[tabi] Re: a suggestion for the white cane law
- From: "Chip and Allie Orange" <acorange@xxxxxxxxxxx>
- To: <tabi@xxxxxxxxxxxxx>
- Date: Tue, 21 Jan 2014 14:39:03 -0500
Robert,
Well, you could kick your request upstairs to the city manager’s office; the
chief reports to them I believe.
Chip
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of
Easy Talk
Sent: Tuesday, January 21, 2014 2:08 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: a suggestion for the white cane law
HI Chip,
I think that is a very good suggestion. I have tried to get a email address
for Chief DeLeo and after I talked to 3 different people and Sila did the same
no one new it. I then called TPD and ask to speak to the chief. He wasn't in
so I ask if they could have him return my call. This was on Sunday. The
dispatcher who no longer are actually part of TPD any more kept trying to get
me to talk to the watch commander and I had to persist that wasn't who I wanted
to talk to. She finally took my number and said she would pass my request to
guess who, the watch commander. So far I haven't received a call from our new
chief. I also got a response from the hearing officer and responded to him.
It's pasted below.
I was also suppressed to find out that traffic cases have no transcripts or
recordings and this particular hearing officer has a private practice and so
far I haven't been able to find out if he is a actual employ of the court
system or just has a contractor to provide services.
My whole impression of the experience reeks of unperfeshinoalism.
Robert
Dear Mr. Roberts,
Your justification for your decision makes absolutely no sense and apparently
you
didn't listen to anything I said at the hearing. If you would take the time to
think
about what you are saying and consider the facts and logic you would know what
the
driver and the other two witness said is impossible.
1 first you and the witness say that the truck was well in to his turn before I
reached
the intersection.
I told you that I approached the corner turned right walked approximately five
feet
to the pole with the button for the audible signal. I pressed the button,
turned
around and walked back to the curb and when the audible chirp started waited
until
the vehicle on Killearn center which was coming toward me had cleared the first
lane
before I proceeded to cross Village Square. If Mr... truesdell had already
started
making his turn before I was at the intersection then he should have already
cleared
the intersection by the time I got to the corner, walked up to the pole to push
the
button turned around walked back to the intersection and waited for the traffic
to
start coming toward me. Why was he still in the cross walk when I got hit? I am
blind but not deaf so the fact that the driver said the intersection was clear
was
a lie and if you look at the report filed by officer Thompson, if memory serves
me
correctly it will support this fact. so one vehicle had already crossed the
intersection
coming toward me and is the vehicle that Mr. Truesdell turned behind. How would
I know this if I hadn't approached the intersection before Mr... Truesdell
started
making his turn.
When the dog stopped I was near the front of his trailer, I know this because I
could
hear the location of the engine and stood there very close to the truck as it
passed
and was struck by a blinker that was sticking out about mid ways of the trailer.
I know this because there was another witness who wasn't given a notice to
appear.
It was the lady that made the call to 911 that told me about the blinker. She
had
a small baby in the car but gave her name and number to the lady witness that
you
seemed to thingk was so credible. This witness was also referred to in Officer
thompsons
report and actually saw the whole incident. In fact she was standing by me while
I was still laying in the street and handed me her cell phone to tell the 911
operator
whether I needed a ambulance or not. Did you check or ask Mr.. truesdell if
his
trailer had a blinker that stuck out mid ways of the trailer. The facts that
prove
this is the fact that I had a bruise on my right arm mid way between my elbow
and
shoulder. You ask Mr.. truesdell if he stopped and he said yes but you never
determined
where and when he stopped. Yes he did stop but only after his entire truck and
trailer
had cleared the cross walk. Where he should have stopped was on Killearn Center
and waited for the next green light when there wasn't a blind pedestrian
attempting
to cross the street.
How is a blind person suppose to know a vehicle is going to make a turn? hence
the
purpose of the White Cane law.
All of this aside, there are only two elements needed to affect a violation of
the
White Cane law. The first being that a blind person with a white cane or guide
dog
is attempting to cross a street. The second is that a vehicle doesn't stop for
that
person. It doesn't say anything about if a vehicle is well in to there turn.
It
doesn't say the blind person has to be hit and it doesn't say anything about
where
or what part of a vehicle the blind person impacts. it simply says the driver
is
required to stop and if they don't it is a violation of the law. Case closed.
This is exactly why I asked you to please read the law and in fact am amazed
that
you didn't prior to the hearing or at least you didn't indicate that you had. If
you are familiar with the Florida pedestrian safety law then you would know that
as long as a pedestrian is obeying a traffic signal then a motor vehicle is
required
to yield to the pedestrian.
Although it is erivelent, Next you say
). The eyewitnesses (two) further stated
that it looked like your guide dog stopped and your momentum carried him into
the
rear portion of trailer
. According to all witnesses, you impacted the rear portion of the trailer which
is consistent with the fact that that the truck had almost cleared the turn
before
you reached the intersection.
I am not sure what you are saying here but it sounds like you are saying my
forward
momentum carried the dog in to the trailer. There is no way the dog could have
been
carried in to the trailer, he isn't tall enough. he would have went under the
trailer.
As far as me impacting the trailer, that isn't true either. If you run in to a
wall
what is the first part of your body to hit? your head or possibly your feet,
believe
me I know. Was there any indication or testimony that my feet had been run over
or that I had any injuries to my head? no. If you noticed when I approached the
podium
walking with my dog, his rear flanks are near my left leg which means his head
and
nose are around 2.5 to 3 feet in front of me. If I had had impacted the trailer
at any point the dog would have been under the trailer and if the truck was
moving,
he would have been run over hence the testimony you place so much value on is a
bunch
of crap.
Robert
----- Original Message -----
From:
Gary Roberts
To:
'Easy Talk'
Cc:
mccaulo@xxxxxxxxxxxx
Sent: Monday, January 20, 2014 2:53 PM
Subject: RE: injustice for the blind
My Reasoning for my decision to dismiss the citation:
The independent eyewitnesses said the truck (a tractor/trailer) was turning well
into the intersection
before you and your his guide dog reached the intersection
. This supported the position taken by the truck driver (who stated that the
intersection
was totally clear and he had almost completed his turn when he looked back [for
a
second time] a saw you and stopped his truck). The eyewitnesses (two) further
stated
that it looked like your guide dog stopped and your momentum carried him into
the
rear portion of trailer
. According to all witnesses, you impacted the rear portion of the trailer which
is consistent with the fact that that the truck had almost cleared the turn
before
you reached the intersection.
I discounted the testimony by the truck driver and placed great weight on the
two
eyewitness. Your testimony was very credible however; the eyewitness account
supported
the testimony of the truck driver along with your account. I am very strict in
protecting
the rights of the visually impaired and all citizens in general. As read F.S.
316.1301
(2):
Whenever a pedestrian is crossing, or attempting to cross, a public street or
highway,
guided by a dog guide or carrying in a raised or
extended position a cane or walking stick which is white in color or
white tipped with red, the driver of every vehicle approaching the
intersection or place where the pedestrian is attempting to cross
shall
bring his or her vehicle to a full stop before arriving at such
intersection or place of crossing and, before proceeding, shall take
such precautions as may be necessary to avoid injuring such pedestrian.
A person who is convicted of a violation of this subsection is
guilty
of a moving violation punishable as provided in chapter 318.
In this case, the testimony was that the truck was driving very slowly while
trying
to negotiate a turn and the truck and the trailer had almost completed the turn
before
you reached the intersection, how can I ignore that testimony, if I did I would
not
be fit to hold my position. I am sorry that you are taking the position that an
injustice was done but the independent evidence just did not help me rule in
your
favor, thank you for your email and your concerns,
Gary A. Roberts, Esq.
The Law Offices of
Roberts & Meeks, P.L.
130 Salem Court
Tallahassee, FL 32301-2810
850-513-0505
850-513-0318-fax
Email:garyr@xxxxxxxxxxxxxxxxxxx
Web:
www.robertsmeekslaw.com
From: Easy Talk [mailto:Easytalk@xxxxxxxxxxxxx]
Sent: Monday, January 20, 2014 1:39 PM
To: garyr@xxxxxxxxxxxxxxxxxxx
Subject: injustice for the blind
Case #2013 TR 037367
Citation # 5067GYO or 0
Defendant: Wesley Truesdell
Dear Hearing Officer Roberts:
I am writing to express my dismay at your decision to dismiss charges in the
above
referenced case. Your decision has set a precedence that has caused a major
injustice
to blind citizens of Florida.
If you will recall, I ask you to please read the White Cane Safety law before
making
your decision. Apparently, you did not do this, or you do not care about the
safety
of blind pedestrians, or you have no regard for the importance of the White Cane
Safety law. It is also apparent that you, as most sighted individuals aren't
aware
of the many blind people that have been struck by vehicles in the state of
Florida
and in many cases, the drivers leave the scene. Can you give me any kind of
justification
for your decision after reading the White Cane Safety law? Based on the
testimony
given at the hearing and the White Cane Safety law, I can't think of any logical
reason for your decision and question your ability to be a fair Hearing Officer
who
is supposed to uphold the laws of Florida.
It is my intent to contact the local press and the Chief of TPD to make them
aware
of the injustice you are responsible for.
I hope you will take the time to read the information below. Perhaps then maybe
the
next time a blind person is hit by a vehicle, you might be able to make a
reasonable
and informed decision that supports Florida law. Can you show me anything in
the
White Cane Safety law that justifies your decision?
I believe that Officer Thompson should be reprimanded for not showing up for the
hearing. It also amazes me that you are a Traffic Hearing Officer who is totally
unaware of the vehicle and pedestrian problem in Tallahassee and Leon County.
Within
the last 9 months, there was an article in the Tallahassee Democrat that stated
between
2010 and 2012, over 187 pedestrians were struck on Tennessee Street near FSU.
Since
I was hit in August, over 8 other pedestrians have been struck, causing serious
injury
and in some cases, death. If you continue to render decisions as you did in
this
case, the situation will only get worse.
Shame on you!
Robert Miller
----- Original Message -----
From: Chip Orange <mailto:Corange@xxxxxxxxxxxxxxx>
To: tabi@xxxxxxxxxxxxx
Sent: Tuesday, January 21, 2014 1:03 PM
Subject: [tabi] a suggestion for the white cane law
Maybe the TCB and the NFB should have a joint meeting at the lighthouse
(inviting anyone from the public who is interested), and get the new TPD chief
to come and talk on the white cane law and exactly what it means? Let him know
ahead of time that this is what the desired topic is, in order to give him time
to prepare and research his presentation. This way, we can get questions such
as the one Robert raises here answered definitively. It would also serve to
put the TPD on notice, in a very polite and low-key way, that we expect the law
to be enforced.
Chip
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of
Easy Talk
Sent: Monday, January 20, 2014 12:08 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: Today is a sad and shameful day
Amnd the other sad thing is that the hearing officer can't even read the White
Cane law and comprehend what he just read. He gave the reason for his decision
was that the truck was already initiating his turn which is exactly what the
white cane Law says you don do. It says every vehicle shall stop to allow the
pedestrian to safely cross the street and has no exemptions for 18 wheelers.
The driver said he had already started making his turn which to me is addition
that the White Cane Law was violated.
The law says stop not start turning.
I firmly believe the whole thing was rigged from the get go. This guy came all
the way from Miami with out a lawyer and the cop doesn't show up. Sounds fishy
to me.
Having a degree in Criminology and working in law enforcement I know if a cop
wants to get a case thrown out just don't show up. There was another witness
who actually saw the whole thing and made the call to 911, left since she had
a small baby in the car but gave her phone number to another witness which was
given to the officer she was never contacted by the police and wasn't
summonsed to appear. The witness that the judge based his decision on was
about half a block down from the intersection and didn't actually see me get
hit since there were other cars between me and her. For some reason the
hearing officer said I got hit by the back of the trailer which is totally
wrong. I never got hit by the trailer any where, a blinker that was sticking
out about mid ways of the trailer is what hit me and I know this because the
witness that left told me that is what happen and she was standing right by me
while I was still laying in the road and she handed me her phone to talk to the
911 operator. Anyone who uses a guide dog knows that the dogs back flanks are
near your left leg which means the dog could be 2.5 to 3 feet in front of you.
If I had been hit by the trailer Sherman would be dead.
Robert
This nothing but good old boys doing there good old buddies favors.
Robert
Robert
----- Original Message -----
From: Shelley Sawyer <mailto:seabelle913@xxxxxxx>
To: tabi@xxxxxxxxxxxxx
Sent: Monday, January 20, 2014 11:20 AM
Subject: [tabi] Re: Today is a sad and shameful day
It is my understanding that if the investigating officer doesn't show up for
court, the charges and the case are almost always dismissed. In all
probability, Officer Thompson knew what she was doing. How truly sad this all
is. Even worse, how truly scary it is for us!!
Shelley
----- Original Message -----
From: Sila Miller <mailto:silam@xxxxxxxxxxxxx>
To: tabi@xxxxxxxxxxxxx
Cc: fcb-l@xxxxxxx
Sent: Sunday, January 19, 2014 8:47 AM
Subject: [tabi] Today is a sad and shameful day
Good morning All,
As many may recall, Robert was struck by a semi truck while crossing a street
here in Tallahassee, in August. The driver, doubtless, trying to save his
commercial driver’s license contested the charge and a non-jury trial was set
for January 15th.
Three witnesses (including Robert BUT NOT investigating Officer Thompson who
did not show up for court) testified at that trial about the events surrounding
the incident. It was established by all witnesses during testimony that Robert
was indeed obeying traffic signals. One witness stated, “The dog should have
never left the curb”. Defendant, Wesley Truesdell testified that Robert walked
into the truck which he’d brought to a stop when he finally saw Robert.
Presiding Hearing Officer, Gary Roberts seemed thorough and fair to me and I
was hopeful that the right decision would be forthcoming, as he promised to
read the White Cane Safety law.
Unfortunately, I couldn’t have been more wrong. Today when we went to the
website for Leon County Traffic Court, we found that case #2013 TR 037367
against Defendant: Wesley Truesdell was DISMISSED.
I amended to Robert’s early August message which basically outlines events as
they unfolded for him. I do not know if the White Cane Safety law has ever been
challenged in court before but I am afraid that this will set precedence for a
safe future for blind pedestrians. I am appalled at decisions made by law
enforcers who are supposed to protect the rights, not privileges of citizens. I
have, and will maintain that driving is a privilege, while walking (crossing
streets) safely is a right.
Any recourse is gone now, as re-charging Mr. Truesdell would be
double-jeopardy. I could not feel more like a second-class citizen or less
protected by authorities. What of the Mayor’s White Cane proclamation in
October? What of Sherman’s medal of valor? How could someone “walk into a
truck” and get a bruise on the area of the upper-arm as Robert had? What of Mr.
Truesdell’s change in story which caused Tallahassee Police personnel to decide
to charge him after all? Is the investigating officer’s absence (lack of
testimony) representative that the police department actually believes Mr.
Truesdell is not at fault? Is Robert’s persistence in demanding that Mr.
Truesdell be charged with the White Cane Safety law and upsetting Officer
Thompson who wasn’t going to charge Mr. Truesdell with a violation an excuse
for not upholding the White Cane Safety law, clearly broken, even if Robert
“walked into that truck”? Am I reading the White Cane Safety law incorrectly to
believe that the driver is at fault for entering the intersection while a blind
pedestrian was in process of crossing with a guide dog?
----- Original Message -----
From: Easy Talk <mailto:Easytalk@xxxxxxxxxxxxx>
To: Kirk Harmon <mailto:kvharmon54@xxxxxxxxx> ; Mike Ulrich
<mailto:mulrich@xxxxxxxxxxxxxxx>
Cc: fcb-l@xxxxxxx
Sent: Monday, August 05, 2013 5:49 AM
Subject: Re: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With DeathAt
An Intersection
Just getting law enforcement to be aware of the White Cane law would be a major
step and more important is getting them to have the right attitude. In both
cases where I was hit I had to demand that the driver be charged with violating
the White cane law. As soon as you ask the officer if they are aware of the
law, they get defensive and cop the attitude that you are trying to tell them
how to do there job. The first time I was hit, the officer did charge the
driver but when I got home, I got a call from the officer and he told me he was
going to resend the ticket since the driver of the car behind the one that hit
me saw me push the wrong button. In my most recent situation, the officer told
me she wasn't going to site the driver since he was driving a semi and they
take more room to make a turn and he was already making his turn when I
started to cross the street which was a lie.
The street I was crossing was 3 lanes and I was almost across the second lane
and approaching the third lane when he made a rolling right turn on green.at
which point when Sherman stopped, I was about 18 inches from the truck, As I
was cursing the driver, a blinker sticking out about mid ways of the trailer
hit me on the back of my right arm and knocked me down since I had Sherman's
leash in my right hand.
At some point I transferred Sherman's leash to my left hand and as I was
falling, Sherman pulled me back and to the left which is what kept me from
going under the truck. The first thing the driver said when he got out of his
truck was, I didn't see you man, I'm sorry. By the time the officer arrived on
the scene The driver figured out, it wouldn't be a good thing to tell the cop
he didn't see me so he told her he saw me waiting to cross the street but he
was already making his turn and basically I walked in to the side of his truck.
When I tried to explain all this to the officer, she was having no part of it
and kept saying what the other witnesses said of which there were 3 other than
the driver and the 3 witnesses certainly didn't say to me what the officer was
saying so I ask her what witnesses she was referring to and she said she was
talking about the driver of the truck. I ask her what about what I was telling
her, that I was a witness and I was there and I was still alive. I certainly
got the impression she thought since I couldn't see I wasn't a credible
witness. This pissed me off and so I told her, lets look at the evidence and
explained to her based on where I was hit by the blinker and where I was in
the road there is no way the accident could have happened the way the driver
said it did. After standing out in the sun for 45 minutes while the cop was in
her car talking to her sergeant and dispatch, she came back and I ask her if
she had read the white cane law she said yes. I then ask her if she was going
to site the driver and she said no. She said I was free to go. I told her she
hadn't heard the last of this and when I got home, I called the police
department and spoke to SGT Simms and explained basically what I have posted
here and he backed the officer's decision and even inferred for some time she
didn't even know I was blind and the driver didn't either. I informed SGT
Simms they would be hearing from my attorney. I called back a few minutes
later to request a copy of the police report and by that time things had
changed and I was informed that the driver had been sited for violating the
White Cane law but they weren't going to site him for violation of the
pedestrian safety law.
Until we get the legislation passed we have been trying for the last 3 years
each incident will be your own battle but isn't going to do anything to change
things state wide.
If you want to read how screwed up what some sighted people thing about blind
people and the White Cane law, go to wctv.tv and open the link to the article
and then hit space bar on the like button. the comments start after the third
header on the page.
Robert
----- Original Message -----
From: Kirk Harmon <mailto:kvharmon54@xxxxxxxxx>
To: Mike Ulrich <mailto:mulrich@xxxxxxxxxxxxxxx>
Cc: Easy Talk <mailto:Easytalk@xxxxxxxxxxxxx> ; <mailto:fcb-l@xxxxxxx%3e>
<fcb-l@xxxxxxx>
Sent: Sunday, August 04, 2013 8:05 PM
Subject: Re: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With Death At
An Intersection
Good for you Mike! As far as you your quest for solid white miniature candy
canes attach to the law we did that in Orlando many many years ago when we went
back to do it for the last time the manufacture of the candy canes that gave us
white candy canes a quick Mcmanimon know we could get was the red and white or
gray and whiiings. Good luck to you as I worked hard on finding another
manufacturer that would provide us with a solid white miniatur to no avail. As
far as getting the public To become familiar with the Whit can e law, it will
be in matter of consistency
by our law enforcement community to site people when they make the infraction
of this law and to continue doing so here and you're out it is also a wise
idea, I believe, to educate the new young drivers through high schools etc..
Consistency in longevity yin my opinion through these law enforcement efforts
will be the only way people will actually realize this law is there to be
followed I believe also we will save many many lives in the long run. Kudo to
your efforts, Kirk
Sent from my iPhone
On Aug 4, 2013, at 7:35 PM, "Mike Ulrich" <mulrich@xxxxxxxxxxxxxxx> wrote:
Holy cow Robert!
Glad to have you back among the living breathing and still walking!
Speaking of Too close for comfort close calls, I will be working with our City
of Cape Coral Police Department’s Public Affairs Officer; Lieutenant Tony
Sizemore with a new program.
This will be a program in which the traffic officers will be handing out
warnings to motorists breaking the right turn on red law, and blocking of
Pedestrian cross walks, that is, stopping past the stop bar.
At least this is where it stands as of now. I intend on bumping it up to
include educating the driving public on the White Cane Law of Florida. But it
is now at the first step of the poker game! Know what I mean?
What I’d really like to do, is to get the officers to hand out a card with the
Florida White Cane Law printed on it along with a kind of candy cane type
candy, but shaped like a white cane!
I’m having a hard time locating a candy making company that could make these
White Cane candies in bulk, at either a pro-bono price or at as little price as
possible.
The Police Department will be blasting out this program to all of its Social
Networks and through the local media outlets as a program of the Cape Coral
Police Department in cooperation with the Southwest Florida Council of the
Blind.
They will be doing this program as a two pronged approach. Starting right now,
and during the week of October 15 National White Cane Safety Week!
I am looking very much forward to working with the CCPD with this whole
program, but it all depends on the driving public actually remembering not only
the White Cane Law, but to look out for all pedestrians in general, and that’s
always the big crap shoot! Ain’t it?
Good luck to all, and let’s be careful out there!........Mike
Michael D. Ulrich
President
Southwest Florida Council of the Blind
“Providing Insight for Blindness”
Home phone: 239-540-7431
Cell phone: 239-565-5845
Email: mulrich@xxxxxxxxxxxxxxx
From: fcb-l-bounces@xxxxxxx [mailto:fcb-l-bounces@xxxxxxx] On Behalf Of Easy
Talk
Sent: Sunday, August 04, 2013 8:07 AM
To: fcb-l@xxxxxxx
Subject: [fcb-l] Fw: [tabi] Blind Tallahassee Man Has A Brush With Death At An
Intersection
----- Original Message -----
From: <mailto:Easytalk@xxxxxxxxxxxxx> Easy Talk
To: <mailto:tabi@xxxxxxxxxxxxx> tabi@xxxxxxxxxxxxx
Sent: Sunday, August 04, 2013 7:58 AM
Subject: [tabi] Blind Tallahassee Man Has A Brush With Death At An Intersection
Blind Tallahassee Man Has A Brush With Death At An Intersection 8-3-13 11pm
By: Bailey Myers
August 3rd, 2013
Tallahassee FL - A blind Tallahassee man had a brush with death Saturday at the
intersection
of Killearn Center Boulevard and Village Square.
Robert Miller explained, "If it wasn't for him...um...you would be doing a
different
story."
It's a story about his seeing eye dog, Sherman, who saved his life. Robert
Miller
has been blind since he was born, and has depended on his seeing eye dogs since
he
was seventeen, but on Saturday that bond between man and dog was tested.
"He lunged to the left and back, pulling me away from the truck," Miller said.
Miller also said Sherman stopped him in the middle of the cross walk before a
semi-truck
rounding the corner was able to fully hit him. Instead it only hit his right
arm,
knocking him over in the middle of the intersection.
"And I've been hit twice at that intersection, and it could very well have cost
me
my life," said Miller.
Both Miller and his wife Sila, who is also legally blind, take that walk every
day.
Hoping that people obey the traffic laws.
Particularly one law, Florida's White Cane Law, which states: "Whenever a
pedestrian
is crossing... guided by a dog guide or carrying in a raised or extended
position
a cane... the driver of every vehicle approaching the intersection...shall bring
his or her vehicle to a full stop. "
The difficulty is, it doesn't seem like many people know about the law. When
asked,
'Have you ever hear of the white cane law' one passer by said, "No I've never
hear
of that."
Eyewitness News Reporter Bailey Myers asked more than a dozen passersby, and
they
all had the same answer, 'No, I don't know it.'
According to Miller even the police officer who arrived after he was hit didn't
know
about it either.
Robert's wife Sila Miller said, "It's very frustrating when your independence is
compromised like that by someone just being in a hurry or not paying attention."
Both of the Millers have been hit by a car at that intersection. Now, they just
hope
Florida's Legislature addresses the issue and work to get the word out about the
White Cane Law.
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