Daytona Beach Legal Blog

Bicycle safety: Things to keep in mind

On behalf of The Law Office of Brian R. Toung, P.A. on Thursday, August 16, 2018.

As the summer gives way to fall, bicyclists will remain on the road in large numbers. It doesn't matter if you're an avid cyclist or only ride every now and again, you could be part of a serious accident when you least expect it.

Even if you're doing whatever it takes to avoid trouble, one mistake by a driver could lead to an accident and injuries that change your life forever. This is why it's so important to follow a variety of bicycle safety tips at all times:

Wear safety gear. This starts with a helmet, but should also include gloves and protection for your arms and legs. It doesn't sound necessary, until you're in an accident and realize that your safety gear helped you avoid serious injury.
Keep your head on a swivel. You should always be on the lookout for any safety concerns, such as drivers who are not paying attention or other cyclists who are riding recklessly.
Use the bike lane. You don't always have access to a bike lane, but if you do you should take full advantage. Riding here is safer than in traffic or on the sidewalk.
Take extra caution when riding at night. It can be great fun to bike at night, especially when it's cooler, but it also increases the risk of an accident. Wear bright colored clothing and install reflectors. Both these things make it easier for people to see you.
Maintain your bike. Improper maintenance, such as neglecting to check your tire pressure, can increase the risk of an accident. Take pride in maintaining your bike, as this keeps it looking its best while also doing wonders for your safety.

Is there an alcohol diversion program in South Daytona?

On behalf of The Law Office of Brian R. Toung, P.A. posted in Drunk Driving on Thursday, August 16, 2018.

After many decades of drunk driving accidents and arrests, courts across the country have come to understand that simply penalizing alleged offenders is not very effective. As such, lawmakers have enacted other remedies that may benefit public safety and those with alcohol or drug problems. South Daytona drunk driving defendants may be eligible for such a program.

Many drunk driving defendants do not know that entering into a drug/alcohol diversion program offers many benefits. Below are three examples of how these programs can help those arrested for drunk driving.

Drunk driving charges may be suspended, dismissed or reduced upon completion of the program.
Successful completion may eliminate or reduce time spent in jail.
Diversion programs may help people overcome drug and/or alcohol problems.

What tourists should know about Florida marijuana laws

On behalf of The Law Office of Brian R. Toung, P.A. posted in Tourist Criminal Defense on Saturday, August 4, 2018.

Daytona attracts many tourists who want to visit the beach or take in one of the many Daytona International Speedway events. Regardless of what brings you to the area, the last thing you want is to have your vacation destroyed because you're accused of violating one of the state's drug laws. Another thing to consider is that you will need a state-based legal professional experienced in tourist criminal defense to help you fight any charges you may face.

As acceptance of marijuana use spreads across the nation, it is important to know that the substance is still illegal in Florida. In fact, Florida is one of the most intolerant states when it comes to the use and possession of marijuana. While it is now legal for residents of the state to possess cannabis for a medical condition, visitors to the area might want to abstain from using the substance until they are safely back at home.

Avoiding a DUI when you're a tourist: Transportation options

On behalf of The Law Office of Brian R. Toung, P.A. on Thursday, August 2, 2018.

As a tourist, you want to have a good time. However, you're aware that driving while under the influence is dangerous and unacceptable. If you get behind the wheel and hit someone or something, you'll have to be held responsible.

The good thing about being a tourist and traveling in a tourist area like Daytona Beach is that there are ways you can travel without having to worry about driving. From bus systems and taxi cabs to ride-sharing services, there are few reasons anyone should have to drive when intoxicated. Here are five possible ways you can get home when drunk without putting yourself or others at risk.

How growing awareness about truck accidents may help your case

On behalf of The Law Office of Brian R. Toung, P.A. posted in Commercial Vehicle Accidents on Friday, July 20, 2018.

We all know that motor vehicle accidents sometimes simply happen in life. This mantra also applies to incidents involving commercial vehicles and smaller automobiles. Unfortunately, these kinds of accidents are particularly dangerous and often result in catastrophic injuries or the loss of life.

If so many people – presumably truck drivers as well as other motorists – understand the risks associated with commercial vehicle accidents, why do they keep happening? We do not have an answer to this question. However, we would like to pose a theory on how the growing awareness over commercial vehicle accidents may help your case if you ever suffer injury in such a crash.

Fighting your beach-side DUI

On behalf of The Law Office of Brian R. Toung, P.A. on Thursday, July 19, 2018.

You went to Florida on a vacation, and it was your goal to have a good time. You certainly did that, but at the last portion of your trip, you made a stupid mistake. You thought you were less intoxicated than you were, so you got behind the wheel of your vehicle. It was only moments later when you found yourself being asked to get out of your vehicle by a local officer.

Today, you face a DUI from your vacation. You don't want to see this one-time mistake affect you for a lifetime, but what can you do? You know the law takes a DUI seriously, even though you didn't hurt anyone.

How to drive safely in strong winds and heavy rain

On behalf of The Law Office of Brian R. Toung, P.A. on Wednesday, July 11, 2018.

It doesn't matter if you live in or around the Daytona Beach area or are simply visiting on vacation, you're well aware of the fact that the local roadways are often crowded.

In addition to the traffic, drivers often have to contend with inclement weather. For example, strong winds and heavy rain can make it difficult to safely navigate on city streets and highways.

Summer motorcycle safety tips to remember

On behalf of The Law Office of Brian R. Toung, P.A. on Tuesday, July 10, 2018.

Now that summer is in full swing, you are probably more than to ready to start riding your motorcycle regularly again. However, if you haven't ridden your bike recently you might need to refresh yourself on certain summer safety tips.

The first thing you should do if you are planning to pull your bike out of the garage now that sun is consistently in the forecast is do a "once-over" on your motorcycle. This includes checking the tire tread, air pressure and the lights. If you have not taken your bike in for a tune-up, now is the time to do so. Once you have ensured that your motorcycle is in good working order, it is almost time to get back out on the road. However, don't forget these following safety tips when you do.

Mediation often works well for personal injury disputes

On behalf of The Law Office of Brian R. Toung, P.A. posted in mediation on Thursday, July 5, 2018.

Personal injury disputes occur in a wide variety of situations. For example, if you slip and fall in a commercial establishment or on someone's property and suffer injuries, a personal injury claim may be the only way to obtain compensation. Unfortunately, many of these situations devolve into a chaotic mix of mutual anger and hostility.

For every case involving pain or injury, there are two sides, and rarely do these two sides coincide. As the injured party, you feel justified in your efforts to hold the responsible party accountable in accordance with Florida law. On the flip side, the defendant may argue that you are being unfair or even that you may have fabricated your claim. How can both sides of the issue come together and work out the fine points?

Signs police watch for to find drunk drivers

On behalf of The Law Office of Brian R. Toung, P.A. posted in Drunk Driving on Friday, June 22, 2018.

As you may know, police cannot pull your car over without a reason. An officer can't stop cars randomly, hand out breath tests and try to find drunk drivers. Even if that officer knows it's likely that someone is drunk -- perhaps it is 2:00 a.m., and the officer is near a bar -- he or she still needs reasonable suspicion for that stop.

So, what do police look for before conducting traffic stops? A few common signs include:

Drivers who make illegal turns
Drivers who straddle the center line, with two wheels on each side.
Drivers who almost crash into other vehicles
Cars that drift back and forth between the lanes or swerve within the lane
Drivers who almost drive off of the roadway, almost as if they're distracted
Cars that move erratically and unpredictably, almost looking as if they're out of control
Drivers who go extremely slowly
Drivers who stop when there is no reason to do so
Cars that are speeding, often well exceeding the speed limit
Drivers who frequently hit the brakes, again, almost appearing out of control