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STS&G News Goodove in the News Archive 2015

GOODOVE KEYNOTE SPEAKER AT 2015 MID-ATLANTIC DUI CONFERENCE

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.

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Archive 2006 STS&G News Goodove in the News Virginian-Pilot

Mother of Va. Beach Man Killed In Crash Sues Driver

Virginian-Pilot, The (Norfolk, VA)

BY JOHN HOPKINS

CHESAPEAKE – The mother of a 31-year-old Virginia Beach man killed in a July 16 single-car crash in Chesapeake is suing the driver of the vehicle for being reckless and intoxicated.

Candace Wright filed the lawsuit recently in Chesapeake Circuit Court against Michael D. Conover, a 34-year-old Virginia Beach man who pleaded guilty earlier this year to involuntary manslaughter. Conover was sentenced to a year behind bars for the crash on Interstate 64 that killed Jonathan Dale McGlue.

McGlue was one of two passengers in a 1999 Isuzu Rodeo that Conover was driving when he lost control on westbound I-64 at the Greenbrier Parkway interchange. The vehicle flipped several times.

The lawsuit seeks $5 million in compensatory damages and $3 million in punitive damages. Wright, through her attorney Michael Goodove, filed the suit on behalf of the estate of her son.

The lawsuit accuses Conover of operating the vehicle in a reckless, negligent manner at excessive speeds. It also said Conover was under the influence of intoxicants.

McGlue was ejected from the sport utility vehicle . He died at Chesapeake General Hospital, police said. A front-seat passenger, who was the owner of the SUV, also was injured.

Conover had a blood-alcohol concentration of 0.24 – three times the legal limit for driving – prosecutors said during his criminal prosecution.

nReach John Hopkins at (757) 222-5221 or john.hopkins @pilotonline.com.

Memo:
the incident

Michael D. Conover, 34, of Virginia Beach was sentenced to a year in prison for the crash on Interstate 64 that killed Jonathan Dale McGlue, 31. A front-seat passenger in the sport utility vehicle McGlue was riding in was injured.

the lawsuit

McGlue’s mother, Candace Wright, filed a lawsuit against Conover seeking $5 million in compensatory damages and $3 million in punitive damages.

Copyright (c) 2006 The Virginian-Pilot
Record Number: 12375890

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Archive 2003 STS&G News Goodove in the News Virginian-Pilot

PROPOSALS WOULD CLOSE DRUNKEN-DRIVING LOOPHOLES

LT. GOV. KAINE SEEKS LONGER SENTENCES, TOUGHER PENALTIES FOR REFUSING TESTS

Author: MICHELLE WASHINGTON THE VIRGINIAN-PILOT

Lt. Gov. Tim Kaine said Monday that he will push for tougher penalties against repeat drunken drivers, joining legislators and others who have called for changes in the wake of recent fatal crashes.

Kaine made the announcement on the steps of the courthouse where repeat drunken driver Roy Lee Everett was sentenced Friday to 14 years in prison for killing a high-school honor student in May.

Both of Kaine’s proposals would target third-time drunken drivers.

If they have two DUI convictions, are stopped again and refuse to take a blood or breath test, they would face one year in jail. The current penalty for refusing to be tested is a one-year driver’s license suspension. The mandatory jail sentence for third-time drunken drivers would increase from 10 days to one year.

Repeat drunken drivers know the system, Kaine said, and know what penalties they are likely to face if picked up again. Neither 10 days in jail nor the loss of a driver’s license is much deterrent, he said, and drunken drivers can sometimes avoid a third DUI conviction simply by refusing to take the test.

“Usually if you’re driving drunk you don’t mind driving on a suspended license,” Kaine said. If passed by the General Assembly, the new penalties would be “a powerful disincentive,” Kaine said.

Kaine said Norfolk Commonwealth’s Attorney John R. Doyle III pointed out weaknesses in the criminal system that repeat offenders exploit. Neither man mentioned Roy Lee Everett by name, but his case highlighted some of the loopholes.

Everett had surrendered his driving privileges after previous DUI convictions, so he had nothing to lose by refusing to take a blood or breath test. That refusal denied prosecutors evidence of his intoxication that might have led to a murder charge. Everett pleaded guilty to involuntary manslaughter and other charges.

While Everett’s case might be emblematic of problems, Kaine and Doyle said, he was not the sole impetus for the changes.

“There is a hard core of repeat offenders, people who aren’t afraid of a suspended license,” Kaine said.

Kaine said he will introduce the legislation to the General Assembly in January. If passed, it likely would take effect in July.

Lawyer Jeffrey Stredler represents the family of Landon Chambers, the 16-year-old boy killed by Roy Lee Everett. The family has long hoped something good could come of Landon’s death, he said.

“It sounds like they’re moving in the right direction toward making the roads safer for everybody,” Stredler said.

Leaders of area Mothers Against Drunk Driving chapters said the measures will close loopholes that let repeat offenders beat the system.

“It’s been a long time in coming,” said Michael Goodove, president of the Southside chapter of MADD, which includes Norfolk. “You’ve seen a shifting of penalties for DUI but no shifting for hard-core repeat offenders who know the system very well.”

Dick Jackson, president of the Peninsula chapter of MADD, said the new laws should have an effect on drunken driving in the long run.

“If we had had this a few years ago, maybe Mr. Everett wouldn’t be sitting there,” with a 14-year prison term, Jackson said.

Reach Michelle Washington at michelle.washington(AT)pilotonline.com or at 446-2287.

Caption:
Photo
GENEVIEVE ROSS/THE VIRGINIAN-PILOT
Lt. Gov. Tim Kaine, right, and Norfolk Commonwealth’s Attorney John
R. Doyle III discuss proposed changes to the DUI law Monday on the
steps of Norfolk Circuit Court.

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0310140079

Categories
Archive 2003 STS&G News Goodove in the News Virginian-Pilot

DRIVER IN CRASH FIGHTS OFFICIALS ON HOW BLOOD WAS OBTAINED

Virginian-Pilot, The (Norfolk, VA)

Author: JON FRANK THE VIRGINIAN-PILOT

The man charged in a November collision that claimed the life of a father of two young children will either plead guilty or face trial with evidence that he had more than twice the legal limit of alcohol in his blood that night.

Circuit Judge Thomas S. Shadrick denied a motion Wednesday to throw out evidence that 50-year-old Steven V. Arcese had a blood-alcohol level of 0.23 hours after the Nov. 3 accident.

The legal limit for driving in Virginia is 0.08.

Police said that Arcese, driving a 2002 Audi station wagon, ran a red light at the intersection of London Bridge Road and Dam Neck Road, and collided with a vehicle driven by David Fisher, 26, of Virginia Beach.

Fisher was killed. His children, 3-year-old James and 6-month-old Amber, were in child-restraint seats in the back of their 1991 Chevrolet Cavalier station wagon and were not injured.

Arcese is charged with aggravated involuntary manslaughter, driving under the influence and refusal to take a blood-alcohol test. He could be sentenced to up to 20 years in prison if convicted during a trial scheduled for April 23.

On Wednesday, Arcese’s lawyers, Moody E. “Sonny” Stallings and Mark T. Del Duca, argued that Arcese’s constitutional guarantee against unreasonable search and seizure was violated when police obtained Arcese’s blood test results from Sentara Virginia Beach General Hospital, where he was taken for treatment.

After the accident, Arcese refused a breath test, Stallings said. Arcese also told police twice he would not allow them to draw blood to determine his blood-alcohol level.

At that point, Stallings said, police needed a search warrant before taking Arcese’s blood.

Instead, Stallings said, police “came in the back door” to obtain Arcese’s blood test results by subpoena from the hospital.

Arcese, who is being held without bond in the Virginia Beach City Jail pending trial, testified Wednesday that he had been drinking before the accident.

“I had a beer, a little bit of wine with dinner and a glass of wine after dinner,” Arcese said.

A nurse testified that she took Arcese’s blood as part of the hospital’s routine procedure prior to treatment.

“I told him I was not drawing blood for the police,” said Heather L. Mcinyk, an emergency room nurse at the hospital.

Mcinyk testified that she told Arcese that “if the police wanted his results, they would have to subpoena his results.”

That’s what police did, testified Beach Officer Gary Kerfoot.

Kerfoot said he was trying to get the blood because “I was going to use it for prosecution.”

Although Stallings maintained that the police action was illegal, he acknowledged that state law allows authorities to obtain blood-alcohol test results from suspects during the regular course of providing emergency medical treatment.

Mike Goodove, president of the local chapter of Mothers Against Drunk Driving, said after the hearing that the law streamlines the prosecution of people who are involved in drunken-driving accidents but refuse to take breath tests. MADD supported its passage, he said.

After the hearing, Stallings said he raised the constitutional issue, in part, to preserve it for appeal after trial. He said Arcese may plead guilty to avoid a jury trial, but could appeal the conviction if he does so.

Reach Jon Frank at 446-2277 or jfrank(AT)pilotonline.com

Copyright (c) 2003 The Virginian-Pilot
Record Number: 0304030099