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UBER. Is it legal? Pt.3

What to know, as an Uber driver.

Most everyone has heard about Uber as an alternative to taxi cabs. This is a series of articles that will explain how Uber works, the laws, and the legal risks you face as a consumer/passenger –AND – as a UBER driver.

Uber is a great service. It’s convenient, it’s nearly universal, and it’s even fun! There is, however, one detail to be aware of, for planning purposes: surge pricing. Surge pricing is an increase in fares due to a higher demand for drivers. This could occur during rush hour, special events, or times of inclement weather. The price is adjusted based upon how high the demand is for vehicles, if you’re looking for transportation during these times, be aware that you may be subjected to higher prices. The good news is that you will receive a notification of the increased price before you request your ride, and you will have the option to accept the increased fees. The bad news is that Transportation on demand, at the touch of your fingertips—it can’t get much better than that! Instead of driving through unfamiliar cities or maneuvering through heavy traffic, tap the app and let Uber take you where you want to be! JUST be safe and make a decision that works for you. A number of counties in Florida are legally challenging UBER. Should it be regulated like taxi cab drivers? Should the UBER drivers be required to buy car "medallions" like in New York? The argument is that taxi drivers are very heavily regulated but that UBER drivers have no regulatory oversight. Does UBER have an unfair advantage by avoiding the costs of complying with government agencies? As of the date of this article the laws in Florida are still not resolved.  

The above article is general in nature and should not be relied upon for specific legal advice. Every legal situation is different.

Gordon T. Nicol, Attorney at Law

www.YourJacksonvilleLawyer.com

Legal Representation through the State of Florida  

7545 Centurion Parkway, Suite 108

Jacksonville, FL 32256

E-mail: [email protected]

Ph.: 904-384-4911

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UBER. Is it legal? Pt. 2

Most everyone has heard about Uber as an alternative to taxi cabs. This is a series of articles that will explain how Uber works, the laws, and the legal risks you face as a consumer/passenger.

Remember the last time you stood on a street corner in the rain, waiting for an available taxi to drive by and pick you up? Me neither. Instead, we pull out our smartphones, tap the Uber app, and within ten minutes or less, our driver arrives—all while we wait inside, warm and dry.

Modern technology has introduced us to numerous ways to address our daily needs directly from our smartphones. Banking services, shopping, music, communicating with others—all at the touch of an icon. And just when we thought we had it all, e-hail apps, such as Uber, emerge to make our lives even easier. In an unfamiliar city and want to go to dinner? Tap the app. Want to attend a concert downtown but don’t want to fight the traffic? Tap the app. Out late with friends and ready to go, but your driver isn’t? Tap the app. An Uber driver can take you wherever you need to go.

Using Uber’s services is quite simple: tap the app, schedule a pickup location, and request a ride. A driver in the area accepts the request, and you get an estimated time of arrival. The fare is automatically charged to the method of payment you have on file, so there are no cash transactions or payments of any kind at the time of service. Plus, to avoid any cost-related surprises, there is an option to estimate the fare amount before you send your request.

Like every law in every State it depends on who you talk to. In 2014, the Florida Office of Insurance Regulation, FOIR, required that Uber and the drivers provide insurance coverage for accidents.

Unfortunately, FOIR delegated another Florida agency to decide whether Uber's insurance meets all of the state requirements. The second agency, the Department of Highway Safety and Motor Vehicles, had to decide whether the corporate policy, and the drivers’ personal auto policies provides the insurance coverage necessary under Florida laws. As of publication the State of Florida has still not resolved this issue. This means you as a consumer may not have enough insurance coverage for an accident. VERY DANGEROUS.

The above article is general in nature and should not be relied upon for specific legal advice.

Every legal situation is different.

Gordon T. Nicol, Attorney at Law www.YourJacksonvilleLawyer.com Legal Representation through the State of Florida   7545 Centurion Parkway, Suite 108 Jacksonville, FL 32256 E-mail: [email protected] Ph.: 904-384-4911

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UBER. Is it legal? Pt. 1

Most everyone has heard about Uber as an alternative to taxi cabs. This is a series of articles that willexplain how Uber works, the laws, and the legal risks you face as a consumer/passenger.

Remember the last time you stood on a street corner in the rain, waiting for an available taxi to drive byand pick you up? Me neither. Instead, we pull out our smartphones, tap the Uber app, and within ten minutes or less, our driver arrives-all while we wait inside, warm and dry.

Modern technology has introduced us to numerous ways to address our daily needs directly from our smartphones. Banking services, shopping, music, communicating with others—all at the touch of an icon. And just when we thought we had it all, e-hail apps, such as Uber, emerge to make our lives even easier. In an unfamiliar city and want to go to dinner? Tap the app. Want to attend a concert downtown but don’t want to fight the traffic? Tap the app. Out late with friends and ready to go, but your driver isn’t? Tap the app. An Uber driver can take you wherever you need to go. Using Uber’s services is quite simple: tap the app, schedule a pickup location, and request a ride. A driver in the area accepts the request, and you get an estimated time of arrival. The fare is automatically charged to the method of payment you have on file, so there are no cash transactions or payments of any kind at the time of service. Plus, to avoid any cost-related surprises, there is an option to estimate the fare amount before you send your request.

Like every law in every State it depends on who you talk to.

 In 2014, the Florida Office of Insurance Regulation, FOIR, required that Uber and the drivers provide insurance coverage for accidents.

Unfortunately, FOIR delegated another Florida agency to decide whether Uber's insurance meets all of the state requirements. The second agency, the Department of Highway Safety and Motor Vehicles, had to decide whether the corporate policy, and the drivers’ personal auto policies provides the insurance coverage necessary under Florida laws. As of publication the State of Florida has still not resolved this issue. This means you as a consumer may not have enough insurance coverage for an accident. 

VERY DANGEROUS.

The above article is general in nature and should not be relied upon for specific legal advice.

Every legal situation is different.

Gordon T. Nicol, Attorney at Law

www.YourJacksonvilleLawyer.com

Legal Representation through the State of Florida  

7545 Centurion Parkway, Suite 108

Jacksonville, FL 32256

E-mail: [email protected]

Ph.: 904-384-4911

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11 Facts To Know Marine Corps 240th Birthday

http://www.al.com/news/index.ssf/2015/11/marine_corps_240th_birthday_no.html

Your Jacksonville Lawyer, P.A. Attorney Gordon T. Nicol 7545 Centurion Parkway Suite 8 Jacksonville, FL 32256 [phone] www.yourjacksonvillelawyer.com

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Top 5 Causes of Truck Accidents

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       I.            Faulty Truck Tires- Most of the time failure comes from manufacturing defects. With older trucks especially, failure of a steering axle can lead to total loss of vehicle control. Any attorney investigating a truck accident should seek an expert to help examine the tires.

     II.            Fuel System Defects- This could be fuel line failure, fuel filler pipe failures, or not having a safety valve to prevent fuel from escaping. Most trucks have “side saddle tanks” which are the diesel fuel tanks on the outside of the frame rails. The major problem with this is hauling highly flammable fuel on the outside of the truck that is not protected by frame rails is if there is an accident the truck can easily catch on fire.

  III.            Defective Underride Guards- More than 400 drivers and passengers are killed each year because of insufficient underride guards. The reason being is there is a fault in the guard that allows vehicles to submarine beneath a semi-trucks trailer in the happening of an accident.  

  IV.            Crash Worthiness Claims- Not only is an undependable semi-truck dangerous to other drivers on the road, but also the truck driver themselves. The main issue that can affect the driver is the lack of emergency exits. There is no way for a person to escape if a truck becomes mutilated and the door does not open.

Truck Breaks

- This is quite possibly the most common reason for trucks getting into accidents. Simply because semi-trucks use air breaks instead of hydraulic like cars do. These type of breaks are a lot harder to maintain and a  lot less effective. If not very well taken care of they can easily not work properly.

Your Jacksonville Lawyer, P.A. Attorney Gordon T. Nicol 7545 Centurion Parkway Suite 8 Jacksonville, FL 32256 [phone] www.yourjacksonvillelawyer.com

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Keeping Kids Safe This Halloween

Under Florida law, sexual predators are required to update each county where they live. Under the law, sexual predators are not able to come in close contact with children. This means no trick-or treaters.

How best to protect children?

A number of Florida counties are erecting signs in front of the homes of sexual predators listing their name.

County sheriffs are warning children, and their parents, to never never let children go into any one’s homes under any circumstances to get candy.

Be careful of homes that are not well lit.

Make sure that you carefully check all candy before letting the kids eat any.

More information on protecting your children from sexual predators is available on line at floridaoffenderalert.com.

The FDLE website for sexual predators is fdle.state.fl.us/offender/homepage.

Stay safe !

Your Jacksonville Lawyer, P.A. Attorney Gordon T. Nicol 7545 Centurion Parkway Suite 8 Jacksonville, FL 32256 [phone] www.yourjacksonvillelawyer.com

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Prison for Doctor and his Wife in Drug Deaths

(Photo KSN File Photo)

           “It was motivated purely by greed” is the statement made by the judge after Dr. Stephen Schneider was sentenced to 30 years and his wife 33 years in prison. This sentence came after the judge sided with the prosecutors and reassessed the original sentence the couple was found guilty in a moneymaking conspiracy that was linked to 68 drug-over-dose deaths. This was not the first time the punishment was given to them though. In 2010 in Wichita, Kansas the couple was convicted of conspiracy to commit health care fraud resulting in death, unlawfully prescribing drugs and money laundering. The couple’s clinic had as many as 10,000 patients and now they will have none.

Your Jacksonville Lawyer, P.A. Attorney Gordon T. Nicol 7545 Centurion Parkway Suite 8 Jacksonville, FL 32256 [phone] www.yourjacksonvillelawyer.com

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Who can. Who won’t.

“Until you get $300 here tonight, you won’t be able to leave”. This was the statement caught on video being said by Municipal Court Judge Richard A. Diment to a man for a simple traffic violation. Although, to a court room full of people this comment sounded racist coming from a white judge to a black man Judge Diment decided to explain his controversial comment. The judge has never actually jailed someone for not being able to pay a ticket but he said it brought to light the question whether people can’t or just won’t pay their fines.

The Supreme Court has ruled that the poor cannot be jailed merely for their inability to be able to pay a penalty. On one hand civil rights advocates would like to see a thorough investigation of a persons’ income and assets to see what they can and can’t afford. While Judges have been known to determine their decision solely on if the defendant is wearing expensive clothing. The way Judge Diment looks at is as if someone is threatened with jail and they have the money they will pay. He also stated realistically checking someone’s income in unfeasible for a fine that may only be a few hundred dollars.

A study done in New Hampshire back in 2013 showed that it cost $167,000 to jail people who owed only $76,000 in fines. Sarah Geraghty, A lawyer with the Southern Center for Human Rights saw the video from the courtroom and encouraged Bowden Georgia to change their practices. Some of the new changes will be advising defendants of the right to counsel before they enter a plea, eliminating the practice of requiring immediate payment under treat of jail, ad to stop requiring defendants to ask family & friends to pay their penalties. Another discussion was waiving a poor persons’ penalty but this would eventually just lead to more problems. Judge Diment said “many people are not going to do what they’re supposed to unless you apply pressure”. He said discretion needs to be used if fines need to be lowered or converted to community service.

Judge Diment is well aware that the population in Bowden is poor but states the court ruling of Bearden v. Georgia that defendants must make a bona fide effort to seek employment or borrow money to pay the penalty. As long as there are economical obstacles this is going to be a continuous battle between we can’t and who doesn’t want to.

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Man Indicted in Parents’ Deaths

Man on U.S Marshals most wanted list finally captured in Florida 15 months after his parents were found strangled in their New Hampshire home, Matthew Thomas Dion was indicted by a grand jury. He beat and then strangled his 67 year old mother and 71 year old father then went back several days later to set their house on fire. Although he was a resident of New Hampshire Dion was arrested in Orange Park, Florida at the Astoria Hotel where he has been staying for a few months.

Kim Grieves was the ex- girlfriend of Dion’s who called himself “ Cam Buchard” His story was he moved from Atlanta after his son was killed in a car accident and was saving up money for a place to live. Miss Grieves broke up with Dion shortly before he was caught because she had a gut feeling something was not right with him. She had no idea he was wanted for such a brutal murder charge. Grieves said she felt so guilty because she introduced this man to her daughters not knowing what he was capable of.

Dion was indicted last week in Manchester, New Hampshire on two counts of first-degree murder, two counts of second-degree murder and arson. Aside from the charges stemming from his parents Dion was also charged with three counts of possessing child sexual abuse images. Dion is being held without bail.

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Domestic Violence Awareness Month

October is Domestic Violence Awareness Month, and so it is important to spread awareness. Most Domestic Violence is NEVER reported. Though domestic violence occurs mostly from man to woman violence, nearly 3 million men are abused every year. When clients come to our office with reports of domestic violence, they want to know what they can do to protect themselves. First off, more often than not, the abused party hasn’t ever reported their abuser to the police. It is helpful if the party reports the abuse. It is scary and can be a risk to report the abuser to the police, but documenting your abuse is vital to providing proof of the abuse. Second, the abused person can seek an Injunction for Protection. There are different kinds of Injunctions, but the most common for domestic violence abuse is the Domestic Violence Injunction, Florida Statute 741.30. This Injunction allows an abused party to receive protection if he/she has been abused or has reasonable cause to believe he/she is in imminent danger of being abused. The protection can provide for a certain distance that the abuser can come in contact with the abused person, that no violence can be committed on the abused person, that the abuser cannot own/carry any weapons or firearms, etc. The injunctions can be formatted to each person’s specific situation. The abused person can either hire an attorney to file on his/her behalf, which we recommend so that the process is done correctly, or can go down to his/her local courthouse and file the paperwork and a judge will usually permit a Temporary Injunction for Protection for a 30 day period to go into effect until a hearing is held to determine whether a permanent injunction will be given. The aid is out there for an abused person to leave their abuser. If you are a person or know of a person in need of help, the Florida Coalition Against Domestic Violence has a 1-800-500-1119 hotline that can direct you to someone who can help.

Your Jacksonville Lawyer Attorney Gordon T. Nicol 7545 Centurion Parkway Suite 108 Jacksonville, Florida 32256 [phone] [email protected] www.yourjacksonvillelawyer.com

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Cops Run Over Man Lying in Road

Bill Mcintire was laying in the road when he was run over by a Tampa police officer.(Photo: Family photo)

Tampa Police Officer Jeremy Dabush will not face charges for striking and killing a drunk man who was laying in the middle of the road. William Dale McIntire was passed out in the middle of the street back in June while Officer Dabush was working undercover and heading to a call he received about a robbery in progress. The medical examiner stated the officer’s tire of his green SUV ran over Mr. McIntire’s head. State Attorney Mark Uber said that this was something that was going to happen whether it was Dabush or someone else. An Attorney hired by the family of McIntire’s family said he was going to push for a second opinion from the Department of Law Enforcement.

Under Florida law the State Attorney is required to investigate allegations of police misconduct. This requirement is in addition to the internal investigation conducted by the police department itself. This should, in theory, serve as a check and balancing for the legal system. But not always, allegations of bias between the State Attorney’s Offices in favor of the Police Department commonly arise.

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Attorney Gordon T. Nicol

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Woman arrested for impersonation

Impersonating a public officer, hindering apprehension or punishment of a criminal, impersonating in legal proceedings and false statements are the felonies Virginia Fachko in Louisiana was charged with on September 24. She told law enforcement that she was a representative of the U.S Army and was allowed to take her friend who had been arrested into her custody. At the time Fachko had a valid military ID and orders, which later on proved to be fake. She had taken the man to a clinic in Camden County for vet with post- traumatic stress disorder. Once there clinic workers started to feel as if Fachko’s story was not adding up. The sheriff’s office was called in and Fachko later admitted that the entire scenario was made up.

           Florida has similar statutes. Under Florida law she would be charged with four felonies. The first one being impersonating a U.S Army Serviceman. The second, interfering in punishment of a criminal, next misrepresentation in a legal proceeding and lastly concealing facts of a crime. Florida laws provide far more than a year in prison. Charges can be plea bargained to drop the charges to misdemeanors depending on the legal fight.

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Corporate Greed?

It's disgusting. Jarred the Subway Sandwich spokesman pled guilty to molesting more than ten young girls. It's disgusting. He met the majority of girls on line - including a couple of teens he met on craigslist. The sicko also went to Thailand multiple times to molest young girls. Thailand has a long history of disgusting perverts preying on kids. I thought Thailand was cracking down on perverts? (Reuters 2015) How could you not notice the Subway spokesman with all these Thai kids? So much for cracking down. At least his wife left him. She filed for divorce when he entered his plea. The pervert will be spending the next ten years in jail. Not the rest of his life just ten years. These kids will most likely be messed up for life but our celebrity spokesman gets a couple years. A different standard definitely applies when you are a celebrity. The "best" part? Multiple mid-level executives reported their concerns to the CEO. The CEO's response? Let's just ignore it. If the CEO had done anything who knows how many young girls would have been saved from the sicko? Better to sell subs than report your spokes person? What about the mid-level executives? All you had to do was pick up the phone and call the police. These cowards could even have made an anonymous report. But better to make a profit. It's not enough to blame Jarred alone. Any corporation that would stand by and do nothing should be boycotted.

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Sexual predator on death row for murder wants a "do over" trial. Seriously dude?

Green Cove Springs, Florida: Sexual predator on death row, Leo Kaczmar, was found guilty by a jury for murdering his father’s girlfriend in 2014. Kaczmar is a convicted sex predator convicted for using the internet to attempt to solicit an underage girl for sex in 2005. After being sentenced as a sexual predator, in 2005, Kaczmar stabbed his father’s girlfriend to death, in 2014 – the autopsy showed that he stabbed her more than fifty times. Then after he stabbed her to death he set her home on fire to try to cover up the crime. The State Attorney offered him a plea deal of life in prison without parole to avoid the death penalty. Kaczmar refused to take the plea deal. After he was convicted the jury had to make the tough choice whether he get life or death. His attorney wasn’t able to argue for life without parole because Kaczmar refused to let the attorney make the arguments as to Kaczmar’s history. His attorney wanted to make the arguments to avoid the death penalty. The attorney was trying to possibly explain Kaczmar behavior. Kaczmar had been physically and sexually molested growing up and was addicted to both alcohol and crystal meth. Without any arguments the jury recommended the death penalty. Now the Florida Supreme Court is taking a look at the case. Kaczmar is arguing that he doesn’t t want to die. He is essentially asking for a “do over.” Seriously dude? 

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Gordon T. Nicol

7545 Centurion Parkway

Suite 9

Jacksonville, FL 32256

[phone] FREE CONSULTATION

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 Tasered and arrested.

A plane in the U.K. had a hard time getting off the runway. A passenger got in a fight when the airline told him that he could not bring his two pieces of luggage on his flight. The flight crew called the police and had him escorted off the flight. When he began to argue with the police that's when they hit him with the Taser.

After he was on the ground shaking from the taser that's when they arrested him. Oh and yes the plane was able to take off… three hours late. Some of the passengers were glad that he got slammed with the Taser because he was causing a scene. Most of the passengers were just ticked off because the flight was delayed. Who knew that two pieces of luggage would get you tasered and arrested?  

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Double homicide in St. Augustine.

A St. Augustine man is accused of violating a domestic violence injunction and shooting and killing his wife. James Cooley also shot and killed one of his wife’s friends. His estranged wife had taken out the domestic violence injunction just hours before he killed her. The Judge had ruled that Cooley had broken into her house and taken all of his wife’s clothes into the back yard and set them on fire. The Judge ordered the injunction because Cooley had broken into the house because he believed she was sleeping with another man. Cooley had also driven by the house every hour day and night to see if he could “catch “her with another man. He had also been stalking her with text messages. Cooley was terrorizing his wife by threatening to kill his wife’s dog.

Only hours before the shooting he was sentenced to batter’s intervention and was ordered to have no contact with his wife. The injunction was to have kept him from having guns but it didn’t work.  Even if someone surrenders any guns it doesn’t stop them from buying another gun or only surrendering one gun. If you want to kill someone or if you are mentally ill the injunction won’t stop someone. Colley was arrested in Virginia and was extradited to St. Augustine. His public defender entered a plea of not guilty.

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Gun violence-should there be stricter gun laws?

Just last week, viewers of a local news station witnessed the horrifying murders of two news workers. This event strikes up the controversial question of whether there should be stricter gun laws. It would be much easier to blame someone if the shooter had gained access to the firearm illegally, but his gun was obtained lawfully. This complicates matters for gun enthusiasts and opponents because it is hard to come to a solution to make everyone happy. Those who oppose stricter gun laws hold steady on the 2nd amendment argument and argue that people, not guns, kill people. Those in favor of stricter gun laws base their argument on the high amount of gun violence in the U.S. Whether you agree with one side or the other, the fact of the matter is that last week two innocent, young people were murdered on live television and people are demanding action.