ABATE of FL's Stiffer Penalties Bill Passes 1st Committee
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 Lobbyist, 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.
FHP Seeking Help to Identify Driver Who Left Motorcyclist for Dead
Naples, FL, October 31, 2011- The Florida Highwy 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.
Court Date Set for Killer of Motorcycle Passenger
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.
Civic Leader Sentenced to 10+ Years for Killing Biker
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.
Civic Leader Changes His Plea to “Guilty”
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 ˝ 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 ˝ 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.
FL State Representative & Two Judges Helping Biker’s Killer
Lake County, FL, August 16, 2011 – The friends and family of Mount Dora, FL’s Herbert "Steve" Muller had to bear terrible news when learning that he had been killed in a crash. His death was a result of a crash allegedly caused by Lake County civic leader Bruce Duncan as Muller was riding his motorcycle back from Biketoberfest on October 17, 2009. The Florida Highway Patrol reported that Duncan was attempting to make a left turn, crossed into the motorcycle’s path, and hit the left side of Muller’s bike. FHP also reported finding a ˝ empty bottle of vodka in Duncan’s truck as well as his Blood Alcohol Level being twice the legal limit.
Now, almost two years later, it seems that Muller’s friends and family have to bear even more distressing news, this time an obvious slap in the face. According to the Orlando Sentinel (8/7/11), Florida State Representative H. Marlene O'Toole (R-Lady Lake), Circuit Judges G. Richard Singeltary and T. Michael Johnson, President of Lake-Sumter Community College Dr. Charles Mojock, Tavares City Administrator John Drury, Executive Director of Lake EMS Jim Judge and fourteen other community leaders are listed as defense witnesses in the upcoming hearing.
After not being able to previously reach a plea agreement in his DUI Manslaughter case, it is believed that Duncan will plead “No Contest” or “Guilty” at the hearing. His attorneys will most likely then have all 20 witnesses speak on behalf of Duncan’s character. Their goal would be to show that the fatal crash was "an isolated incident for which [Duncan] has shown remorse" and ask the judge to impose a sentence more lenient than established state sentencing guidelines which call for 9 ˝ to 15 years for allegedly taking Mullen’s life.
Being one of the top Motorcyclists’ Rights Organizations, ABATE of Florida feels the pending testimony by these elected and appointed officials is nothing other than a total abuse of their positions. Members of Florida’s Legislature, judges, town officials, and other government officials are all put into their occupations to work in the best interest of taxpayers, not to defend the actions of a personal friend that got drunk, made the wrong decision to drive his truck, and allegedly cause a crash that killed a biker.
ABATE of Florida, Inc.’s Lake County Chapter will be at this Sentencing Hearing in mass. The hearing will be held September 19, 2011 8:30 am at the 5th Judicial Circuit Court located at 550 W. Main St. Tavares, FL. Contact Lake County Chapter President Casey Staley at 407-469-2455 or president@lake.abateflorida.com for additional information or to be part of the group ride to the hearing.
Motorist Going to Court After Hitting Biker
Alachua County, FL, July 29, 2011 – On August 9, 2010, ABATE of Florida, Inc. Life Member Jeff Burrow was riding his Kawasaki Z1000 motorcycle through Alachua County, FL. He didn’t see the Hyundai Sonata cross into his path until it was too late. Amanda J. Skadhauge of Ocala, FL had decided to take a left turn, possibly not realizing that Jeff was already in the intersection. After landing a distance from the actual crash site, Jeff was transported to a Trauma Center to deal with the brain swelling, severe concussions, sprains, severe contusions in numerous places throughout his body, torn ligaments, and bruised organs. Three of the four days of his stay there the doctors kept him unconscious to help his body deal with the brain swelling.
Incredibly, Jeff Burrow survived this traumatic crash.
On Thursday, August 4, 2011 at 9 AM Ms. Skadhauge will be standing in front of the Court at the Alachua County Courthouse, Family and Civil Justice Center, Room 1A (201 East University Ave. Gainesville, Florida, 32601). She’s been cited with Failing to Yield to Oncoming Traffic (while taking a left turn) and currently faces a SIXTY-TWO DOLLAR FINE. To date, the court costs of $92 exceed the penalty, literally adding insult to the injury.
Motorcyclists and concerned citizenry are asked to attend this hearing on August 4, 2011 to let the Court know that the motorcyclists in Florida are paying attention to what happens in matters such as this, and that vehicle drivers must be reminded in every possible way to look out for the motorcycles sharing the Florida roadways. Contact ABATE of Florida, Inc.’s Alachua County Chapter President Jeff Longanecker at JeffLonganecker@aol.com or 352-226-0703 for more information.
--- 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.
. Contact: David “Lockdown” Rich Public Relations Trustee, ABATE of Florida, Inc. 386.490.4821 FAX: 396.490.4482 statepr@abateflorida.com
Killer of Four Motorcyclists Going to Prison… For Life and Then Some
Sumter County, FL, July 7, 2011 – On March 13, 2010 Paul Sermons got drunk, got into his truck, and decided to drive down County Road 476 in Sumter County, FL. The traffic in front of him going slower than Sermons wanted, he began passing other vehicles. The two motorcycles coming in the other direction had no chance. Sermons hit both bikes ejecting all four riders; with one rider being launched into the windshield of the truck Sermons was passing. All the motorcyclists were killed.
On June 10, 2011, Sermons was found guilty of four counts of DUI Manslaughter and one count of driving on a suspended driver’s license. A few weeks later on July 6, 2011, the Honorable Judge Hallman had Sermons in his courtroom for the last time. By the time this final hearing was over, it was decided; Paul Sermons would never again walk as a free man. Not only did Judge Hallman sentence Sermons to life in prison, he sentenced Sermons to one life sentence for each of the four people he killed as well as pulling his driver’s license for life and many fines and fees.
ABATE of Florida members from many chapters were at every hearing throughout this case. Our members were there to offer support to the victims’ families from the beginning to the end of the hearings and trial. The Court recognized our presence from our members being in the courtroom to asking potential jurors if they were ABATE members. Although justice was finally served in this case, all must understand that in the end, there were no winners.
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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.
. Contact: David “Lockdown” Rich Public Relations Trustee, ABATE of Florida, Inc. 386.490.4821 FAX: 396.490.4482 statepr@abateflorida.com
All AMA news Congressional Motorcycle Caucus gains new member February 15, 2011
The Congressional Motorcycle Caucus has a new member: Rep. Allen West (R-Fla.), the American Motorcyclist Association (AMA) reports.
West, a new member of Congress, joins others in the bipartisan group that works to promote safety for motorcyclists.
Reps. Michael Burgess (R-Texas) and Gabrielle Giffords (D-Ariz.) are the caucus co-chairs.
"I'm very pleased to be able to join the Congressional Motorcycle Caucus to work with my esteemed colleagues on issues related to motorcycling," West said. "I'm hopeful that I can make a valuable contribution to the efforts of the caucus."
Ed Moreland, AMA senior vice president for government relations, added: "It's great to have Rep. West join others in the House in their effort to ensure that motorcyclists aren't forgotten on Capitol Hill. We look forward to working with Rep. West, and the entire caucus, for years to come."
Deland, FL, November 18, 2010 – Motorcyclists have finally made the Ten Most Wanted list. Not by the FBI, but by the NTSB, the National Transportation Safety Board. The NTSB is now calling for all states to adopt a mandatory helmet law, even though all current data suggests that the wearing of a helmet is NOT as major a determining statistic on saving motorcyclists’ lives as once thought.
In 2000, ABATE of Florida, Inc. successfully lobbied to have the mandatory helmet law in Florida repealed. Although many have publicly cried out saying that motorcycle deaths have been on the rise ever since the helmet repeal, the government’s own statistics simply do not support this claim.
According to Florida’s Department of Highway Safety & Motor Vehicles’ report Traffic Safety Facts, October 2010: Motorcycles, since 2000 motorcycle registrations have risen by over 102%. With two exceptions, each year since then motorcycle registrations and related fatalities have been on the increase, but within 1% of each other when compared side-by-side. Although any death is never good news, statistically speaking this can be read to mean that the rise in the reported fatalities may be attributed to the rise in motorcycle registrations. One of the reported exceptions is the year 2009, where motorcycle registrations increased 102.4% since 2001, but fatalities only increased 63.4% in the same time frame. That same year, motorcycle fatalities were down 16% nationwide and over 25% in Florida since the previous year. In addition, the Florida DHSMV’s Traffic Crash Statistics Report 2009 reported that in 2009, over 53% of all motorcyclists killed were wearing a helmet.
With the above facts, there is no logic for a push to require helmet use. The ten-year rise in deaths can be directly attributed to the rise in motorcycle registrations. Since 2004, the State of Florida has reported that the majority of motorcycle drivers and passengers in fatal crashes have been wearing the optional safety helmet. Although motorcycle helmets may offer limited defensive measures when involved in a head-trauma accident, these numbers strongly suggest that a helmet is not the magic safety device many want them to be.
ABATE of Florida, Inc. asks Legislators to consider this fact: in Florida 61% of the motor vehicle vs. motorcycle collisions were the fault of the motor vehicle. The most common reason given by the vehicle driver was that they never saw the motorcycle. Texting while driving, hands on the cell phone instead of the steering wheel, and almost insignificant punishments when hitting a motorcyclist are all the real reasons why motorcyclists in Florida are being killed.
Florida now requires a motorcycle training program to receive a motorcycle endorsement on a driver’s license. The motorcyclists are being trained to ride safely and defensively. Helmets will not save more motorcyclists; educating the motoring public about the presence of bikes on the road and stronger motivations to drive a car or truck safely and legally should be the direction state and federal congresses take. The numbers are clear; most motorcyclists are doing their part. It’s now time for the rest of the motoring public to do theirs.
David “Lockdown” Rich
Public Relations Trustee, ABATE of Florida, Inc.
386.490.4821 FAX: 396.490.4482
statepr@abateflorida.com
