three above situations that may rebut their presumed negligence.

Port St. Lucie personal injury attorney Leonard S. Villafranco has been representing those injured in Florida car crashes, motorcycle accidents, and other personal injury matters for years.  His Stuart and Port St. Lucie locations are centrally located for your convenience.  Call now to schedule a free case evaluation with Martin and St. Lucie County Personal Injury Attorney Leonard S. Villafranco.

Port Saint Lucie Office
(772) 871-6441
 
Stuart Office
(772) 288-7338

 

 Page 1 of 4  1  2  3  4 »
Disclaimer
Attorney Advertising: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.