Clay County has agreed not to begin enforcing an ordinance limiting alcohol sales hours at three large nightclubs in the Wells Road corridor until a federal court challenge runs its course.

The County Commission approved the ordinance May 10; it was to take effect Wednesday. But attorneys for two of the nightclubs filed a joint complaint May 24 in U.S. District Court in Jacksonville arguing that the restrictions were unconstitutional and seeking to have them overturned. In court documents filed Friday, they and attorneys for the county agreed that enforcement would be put on hold until a judge rules in the case, which is expected to take at least five months.

The initial complaint, filed by attorney Michael Yokan for Crazy Horse Saloon and Club Christopher’s, said the ordinance requiring the large clubs to halt alcohol sales at 11 p.m. treats them “in a disparate fashion from other businesses operating in the county which are engaged in the same trade.” They currently stop alcohol sales and close at 2 a.m. on most days. Also, the complaint said “there is no rational basis for the ordinance.”

County Attorney Mark Scruby declined comment, citing policy for county officials not to talk publicly about pending litigation.

The ordinance applies to establishments operating under quota alcohol sales licenses on premises larger than 4,750 square feet within 500 feet of either side of Wells Road from the Orange Park town limits to just west of Blanding Boulevard in the unincorporated area of the county. Crazy Horse Saloon, Club Christopher’s and Club Chameleon are the only clubs affected.

According to the federal court complaint, the owners of Crazy Horse spent about $500,000 to renovate its leased Wells Road site, while the owners of Club Christopher’s purchased their facility for $960,000 and still owe $744,000 on the mortgage. About 85 percent of their respective revenues are generated between 11 p.m. and 2 a.m., and they will “not be able to stay in business” if the ordinance is enforced, the complaint said.
(more…)

Three candidates are on the ballot for sheriff, including incumbent Sheriff John Rutherford who is seeking a third term.

Rutherford grew up in Jacksonville and has worked for JSO for 36 years. He said the numbers show his success: “The lowest crime numbers this city has seen since 1983 and that is significant.”

His challenger, Ken Jefferson, is a Jacksonville native. He retired from the Jacksonville Sheriff’s Office after 24 years, where he held various titles including patrol officer, detective and public information officer.

“I retired for the purpose of running for office, simply because I think I have a better touch with the community,” said Jefferson.
(more…)

JACKSONVILLE, Fla. — Jacksonville police said they’re investigating the death of a 39-year-old inmate at the Duval County Jail.

Police said they were called to a medical emergency at the jail in the 500 block of East Adams Street downtown about 5:15 a.m. Thursday.

Police said the inmate was taken to a hospital in medical distress and was pronounced dead.

Police said he had just been sentenced to five years in prison on a charge of methamphetamine and was awaiting transfer to a state prison. He also had a pending charge of possession of a controlled substance in Clay County.

Police said they do not suspect foul play but the investigation was pending an autopsy.

RIP – Jacksonville DUI Attorneys

Source

A violation of probation (sometimes called a “VOP”) occurs when you violate the terms of the probation order. However, you can be charged with a violation of probation if the State or your supervisor believes you violated the terms of your probation. (Note: In Florida probation includes what other states refer to as parole. A probation violation would include a parole violation.)

At Musca Law, we utilize a team approach to your criminal defense. Our criminal defense team has over 100 years of combined criminal defense experience, including defending against accusations of a probation violation.

If you please, contact a Jacksonville DUI lawyer at our firm today to go over your legal problems, which might not turn out to be problems at all.

Gov. Charlie Crist has decided not to free a Florida woman who is in prison for DUI manslaughter and who asked for her prison sentence to be commuted.

The woman, 66, was sentenced to 11½ years in prison following a plea deal in 2008. She struck and killed a man of Jacksonville on Interstate 95 in Cocoa in 2005 and fled the scene before being arrested. Her case came up before the Executive Clemency Board last Thursday.

At the hearing, Crist delayed his decision on the commutation after hearing testimony from the victim’s family. On Monday, a member of the victim’s family received an e-mail message from the governor’s office, saying that the woman’s request had been denied.

At the hearing Thursday, the woman’s friends and relatives urged her release, saying she was a compassionate woman who became addicted to drugs and alcohol.

She now suffers from breathing and heart problems and may not survive her full term in prison, her supporters said.

The victim’s family opposed the request, saying she should be held accountable for her actions.

She is scheduled to be released in 2019.

Charged with DUI in Jacksonville? If so, we welcome you to schedule a free and confidential legal consultation. Call 904-236-4110 to speak with a Jacksonville DUI Lawyer at our firm now.

Source

Cyclists Urging Crist to Veto Bill: Are they right?

Jacksonville cyclists think Governor Crist should veto a bill that they say would en-danger them when riding if to go into effect. The bill, which requires cyclist to stay in bike lanes when available and debris-defree, was unanimously passed by the House and Senate.

Because Jacksonville cyclist have experienced injuries in the past while riding they seem to have a point.“My biggest concern is that if someone goes out of a bike lane because there’s glass or debris, a motorist could run them over and not get cited,” said Scott Reeves,  president of the VeloBrew Cycling Club in Jacksonville. Cyclists also argue that they move out of lanes to make left turns and there is no avoiding that. “It just seems this bill will reinforce the negative image many people have of cyclists,” he said. “It also seems detached from the reality we deal with.”

Jeff Hohlstein,  president of the North Florida Bicycle Club, sent a letter to Crist on Friday  that urged him to veto the bill for another reason: It would allow motorized vehicles onto many sidewalks. “No motorized devices other than wheelchairs have been allowed on the sidewalks,” Hohlstein said. “And unlike bicycles, there is nothing in this law that will require these vehicles to yield to pedestrians.”

Republican Gary Aubuchon, who wrote the bill, said cycling groups are overreacting.

So what do you think, are cyclists overreacting or is was this bill put in place to make issuing cycling citations easier and/or does it endanger cyclists and pedestrians?

This content was brought to you by the Jacksonville DUI Lawyers of Musca Law. Call 904-610-6545 for your free consultation.

Source

Duval County DUI Defenders

Many moments before Luma Kajy, a 41 year old mother, was killed on the Buchman Bridge a man called in the drunk driver who caused the deadly wreck for driving erratically. That man was honored today.

Read More at DUI Lawyers Jacksonville.