Attorneys Michael Goodove and Elizabeth Ufkes have been selected as 2018 Super Lawyers. Michael Goodove was selected as a Super Lawyer in the field of Plaintiff’s Personal Injury. Elizabeth Ufkes was selected as a Super Lawyer as a Rising Star in the field of Plaintiff’s Personal Injury. Goodove and Ufkes were selected based upon evaluation by other top lawyers and independent research of the candidates. Goodove and Ufkes are listed in the 2018 Super Lawyers Magazine.
Cities have the legal right to move confederate monuments, says Norfolk attorney
A Norfolk attorney says cities have every right under the law to relocate confederate monuments, even under state law code 15.2-1812, Memorials for War Veterans, which was amended in 1997.
NORFOLK, Va. (WVEC) — Over the last week people in Hampton Roads have been protesting for the removal and relocation of confederate monuments.
However, some say relocating these monuments would be illegal under state law.
Under state law code 15.2-1812, Memorials for War Veterans, which was amended in 1997:
“It shall be unlawful for the authorities of the locality, or any other person or persons, to disturb or interfere with any monuments or memorials. For purposes of this section ‘disturb or interfere with’ includes removal of, damaging or defacing monuments or memorials.”
“But the issue has not been decided by the supreme court, if that issue is retroactive and that’s a fancy way of saying if the monument was erected before December 1, 1997 does this state statute have any affect,” said attorney Michael Goodove.
“This doesn’t stop you that’s why you are seeing the governor come out in support of the municipalities and in support of relocation of some of the monuments,” said Goodove.
This issue has already gone before a judge in Danville, back in 2015, regarding another confederate monument erected before the law was amended.
“He determined that it did not prohibit a municipality from removing these memorials,” said Goodove.
Further explaining that he would not be surprised if people continue to sue over the removal of these confederate monuments and the issue eventually ends up in the state supreme court.
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.
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