Michael Goodove was the Keynote Speaker at the 2015 Mid-Atlantic DUI Conference, which took place on May 27 – 29 in Virginia Beach. The Mid-Atlantic DUI Conference is hosted by the Virginia Beach Police Department and is attended by public safety professionals around the country to hone their skills in DUI prevention, detection, and enforcement. Michael Goodove is the President of the Southside Mothers Against Drunk Driving (MADD) and is lawyer who specializes in victim’s rights and is community activist in the prevention of DUI’s as well as the enforcement of DUI laws.
Author: MATTHEW ROY AND JON FRANK THE VIRGINIAN-PILOT
A man facing his seventh drunken-driving charge after the crash Tuesday that killed a high school student was charged with driving drunk three weeks ago, but regained his freedom within hours by posting a $1,000 bond.
Roy Lee Everett, 30, was charged Tuesday with running a red light, driving under the influence and 10 other violations in the crash that killed 16-year-old Landon Chambers and injured his brother, Barney.
Everett is being held without bail in the Norfolk City Jail.
Everett has been behind bars before. He has three previous DUI convictions in Virginia Beach. And he was arrested for drunken driving most recently on April 14.
That’s when, court records say, Norfolk Officer W.E. Whiteside stopped him for driving recklessly at the wheel of a Jaguar.
Whiteside smelled alcohol.
“I asked if he had been drinking and he stated yes, 4 Mike’s Lemonades in an hour,” Whiteside wrote in papers filed in Norfolk General District Court.
A Department of Motor Vehicles records check showed Everett’s three prior convictions for DUI, Whiteside noted, as well as three previous convictions for driving on a suspended license.
In addition to the third-offense DUI, Whiteside charged Everett with driving after his driving privileges had been suspended.
Magistrate J.D. Bullock Jr. set Everett’s bond at $1,000 at 3:16 a.m. on April 14, according to court records. Everett posted bail through a bonding company at 4:57 a.m. and was freed.
Michael Goodove, an attorney and president of the Southside Chapter of Mothers Against Drunk Driving, said anyone charged with a third-offense DUI, a felony, should not be allowed to post a bond and be freed from custody.
“Our position is the criminal justice system’s paramount responsibility is to protect lives,” he said. “Research has shown that your hardcore, repetitive drunk-driving offenders are the folks most
likely to injure or kill somebody.”
Three weeks after his release, police contend, Everett drove a pickup through a red light at North Military Highway and Azalea Garden Road into the path of the Chambers brothers, who were traveling in a Honda Civic. The impact crumpled their car and flipped the pickup on its side. Witnesses said Everett climbed from the pickup’s rear window and ran. Citizens cornered him behind a carpet store until police arrived to arrest him.
Bullock could not be reached for comment.
Chief Magistrate Beth B. Pennington said she spoke with him briefly about the bond and intends to meet with him in the coming week.
“At this point, I have to trust the magistrate’s judgment,” she said. “He’s been a magistrate for a while.”
By setting bonds, magistrates try to ensure that defendants show up in court, she said, noting they don’t determine guilt or innocence. She said they consider the length of time a defendant has lived in the area, family ties, any prior record and their likelihood to appear in court.
“No matter how high it’s set, a person can still bond out,” Pennington said.
This week’s DUI charge is the latest in a long list of serious driving infractions for Everett, stretching back to at least 1994.
During the past eight years, Everett has been convicted multiple times for a variety of charges, including reckless driving and speeding.
Everett’s three DUI convictions in Virginia Beach started with a charge in 1994. Five years later, in May 1999, Everett was charged with DUI, second offense.
In December 1999, he was charged again with DUI, second offense.
That last charge resulted in Everett getting the maximum jail penalty for second-offense-DUI – 12 months in jail, according Judge Albert D. Alberi, who sentenced Everett in Virginia Beach General District Court.
But Alberi suspended 11 months of the time and allowed Everett to serve the resulting monthlong sentence on weekends in the Virginia Beach City Jail.
It was not clear on Friday why Everett was not charged that December with DUI, third offense.
DUI, third offense, became a felony when state law was changed by the General Assembly in July 1999. It carries a maximum prison sentence of five years and can be lodged against any drunken driver who has two prior DUI convictions within the past 10 years.
Mark T. Del Duca, a Virginia Beach lawyer and former Beach prosecutor, explained Friday that Everett’s December DUI charge in 1999 may have occurred before his May 1999 offense had made its way through the court system.
If that were the case, it may have been impossible for Everett to be charged with DUI, third offense, in December 1999, Del Duca said.
Everett also was charged with second-offense DUI in Norfolk in January 1998, but the count was dismissed, online court records say.
Another DUI charge, in Emporia in August 1997, was dismissed, according to online court records.
Reach Matthew Roy at mroy(AT)pilotonline.com or 446-2540.
Copyright (c) 2003 The Virginian-Pilot
Record Number: 0305100125
Virginian-Pilot, The (Norfolk, VA)
Author: JON FRANK THE VIRGINIAN-PILOT
Three lawsuits stemming from a deadly highway collision in 2001 were filed Thursday against Peabody’s, a popular Oceanfront nightclub where the driver responsible for the wreck had been drinking.
Enrique Lopez, a 21-year-old sailor serving aboard the carrier George Washington, was driving his Ford Mustang the wrong way on Interstate 264 on May 11, 2001, when he slammed into another vehicle that was traveling in the opposite direction.
Three women in the other car – including 19-year-old Debra Van Sickle, an expectant mother – were killed. Lopez also died.
The lawsuits seek a total of $36.05 million in damages and attempt to hold Peabody’s responsible for contributing to the accident.
Andrew M. Sacks, the Norfolk lawyer who filed the lawsuits in Virginia Beach Circuit Court, said during a news conference Thursday that Peabody’s employees threw Lopez out of the club because he was extremely drunk and had become disorderly.
The lawsuits maintain that once employees “took control” of Lopez, Sacks said, they should have turned him over to authorities.
“The crux of this is that once they observed him, they took immediate steps,” Sacks said. “But they failed to complete that duty.”
Sacks said the club took the attitude that “as long as he is not a problem to us, we don’t care what he does.”
Virginia is one of the few states without “Dram Shop” legislation, which holds bars and restaurants responsible for serving alcohol to customers who then commit crimes or cause accidents. The absence of such legislation shields many businesses in Virginia’s tourism and restaurant industries from lawsuits.
Michael L. Goodove, a Norfolk lawyer who is president of the local chapter of Mothers Against Drunk Driving, said at Thursday’s news conference that the lobby representing the state’s restaurants and bars has successfully fought to keep “dram shop” legislation from getting out of committees in Richmond.
He said 44 states have such laws and that Sacks’ suits address the vacuum by creating for bars an area of “special responsibility that is a long time in coming.”
The lawsuits do not allege that Peabody’s was negligent in serving Lopez, Sacks said. Instead, they argue that Peabody’s failed to protect the public from “carnage” caused by someone the club took control of and then released “into the stream of humanity.”
Lopez had a blood-alcohol level of 0.27 at the time of the accident, well above Virginia’s legal limit of 0.08, according to police. He also is named in the lawsuits as a defendant.
Richard H. Doummar, the Virginia Beach lawyer who represents the nightclub, said Thursday that although the situation was tragic, “Peabody’s did everything they could as required by the law to do the right thing.”
Peabody’s is at 21st Street and Pacific Avenue. Doummar said the nightclub already has been cleared by the Virginia Department of Alcoholic Beverage Control.
“It is just a tough situation dealing with someone who is intoxicated,” Doummar said.
Two of the lawsuits were filed on behalf of 24-year-old Earl A. Sanders IV.
Sanders’ mother, Shirley J. Vinson, 44, was killed in the accident, as was his fiancee, 30-year-old Beverley S. Carter.
A suit in Vinson’s name asks for $15.35 million. The one for Carter asks for $5.35 million.
The third suit, which also asks for $15.35 million, was filed on behalf of Henry Sanders, who was injured in the crash. Sanders now lives in Fort Worth, Texas, and still suffers from his injuries, Sacks said.
Van Sickle’s survivors are represented by Virginia Beach attorney William R. “Buster” O’Brien, who said he filed a suit against Lopez last year. He did not name Peabody’s as a defendant.
Van Sickle was on the way to the hospital at the time of the accident to possibly deliver her baby.
Reach Jon Frank at jfrank(AT)pilotonline.com or 446-2277.
Earl A. Sanders IV, foreground, fields reporters’ questions as his
attorney, Andrew Sacks, listens in the lawyer’s Norfolk office
during a news conference Thursday. Photos
MORT FRYMAN/THE VIRGINIAN-PILOT FILE PHOTO
Debra Van Sickle, Shirley J. Vinson and Beverley S. Carter were
killed when the car they were riding in, above, was struck by a
Mustang driven by Enrique Lopez in May 2001. Lopez also died.
Enrique Lopez, a sailor serving on the carrier George Washington,
was killed in May 2001.
Copyright (c) 2003 The Virginian-Pilot
Record Number: 0303070101