Archive for July, 2008

Harrisonburg VA DUI Lawyer says Inappropriate Internet picture cost Defendant 2years in prison

Saturday, July 19th, 2008

Young people have really taken to MySpace, Facebook and YouTube

They love to post pictures, movies and articles.  So far, so good. 

The problem is that much of their posted material is there for the whole world to see, probably forever.  An example of how internet posting can hurt you is the case of Joshua Lipton

Lipton was the accused in an alcohol caused motor vehicle collision that seriously injured a woman. 

According to Rhode Island prosecuting attorneys, Lipton had a .156 blood alcohol content while driving on a rainy night more than 60 mph in a 40 mph zone in the rain before slamming head on into a vehicle containing Jade Combies. 

This drunken crash left then 20 year old Jade Combies hospitalized with a traumatic brain injury, fractures to her femur, hip, and collar bone as a well as organ damage.

Due to these injuries, Ms. Combies endured nine operations, rehabilitation therapy, memory loss and constant pain. 

Her life was devastated.

At trial, Ms. Combies spoke of her loss of independence at a time she should be embarking upon life as an independent adult.   

She also asked the Court to let Lipton feel her pain and live her life: 

“I want you to know how it feels to only eat when people feed you… I will live with what you did to me every day, everything that I do, for the rest of my life.” 

During sentencing Lipton tearfully apologized to his victims but photographs from Lipton’s Facebook account gave the Court a different picture of Lipton’s feelings.  

In the picture taken less than two weeks after almost kiling his victim, Lipton is seen drinking Red Bull, sticking out his tongue, with his arm slung around a sorority member, wearing a prison jumpsuit embossed with the words, “Jail Bird”. 

This picture cost Lipton two years in prison. 

The Judge Daniel Procaccini felt the mocking picture gave an insight into how Lipton really felt after almost killing Ms. Combies.  

Indeed, the Court called the Halloween costume “sick, depraved and disgusting”. 

For the Court, Lipton could not overcome the complete lack of remorse this photograph portrayed.   

Lipton’s words of contrition seemed hollow  beside the picture of him wearing the irreverent orange jumpsuit. 

Lipton’s request for probation and community service in light of his post-accident substance abuse treatment and remorse fell on deaf ears.    

http://news.yahoo.com/nphotos/Facebook-AP-Photo2FState-of-Rhode-Island-Office-of-the-Attorney-General-State-of-Rhode-Island-Office-of-the-Attorney-General/photo//080719/480/nyol57707190830//s:/ap/20080719/ap_on_hi_te/tec_facebook_evidence;_ylt=An7U454hhyo.KexMsemACA5k24cA

Bob Keefer represents people charged with DUI/ DWI, traffic tickets, speeding tickets and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Page County, Virginia; Luray, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia 

Bob Keefer also represents people charged with DUI/DWI, traffic tickets and reckless driving in Broadway, Virginia; Grottoes, Virginia; Elkton, Virginia; Massanutten, Virginia; Timberville, Virginia; Dayton, Virginia; and  Mount Crawford, Virginia; New Market, Virginia (VA); Mount Jackson, Virginia (VA); Toms Brook, Virginia (VA); Strasburg, Virginia (VA); Edinburg, Virginia (VA). 

Bob Keefer also represents people with these charges in Churchville, Virginia (VA); Craigsville, Virginia (VA); Crimora, Virginia (VA); Fishersville, Virginia (VA); Fort Defiance, Virginia (VA); Greenville, Virginia (VA); Grottoes, Virginia (VA); Jolivue, Virginia (VA); Lyndhurst, Virginia (VA); Mount Sidney, Virginia (VA); Mount Solon, Virginia (VA); Sherando, Virginia (VA); Spring Hill, Virginia (VA); Steeles Tavern, Virginia (VA); Stuarts Draft, Virginia (VA); Verona, Virginia (VA); Weyers Cave, Virginia (VA). 

Bob Keefer also represents students at James Madison University JMU, Bridgewater College, Eastern Mennonite University EMU, and Blue Ridge Community College charged with alcohol offenses such as underage possession, DWI/DUI and possession of marijuana. 

Harrisonburg Traffic Ticket Lawyer says left hand turns are dangerous

Friday, July 18th, 2008

Part of High Street was closed down for hours on July 17, 2008 due to a collision between a dump truck and a Honda Civic 

After the vehicle collision, the Honda was slung into a lamppost which fell into the roadway blocking traffic. 

Harrisonburg Corporal Ron Howard reported that the Honda was being driven by Shamara McCall, 26 years old, of

Harrisonburg, Virginia, in the right lane northbound on High Street at approximately 9AM. 

McCall attempted to cross in front of a dump truck traveling south on High to make a left turn onto

Water Street

.McCall was not fast enough and was struck by the dump truck driven by Travis Cox, 22 years old, from Swope, Virginia 

McCall was taken to Rockingham Memorial Hospital, examined and released.   

Lt. Kurt Boshart of the Harrisonburg Police Department reported that McCall has been charged with reckless driving in connection with the accident. 

Southbound traffic on High Street was diverted around the crash site for about three hours Thursday as Harrisonburg Electric Commission crews replaced the damaged lamp with a new one.  

Learn about Bob Keefer’s firm at:  www.BobKeeferLaw.com. 

Bob Keefer represents people charged with DUI/ DWI, traffic tickets, speeding tickets and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia 

Harrisonburg DUI lawyer says government is a disease masquerading as its own cure

Friday, July 18th, 2008

Everyone is for stopping drunk driving, even the drunk drivers. 

The media has made drunk driving the number one fear in most peoples’ minds.    Now even drunks are driving drunk to anti-drunk driving meetings according to the media. I think the press missed the point… again. 

My guess is that Michael Jackson, 55 years old, was under court order to attend this victim impact meeting as part of his mandatory alcohol education. 

I also assume that the Court put so much fear into Jackson about missing the meeting that he thought it was better to drive drunk than to miss the meeting.   Jackson probably drove from Canton, Ohio to Bath attempting to comply with a court order. 

The government employees putting on the meeting found him to be drunk and had him arrested for DWI. 

Jackson now faces felony DWI. 

 Did the government make other provisions for Jackson to get to the meeting?   

Did they have a bus come get him?    Did they remove his need to drive to get food, work and attend mandatory meetings?  

 Nah. Government, thanks for putting this drunk on the road to stop drunk driving.   

Bob Keefer represents people charged with DUI/ DWI, traffic tickets, speeding tickets and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Page County, Virginia; Luray, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia.  

Bob Keefer also represents people charged with DUI/DWI, traffic tickets and reckless driving in Broadway, Virginia; Grottoes, Virginia; Elkton, Virginia; Massanutten, Virginia; Timberville, Virginia; Dayton, Virginia; and  Mount Crawford, Virginia; New Market, Virginia (VA); Mount Jackson, Virginia (VA); Toms Brook, Virginia (VA); Strasburg, Virginia (VA); Edinburg, Virginia (VA). 

Bob Keefer also represents people with these charges in Churchville, Virginia (VA); Craigsville, Virginia (VA); Crimora, Virginia (VA); Fishersville, Virginia (VA); Fort Defiance, Virginia (VA); Greenville, Virginia (VA); Grottoes, Virginia (VA); Jolivue, Virginia (VA); Lyndhurst, Virginia (VA); Mount Sidney, Virginia (VA); Mount Solon, Virginia (VA); Sherando, Virginia (VA); Spring Hill, Virginia (VA); Steeles Tavern, Virginia (VA); Stuarts Draft, Virginia (VA); Verona, Virginia (VA); Weyers Cave, Virginia (VA). Bob Keefer also represents students at James Madison University JMU, Bridgewater College, Eastern Mennonite University EMU, and Blue Ridge Community College charged with alcohol offenses such as underage possession, DWI/DUI and possession of marijuana. 

Videos from my friend Bubba Head, a great Georgia lawyer:http://www.youtube.com/watch?v=9Q_Vp51fLOQ

http://www.youtube.com/watch?v=gitJqPwXbnwh

ttp://www.youtube.com/watch?v=RGsEMorKqdk

http://www.youtube.com/watch?v=fyvZwYglAuY

http://www.youtube.com/watch?v=1Myh-mPmsQ4

http://www.youtube.com/watch?v=X0ANs4ReI94

http://www.youtube.com/watch?v=ZqPfcqJh2-Y

http://www.youtube.com/watch?v=LpifudccBYE

http://www.youtube.com/watch?v=jZdwM7amqP4

http://www.youtube.com/watch?v=yVc_C7BX1Fc

http://www.youtube.com/watch?v=7Y_ABPxa7Wg

http://www.youtube.com/watch?v=uoV4VqAdN5U

http://www.youtube.com/watch?v=KcrX3C5uSEM

http://www.youtube.com/watch?v=BWUNZS8V1Z0 

http://www.youtube.com/watch?v=xz9WPLYdckc

http://www.youtube.com/watch?v=B6h9FUMk3tY

http://www.youtube.com/watch?v=o18umWRQNrk

http://www.youtube.com/watch?v=FxOP1WOXgek 

http://www.youtube.com/watch?v=rKrYiFHGaNo

http://www.youtube.com/watch?v=g8wwFaaY_tI

http://www.youtube.com/watch?v=YtAOI3r2YJY 

http://www.youtube.com/watch?v=aJ6JZUkZYJY

http://www.youtube.com/watch?v=J_awNI_BrRY

http://www.youtube.com/watch?v=e1lZ_0VEgpc

http://www.youtube.com/watch?v=CW_jCc8745s

http://www.youtube.com/watch?v=t5aMPX_XqU4

http://www.youtube.com/watch?v=1iCCKpc-8xI

http://www.youtube.com/watch?v=0VkMHKco42w 

Harrisonburg Virginia DUI lawyer says refuse roadside maneuvers like Sheriff Wall did

Friday, July 18th, 2008

Recently, Gary Wall, Routt County, Colorado Sheriff was found guilty of DWAI, driving while ability impaired, failure to dim his headlights and unapproved use of a firearm.  A DWAI is driving with a blood alcohol content between .05 and .07.

Sheriff Wall refused to do any roadside gymnastics, also called standardized field sobriety tests and he refused any tests designed to reveal his blood alcohol level.  Sheriff Wall, as a law enforcement official, knew that the roadside gymnastics are a test designed for failure, the failure of the subject.  He was wise to refuse them.  Citizens should refuse to do those tests as well. 

Especially when they are innocent.

Sheriff Wall told the jury that he only had one glass of wine, that he was set up by state police and that he was framed. 

Sheriff Wall will not lose his job because he is an elected official. 

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.comwww.injurycorner.com 

Harrisonburg DUI Attorney Bob Keefer: Judge made correct decision in manslaughter case

Thursday, July 17th, 2008

Charges arising from the death of an 8 year old boy will require two jury trials in Culpeper County.  Fielding Taylor Kines has been charged with misdemeanor driving suspended, and felony involuntary manslaughter and third offense DUI.

Judge Paul M. Peatross set the involuntary manslaughter trial for November 17, 2008 and the felony DUI and driving suspended charge for November 18, 2008.The two trials are necessary to provide a fair trial to Kines on the elements of the involuntary manslaughter charge. 

The newspaper article seemed to say that the Judge ruled that joining the charges would make it unnecessary for the government to prove that Kines should have known his acts were dangerous.  The prosecutor admitted that he knew of no other events involving Kines that would have given him this knowledge. Judge Peatross is a bright and fair man who is a very good Judge.  

He made the correct decision to give a fair trial to a man charged with an alleged alcohol caused fatality. 

We are very fortunate in Virginia to have good Judges like Judge Peatross. 

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.comwww.injurycorner.com 

Harrisonburg DUI Attorney says entrapping 94 year old dementia victim for prostitution is wrong

Thursday, July 17th, 2008

Manatee County Judge George K. Brown ruled that the solicitation to commit prostitution charge against 94 year old Frank Milio should be dismissed. 

The Court correctly found that Milio, who suffers from dementia, had been entrappedThis was important because the pending charge kept Milio from being admitted to an assisted living residence.  Milio needed help with his day to day care because of his dementia.

Last November, Milio was approached by an undercover female police detective dressed as a prostitute.  Milio was stopped in a parking lot when the detective walked 60 feet over to his car, opened the passenger door and leaned inside.

The fake prostitute asked Milio if he wanted to party that night.  Milio replied that he wanted to think about it for another 15 or 20 minutes.  The fake prostitute discussed money. 

The fake prostitute discussed whether Milio wanted sex.  Milio replied:  “Huh?” Eventually, Milio agreed to pay for oral sex. 

Milio was not the only elderly man enticed in the sting.  A 93 year old man promised the fake detective to return in several hours with $30 to pay for the sex. 

Manatee County prosecutors agreed that the state could not prove whether he intended to return to commit the act.  

Someone once said you can judge a society by how it treats those who cannot care for themselves. 

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.comwww.injurycorner.com 

Harrisonburg Virginia DUI Attorney Bob Keefer says Independence Day DUI checkpoints are a waste

Thursday, July 17th, 2008

Our local tax dollars and our constitutional right to be left alone took a beating this 4th of July, 2008 in Harrisonburg, Virginia. 

Ironically choosing the date associated with Americans’ freedom from tyranny, Independence Day, Harrisonburg Police held sobriety checkpoints in two different parts of the city.  Supporters of less freedom claim that checkpoints are necessary because of the number of deaths on our highways.  They point to deaths related to alcohol not deaths caused by an alcohol impaired driver.  As I noted in a past blog, the devil is in the details. 

Word choice is important.  Caused by and related to are not the same.  The related to death toil is inflated about three times the number of fatalities caused by alcohol impaired drivers.  So government has lied to us about the justification.  What about the effectiveness of the DUI checkpoints.   At least checkpoints result in more DUI arrests?  Right? 

Wrong.  The police have limited resources and officers randomly stopping cars in the poor parts of town are not out patrolling.  The simple question should be do roving patrols make more DUI arrests than checkpoints? 

The National Highway Traffic Safety Administration (NHTSA) tells us that patrolling police actually make almost three times more DUI arrests than checkpoints.  Almost three times.  So we are actually less safe because of the DUI checkpoints. 

As the Harrisonburg Virginia news reported, the road block at

Norwood and Hawkins Streets stopped about 35 vehicles in one hour and none were DUI.  None.  This zero is consistent with the dissent in Michigan v Sitz that noted:  “the findings of the trial court, based on an extensive record and affirmed by the Michigan Court of Appeals, indicate that the net effect of sobriety checkpoints on traffic safety is infinitesimal and possibly negative”.  

The real reason for the checkpoints is not to stop impaired drivers it is to harass anyone who smells of alcohol and is operating a motor vehicle.  While the law says don’t drive impaired or with a blood alcohol content of .08 or more, the reality is don’t drive with any alcohol on your breath or in your system or face arrest.  As a

Harrisonburg officer was quoted:  “People need really to think… If they’re going to be out partying they need to keep in mind that when they get in a vehicle, they shouldn’t have been drinking.” 

Notice he did not say don’t drive drunk or with a blood alcohol content of .08 or more.  As a police superintendent in another jurisdiction said, checkpoints keep drivers aware that police are on the lookout for drunken drivers. He said there usually aren’t many DUI arrests at checkpoints, but they help educate the public. So roadblocks are not effective in producing arrests; they are justified on lies; and they waste taxpayer money and police resources.  

But they are good because they educate us that people innocent of drunk driving are subject to arrest because they have been drinking. Good lesson for independence day.

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.comwww.injurycorner.com 

See Roadblock Videos:

http://www.youtube.com/watch?v=1bhoBJz5zv4

http://www.youtube.com/watch?v=PqQaTJf_mLc

http://www.youtube.com/watch?v=ktvoA8oYWGQ

http://www.youtube.com/watch?v=DjH349_WN5E

http://www.youtube.com/watch?v=i8z7NC5sgik&feature=related

Harrisonburg Virginia lawyer says government fails to keep us safe from DUI

Wednesday, July 16th, 2008

Nothing succeeds in government like failure.  Here we see it in the DUI/DWI context.  Harold Blain Schmidt, of Montgomery County, Texas ran over a motorcycle ridden by two people; a husband and wife.  The husband was killed and the wife seriously injured with brain injuries.  Her road to recovery will be a long one.  To add insult to injury, this happened on mother’s day.

 

Schmidt was on probation for a previous DWI condition at the time.  Schmidt had a blood alcohol level of .33; that’s right .33.  That is a potentially lethal dose of alcohol.  Schmidt has a long history of substance abuse; that information was readily available to the government.

Why wasn’t Schmidt receiving the personal attention he needed to prevent this terrible tragedy?  Because government thinks it is good with a hammer and therefore sees every problem as a nail.  The government has convicted this alcoholic again and will send him to prison again but that cannot bring back this husband or cure his wife of her injuries. 

A cynical person would say that catching alcoholics like Schmidt, incarcerating them for a while and then releasing such persons to commit more crimes gives government an excuse to take more power.  Government does a poor job and then requests a raise.

Giving government more money and more power to punish drunk drivers will not solve this problem; we need a new approach that may not involve a hammer.

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.com   

 

Harrisonburg Virginia DUI lawyer says sometimes people in power abuse that power

Wednesday, July 16th, 2008

As of July 15, 2008 a New Jersey Grand Jury has indicted a former chief judge for fixing parking tickets.  Wanda Molina, the former Judge, and Virginia Pagan, a former Court administrator resigned as a result of the investigation into ticket fixing.

Both face a mandatory minimum of five years for the offenses.  This was apparently wide spread ticket fixing for family and friends.  People with power use that power; sometimes for their own benefit.

We represent regular people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.com; www.keeferlawfirm.biz 

Harrisonburg DUI Lawyer says sometimes police get carried away

Wednesday, July 16th, 2008

Seattle police show what they think of college students.  In 2006, Brittany Beaulieu suffered complex fractures to her face after being injured by a police officer.  Apparently Ms. Beaulieu had the audacity to advise a friend under investigation for drunk driving not to submit to a breath test without a lawyer.

In her lawsuit, Beaulieu alleged that Officer Aaron Parker picked her up and dropped her on her face.  Parker claimed that she fell on her face after he kicked her legs from under her in response to her failure to come along as he directed.

Internal Affairs first recommended that Parker be disciplined; that recommendation was rejected and Parker was sent to retraining; however, Parker’s retraining blamed the victim, Beaulieu.  I guess that was the retraining.  Seattle ended up settling the suit for $115,000 of taypayer money to repair Beaulieu’s face.

 

We represent people charged with DUI and reckless driving in Elkton, Virginia; Bridgewater, Virginia; Verona, Virginia;  Harrisonburg, Virginia; Rockingham County, Virginia; Staunton, Virginia; Augusta County, Virginia; Woodstock, Virginia; Waynesboro, Virginia; and Shenandoah County, Virginia. You can find information about my firm at:  www.bobkeeferlaw.com; www.bobkeeferlaw.org; www.keeferlawfirm.com; www.duidriver.net; www.recklessdriving.net; www.keefercard.com