[tabi] Re: Fw: Robert Miller 906-9821 legal advisor for tpd

  • From: "Chip and Allie Orange" <acorange@xxxxxxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Mon, 12 Aug 2013 19:46:47 -0400

Kudos to you Robert for following up as you did, and to the city for taking
this seriously.





From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
Of Easy Talk
Sent: Monday, August 12, 2013 1:36 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Fw: Robert Miller 906-9821 legal advisor for tpd


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.




----- Original Message ----- 

From:  <mailto:Richard.Courtemanche@xxxxxxxxxx> Courtemanche, Rick 

To:  <mailto:'EASYTALK@xxxxxxxxxxxxx'> 'EASYTALK@xxxxxxxxxxxxx' 

Cc:  <mailto:Tom.Coe@xxxxxxxxxx> Coe, Tom ;
<mailto:Cheryl.Stewart@xxxxxxxxxx> 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




Richard D. “Rick” Courtemanche, Jr.

Assistant City Atty./Police Legal Advisor

Tallahassee Police Department


(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


As a reminder, I have attached the Florida Statute reference blind
pedestrians and the requirement that they have the right of way in all


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.
ch_String=&URL=0700-0799/0775/Sections/0775.082.html> 775.082 or s.
ch_String=&URL=0700-0799/0775/Sections/0775.083.html> 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


 <mailto:Stacey.Campbell@xxxxxxxxxx> Stacey.Campbell@xxxxxxxxxx


<<attachment: winmail.dat>>

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