[tabi] Fw: Robert Miller 906-9821 legal advisor for tpd
- From: "Easy Talk" <Easytalk@xxxxxxxxxxxxx>
- To: <tabi@xxxxxxxxxxxxx>
- Date: Mon, 12 Aug 2013 13:36:14 -0400
Here is a follow up from Rick Courtemanche the legal advisor for TPD. I think
we might be able to make a change in Tallahassee.
Robert
----- Original Message -----
From: Courtemanche, Rick
To: 'EASYTALK@xxxxxxxxxxxxx'
Cc: Coe, Tom ; Stewart, Cheryl A
Sent: Monday, August 12, 2013 12:38 PM
Subject: FW: Robert Miller 906-9821
Mr. Miller:
I appreciate the opportunity to talk to you about your concern. Below you will
find the e-mail that I sent to the entire police department reminding them
about the “white cane law” and the obligation that motor vehicle operators have
when approaching a pedestrian who is visually impaired.
Also, I indicated that I would bring the subject up this afternoon at the
Department’s Command Staff meeting. I agree with you that our officers should
be more aware and sensitive to the laws protecting pedestrians, especially
those that have an impairment that makes it more difficult for them to travel
in the City. This is a safety issue as well as a customer service issue.
If you have any other concerns, please feel free to contact my office anytime.
Thanks.
Richard D. “Rick” Courtemanche, Jr.
Assistant City Atty./Police Legal Advisor
Tallahassee Police Department
richard.courtemanche@xxxxxxxxxx
(850) 891-4234 (w); (850) 891-4242 (fax)
From: Courtemanche, Rick
Sent: Monday, August 12, 2013 12:15 PM
To: TPD (Police Department)
Cc: Coe, Tom
Subject: FW: Robert Miller 906-9821
Mr. Miller has been in contact with the Manager’s Office and the Commissioners
about three instances where he and his wife were hit as pedestrians in the
Killearn area. Mr. Miller’s concern was what he perceived was a cavalier
attitude from the officer in citing the driver of the motor vehicle for
violating the traffic laws concerning blind pedestrians.
As a reminder, I have attached the Florida Statute reference blind pedestrians
and the requirement that they have the right of way in all instances.
316.1301 Traffic regulations to assist blind persons.—
(1) It is unlawful for any person, unless totally or partially blind or
otherwise incapacitated, while on any public street or highway, to carry in a
raised or extended position a cane or walking stick which is white in color or
white tipped with red. A person who is convicted of a violation of this
subsection is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(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.
(3) Nothing contained in this section shall be construed to deprive any totally
or partially blind or otherwise incapacitated person not carrying such a cane
or walking stick, or not being guided by a dog, of the rights and privileges
conferred by law upon pedestrians crossing streets or highways. The failure of
any such person to carry a cane or walking stick or to be guided by a dog shall
not be considered comparative negligence, nor shall such failure be admissible
as evidence in the trial of any civil action with regard to negligence.
From: Campbell, Stacey
Sent: Friday, August 09, 2013 12:42 PM
To: Courtemanche, Rick
Cc: Stewart, Cheryl A
Subject: Robert Miller 906-9821
Robert Miller phoned our office this morning. He and his wife are both legally
blind and live near Killearn behind the new Publix. Mr. Miller and his wife
have both been hit by vehicles while walking several times. Most recently, Mr.
Miller was hit by an 18 wheeler but because he had his seeing eye dog with him,
the dog was able to keep Mr. Miller from having serious sustained injuries.
Most of the incidents occur when a driver is turning right. When the officer
arrives, Mr. Miller says the drivers are never charged with anything. At one
of the Council of the Blind meetings, a TPD officer was present and when asked
about the various laws relating to blind people, Mr. Miller alleges that the
officer said they have more important laws to enforce. Mr. Miller would like
to speak to someone about the laws that are on the books and if there are any
changes that can be made to make people more aware of blind citizens commuting
on foot. I talked to Mr. Coe and he suggested that I send this to you so that
you can reach out to Mr. Miller and discuss the laws and any changes as some
may have to come from the legislature. Mr. Miller’s phone number is 906-9821.
Would you mind calling him? Thank you.
Stacey Campbell
Senior Executive Assistant to Thomas R. Coe
City Manager’s Office
850-891-8328
Stacey.Campbell@xxxxxxxxxx
Other related posts:
