North Fort Myers, Fla. – Driver Mary Miller was just involved in another car accident following her 6 month driver’s license suspension. In 2019, Miller was involved in a fatal car accident that killed 12-year old Alana Tamplin as she was walking home from school just after being dropped off by her school bus.
During that time of the accident, Miller fled the scene after hitting Tamplin and returned to the scene a short time after the fact. Miller was only issued a reckless driving ticket accompanied with a $1000 fine, 6 month suspended license and 75 hours of community service. There were never any criminal charges towards Miller and the North Fort Myers community was upset with this sentence.
The most recent accident Miller was involved in happened in a similar way. According to the diagram in the Lee County Sheriff’s Office’s report, in 2019 Miller swerved from one side of the road to the other hitting Tamplin and in her recent accident she swerved from the other way. Same road, similar driving pattern, both leading to car accidents. Below you can see the car accident diagram, both taking place on Durrance Road.
According to Jay Anderson, Executive Director of Stay Alive Just Drive, Miller took one of his driving courses after the death of Tamplin. Noting that he sees repeat crashes far too often, he thinks that “we need to have harsher consequences.” Tamplin’s mother thinks that any punishment that Miller will face won’t be enough for taking a child’s life.
The second accident took place right down the road from the first one! About a mile from the death of Tamplin and the community is still infuriated for Miller not getting the justice she deserves. Especially now after being a repeat offender displaying the same reckless driving, even after a driving course.
So why wasn’t Mary Miller charged with criminal charges after her car accident in 2019 involving the death of Alana Tamplin? According to newly updated Florida Law 316.027, effective July 2020:
“(b) The driver of a vehicle involved in a crash occurring on public or private property which results in serious bodily injury to a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who willfully violates this paragraph commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”
Because of the accident taking place in 2019, a year before this law was updated, it seems this is why Miller received the sentence she did.
About the Author
Michael Feiner
Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients.
He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels.
Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.
Michael Feiner
Michael A. Feiner is a partner in the Fort Lauderdale office of Steinger, Greene & Feiner. Since being admitted to the Florida Bar in 2001, Michael has devoted his practice to representing plaintiffs throughout Florida in various tort and strict liability cases and has successfully litigated cases against national insurance companies, large public companies, and governmental agencies, resulting in tens of millions of dollars for his clients. He has handled all types of personal injury and wrongful death cases on behalf of plaintiffs, including automobile negligence, premises liability, medical malpractice, product liability, dog bites, and sexual harassment. Michael’s product liability case against Microsoft, as well as his representation of victims of sexual harassment and abuse by physicians, has garnered him important media attention at both the local and national levels. Michael is an experienced trial lawyer and successfully argued an appeal to the Fourth District Court of Appeal. In the reported decision Ortlieb v. Butts, 849 So.2d 1165 (Fla. 4th DCA 2003), Michael persuaded the Fourth District Court of Appeal that a directed verdict on liability was appropriate where the defendant did not rebut the presumption of negligence of a rear driver in a rear-end collision.