Archive for July 8th, 2008

Harrisonburg Virginia DUI Lawyer Bob Keefer: The DUI Tiger eats one of its own

Tuesday, July 8th, 2008

Recently, in Christiansburg, Virginia, Lance T. Rosenbaum, 27, a former Virginia State Police Officer was found guilty of driving under the influence.  Then Trooper Rosenbaum was arrested on January 13, 2008 after his pickup truck left the roadway and struck a telephone pole on

Union Valley Road

. 

The Montgomery County General District Court granted Rosenbaum a restricted license as part of the case’s disposition.  Rosenbaum resigned from the State Police after he was arrested for DUI.  He now works on a dairy farm and was granted the right to drive for work.

At the scene, Trooper Rosenbaum registered a .25 on the preliminary breath tester.  Later, When arrested for DUI, then Trooper Rosenbaum registered a .19 bac on the Intoxilyzer 5000.  Under

Virginia’s DUI statute a bac over .15 requires a mandatory 5 days in jail.  The General District Court got around that mandatory sentence by not admitting the breath certificate. 

Rosenbaum’s passenger, Devan Lee Howard, also 27, was seriously injured in the crash and hospitalized as a result of his injuries.

Rosenbaum began working for the Virginia State Police in June of 2003 in Botetourt County operating the scales off Interstate 81.  He began working as a Trooper in

Roanoke

County sometime in February of 2005. 

It is important to note that civilians blowing a .19 and seriously injuring a passenger would do the five mandatory days in jail and then some. 

We represent people caught by the DUI Tiger in Harrisonburg Virginia; Rockingham County Virginia; Staunton Virginia; Augusta County Virginia; Luray Virginia; Page County Virginia; and Waynesboro Virginia.  We can be reached at Bob@BobKeeferLaw.com; 540 433.6906.  Or view our websites at:  www.keefercard.com; www.bobkeeferlaw.com; www.recklessdriving.net; or www.duidriver.net. 

Posted in Uncategorized | No Comments »

Harrisonburg Lawyer says government DUI policy failed policy

Tuesday, July 8th, 2008

I read the headline Men face fifth, eighth DWI charges and I wonder if the media and the government realize that this is an indictment of how government has mishandled this problem. 

There is an old saying, “Nothing succeeds in government like failure.”  The more government fails to address the cause of a problem the worse it gets and the more taxpayer money government can extract.The article goes on to say that two men from Black River Falls have netted their fifth and eighth drunk driving charges.   David M. Schmidt got his fifth DWI charge which is a felony in

Wisconsin.  Mike R. Smith received his eighth DWI, also a felony.   Smith was stopped for loud exhaust and a loose license plate.  When stopped Smith smelled of an alcoholic beverage, initially denied drinking but them admitted to drinking several beers.  Smith apparently exhibited no signs of impaired driving whatsoever.   Smith refused to blow in the box to establish his blood alcohol level so police chained his arms together behind his back and took him to have his vein punctured and blood taken from his body.   

Blowing in the box is said to be voluntary but if you don’t do it police will forcibly take your blood. Smith was driving revoked and had two out of state DWI convictions as well as two in

Jackson county.  Smith faces 10 years in prison and a $25,000 fine for the drunk driving charge. Schmidt was stopped after a complaint of a possibly intoxicated driver.  He was stopped for driving 74 miles per hour, speeding.  Apparently Schmidt also showed no signs of impaired driving as observed by law enforcement.   The trooper indicated that Schmidt smelled of intoxicants, had bloodshot watery eye, was confused, exhibited slurred speech and lacked good coordination.  Schmidt failed the roadside gymnastics and was arrested. 

Two of Schmidt’s previous DWI convictions were in Jackson

County.  Schmidt faced six years in prison and a fine of $10,000.These men have been through the system repeatedly to no avail.   They are apparently hard core alcoholics who will drive despite the negative consequences … of course people killing themselves slowly with alcohol abuse are probably not very adept at recognizing negative consequences.    The state knows who these people are yet insists on a catch, hold for a while, get sober and release policy.   Why not simply spend the billions of dollars devoted to incarceration and DUI enforcement on helping alcoholics like Smith and Schmidt save their lives?   What about a 24/7 probation officer driving them to jobs and counseling sessions?    Why let them live on the public dole in jail when they could be working and improving their lives?    

Because government is force; because government thinks it is good with a hammer so every problem is a nail.  We cannot afford this failed strategy to continue.

Our firm represents people caught in the government’s DUI Enforcement net on DUI charges in Harrisonburg Virginia; Staunton Virginia; Luray Virginia; Waynesboro Virginia;  Rockingham

County

Virginia;

Augusta

County

Virginia;

Page

County

Virginia.  See our websites:   www.BobKeeferLaw.com; www.recklessdriving.net; www.duidriver.net; www.keefercard.com; or call at 540 433-6906.  Bob@BobKeeferLaw.com  

Posted in Uncategorized | No Comments »