Attorney Blog

Suspect nursing home abuse or neglect? What you can do

info@weislaw.com (Blog Author)27349 — Thu, 25 Feb 2010 08:00:00 EST

If you have a friend or loved one in a Virginia nursing home or assisted living facility, you are probably concerned about the possibility that they will suffer from abuse or neglect. Even though this is an uncomfortable topic, it is important that you trust your instincts and take action if you suspect that an elder you know is being hurt.

Worried about abuse? Take action:

Learn the warning signs of elder abuse and neglect. If you see something suspicious, report it.
Contact the Virginia Office of the State Long-Term Care Ombudsman to report a suspected case of abuse.
Contact an experienced attorney to discuss your concerns about nursing home abuse or neglect.
Call or visit the facility as much as you can, or have a trusted friend of family member visit as often as possible. Not only can you head off abuse by being around frequently, but the elder will grow to trust you enough to confess that abuse is happening.
If caregivers appear stressed or if the nursing home appears short-staffed, raise your concerns with management. Stress and lack of adequate staffing are two things that contribute to abuse and neglect of elderly residents.

Please read more about nursing home and assisted living abuse and neglect in our law library. We have a large number of articles on a wide range of topics relevant to elder abuse and neglect.

Elder abuse and neglect is a crime. Please contact our Norfolk based law office to take action and secure justice for your loved one.

Woman Charged With Reckless Driving After Crashing Into Disabled Vehicle

info@weislaw.com (Blog Author)26922 — Thu, 18 Feb 2010 08:00:00 EST

Judy Davis, 62, has been charged with reckless driving after crashing into a disabled vehicle on the James River Bridge Tuesday morning. A Chevrolet Cavalier driven by 23-year-old Stephen Jeffrey Chapman broke down and stopped in the right lane just before the bridge lift. Davis struck Chapman from behind; emergency crews had to free Chapman from his vehicle. Chapman was airlifted to Norfolk General Hospital, where he remains in critical condition. Davis was taken to a local hospital, treated, and released. State police charged Davis with reckless driving after investigators inspected the crash scene and got statements from eye witnesses who said that Davis had been speeding.

Special license plates for convicted DUI offenders?

info@weislaw.com (Blog Author)25943 — Sat, 30 Jan 2010 08:00:00 EST

Does it make sense to require drunken driving offenders to put specially marked license plates on their cars? Well, whether or not it makes sense it is law in several states, and similar bills have been introduced in Virginia and Maryland.

Right now if you are convicted of driving under the influence (DUI) in, for example, Georgia, Minnesota or Ohio, you could end up with a special license plate that flags you as a convicted DUI offender. And, anybody who uses your car – your spouse, your children – would be driving around in the car as well, the target of who knows what kind of harassment.

The logic being used by lawmakers who introduce these bills is that the social stigma of having to drive a car that clearly labels an offender as a drunk driver would be an extra deterrent to drinking and driving again.

This is just another example of how anybody accused of drinking and driving becomes a punching bag for politicians looking to score points with constituents. Everybody loves to see DUI offenders have the book thrown at them – lots of time in jail, big fines, loss of driving privileges – and no lawmaker wants to appear “soft” on drunken driving.

If you are facing DUI charges in Virginia Beach, Norfolk or nearby areas then it is very important that you understand your rights. Don’t let publicity-happy law enforcement officers, judges and lawmakers have a field day while trampling on your case. Let the attorneys at Weisberg & Zaleski defend you and protect your reputation and your future.

How scammers commit elder financial abuse

info@weislaw.com (Blog Author)25861 — Thu, 28 Jan 2010 08:00:00 EST

People who financially victimize elderly nursing home residents are guilty of committing financial abuse – and they deserve to be held accountable. One way to stay on top of financial scammers and hucksters is to know how they operate.

The goal of interacting with a senior is to convince them to part with their money, and there are a variety of ways that scammers go about doing this:

Telemarketing: scammers will call seniors on the phone, and use convincing, high-pressure sales pitches to sell investments, supplements, sweepstakes, insurance or other products. These individuals are skilled at the art of verbal persuasion, and are able to reach a large number of people.
Postal mail or e-mail pitches: letters or e-mails can be personalized with the victim’s name, making the letter appear legitimate. These pitches often ask the victim to respond with a postcard, phone call or e-mail, making the offer seem innocuous. Once the victim has indicated interest, however, the scammer will try to extort a fee for a worthless product or fraudulent service.
In-person contact. Some bold scammers will make a special effort to visit a victim in person, and will either launch their pitch immediately or they will take a little time to get to know the victim and gain their trust

It is important for seniors and the people who love and care for them to be alert for signs of scams and scammers. Please don’t hesitate to get help from a skilled elder abuse and neglect lawyer if you suspect that elder financial abuse is taking place.

Turning 65 and Medicare

info@weislaw.com (Blog Author)24315 — Thu, 31 Dec 2009 08:00:00 EST

Frankly, I don't know how to categorize this subject, so I'll just go on and talk about the problem. Most of us eventually face the issue.
When you’re lucky enough to turn 65 and you're still working, what should you do? Should you quit? Do you have to quit? Can you start collecting social security payments if you decide to keep working? What about Medicare... do you have to enroll? If you have medical insurance at work, do you have to drop it? Should you drop it? What is best? What is required?
Who knows? Not me. I did turn 65, and am still working. I had no clue about what to do. Nobody tells you, and you can't look it up. Here I am, a “big shot lawyer," and I not only don't know the answer, but don't know how to find out. No use looking at the law…. too complicated. I fumbled around, made some mistakes, but somehow I'm o.k…. I guess. Of course, I have not been sick yet; that’s when the rubber meets the road.
I commend to you an article in the Wall Street Journal titled Retirees Snared by Medicare. Boy is it complicated. Check it carefully.

Chemical restraint use can be a sign of nursing home abuse

info@weislaw.com (Blog Author)23712 — Sun, 20 Dec 2009 08:00:00 EST

When nursing home residents are “difficult” or “hard to control”, some nursing homes feel justified in using restraints to keep these residents confined. They argue that restraints prevent the resident from hurting themselves – or others.

However, restraint use is extremely controversial and it is easy for them to be overused – physical restraints can be put on when not really necessary or left on for too long.

There is another form of restraint that is less well known: chemical restraint. Chemical restraint – the use of drugs to sedate or calm a resident – are used to control aggressive or unpleasant behavior. Psychopharmacologic drugs, which are drugs that are prescribed to control mood, mental status, or behavior, are sometimes used to control the behavior of home residents in this manner.

While some use of these drugs can be justified, their use can indicate or lead to abuse or neglect. If chemical restraint use is not authorized by a doctor, then it may be abuse. In addition, if drugs are being used to restrain a resident are not noted in the resident’s chart, it might be abuse (staff may be trying to hide the fact that they are using chemical restraints).

The sad reality is that psychotropic drugs like Zyprexa, Depakote, and Risperdal are sometimes used for staff convenience, and not in the best interest of the resident. If you suspect that the staff at your loved one’s nursing home are using drugs to sedate residents without doctor’s approval, then talk to the nursing home or contact an attorney.

VA Mortgage Law

info@weislaw.com (Blog Author)23686 — Sat, 19 Dec 2009 08:00:00 EST

This is December 19, 2009. I recently read in the Wall Street Journal about mortgage foreclosures in California. It described how homeowners just walked away from their homes. This means they stop paying their mortgage payment each month and then stay there until required to leave by law. After that they start renting another home, often times a better home, for a good deal less money.
Well, it can't happen in Virginia. In California, the lender can not sue the defaulting home owner for its losses incurred after a foreclosure. Evidently, there are 10 states that forbid this. California is one of them. Virginia is not.
In Virginia, you can just walk away, but the lender may come after you.
This is how it works in the Commonwealth. If the mortgage company doesn’t get a monthly payment they can begin foreclosure proceedings. Here it's pretty simple. They tell the Trustee to begin sale procedures. This means, setting a sale date, notifying the home owner of the date of sale, etc., and putting a sale ad in the newspaper. One evening when you have difficulty sleeping, check the ad section of the paper and read one or two.
At sale, the property is sold to the highest bidder. These sales are pretty interesting. They are usually at the local courthouse. Not many attend. After foreclosure expenses are deducted from sale proceeds, the balance is applied to the mortgage balance. If it's not enough to pay that, then there is a deficiency. In Virginia, the lender will make an effort to collect the balance from the homeowner. This means a law suit and a judgment against the home owner, then garnishment, etc. Often the deficiency is quite large and it means Bankruptcy for the homeowner.
So here you should not "just walk away" without getting some sound legal advice.

I Love China

info@weislaw.com (Blog Author)23684 — Sat, 19 Dec 2009 08:00:00 EST

This is December 19, 2009. We are all getting ready for Christmas. As I was getting ready and doing some shopping, suddenly I started thinking in global terms. It struck me how China saved and is saving our way of life in the USA and even our nationhood.
You say “what?” Yes I think it is true. As we all know, China sells a lot of stuff here. It keeps their people working and brings them many US dollars. They use this money to buy things and to buy our debt products. Although they hold a lot of our debt, they don't seem to be worried about it. Maybe they realize that there is no where else to go. Can't go to gold (not enough of it); they can't go to the Euro (many European countries are in deep financial trouble, Germany has to bail out Greece and maybe Italy). So they stick to the dollar. This means propping the USA up even as our leaders try to weaken the US economy.
Recently, at the UN Climate Summit in Denmark, our leaders tried to commit the US to pay poor countries some 50 Billion per year in order to fight Global Warming. How does that work? I don't know, but in any case, that was the plan. Save the Polar Bears, give Somalia some US billions. The Chinese, not wanting to see their best customer destroy its economy, just said "NO". China will not be a part of this give away. So the whole thing just kind of ended with everyone making statements of their good intentions.
Thank you China, saved us again.

Virginia Beach to be site of car crash and drug use study

info@weislaw.com (Blog Author)22408 — Wed, 25 Nov 2009 08:00:00 EST

Early next year Virginia Beach will be home to a team of researchers looking to talk with drivers about their drug habits. The study’s authors are trying to determine how drug use (prescription, over-the-counter and illegal) affects a driver’s likelihood of being involved in an auto accident.

The study isn’t cheap. It is costing about $4 million and involves interviewing 7,500 people: 2,500 who have been involved in traffic accidents and 5,000 who have not. The study will be voluntary, and those who participate will be asked to complete a survey and provide saliva and blood samples.

Some of the money will go towards paying off-duty Virginia Beach police officers to transport researchers to crash sites. The information that researchers gather at the scene of a traffic crash will not be provided to the police, and will remain confidential.

Virginia Beach was selected for the site of the study because of the number of car accidents that happen every year (there were 9,021 motor vehicle accidents last year). In addition the Virginia Beach police department is active in attempting to prevent drunk driving; 7 percent of Virginia Beach car crashes involve drugs or alcohol.

Results from the study are expected to be released mid-2011 and may be used to shape public policy for the entire nation.

Can an anonymous tip be used as the sole justification for stopping a suspected drunk drivers?

info@weislaw.com (Blog Author)20859 — Sat, 31 Oct 2009 08:00:00 EST

A ruling by the Virginia Supreme Court is attracting a lot of attention in the press, especially after the U.S. Supreme Court refused to hear the case. The Supreme Court let stand a ruling by the Virginia Supreme Court allowing that police officers can follow, but not pull over, a suspected drunk driver unless the driver does something that makes the officer reasonably suspicious.

The case in question involved an anonymous tipster who called in to the Richmond police, describing the vehicle of a suspected drunk driver. A police officer followed the man, but did not observe him driving in an overtly intoxicated manner.

The officer stopped the man anyway, smelled alcohol on his breath and administered field sobriety tests which the man failed. The driver was charged with drunk driving, and upon appeal the case ended up in the Virginia Supreme Court.

The fourth amendment factored into the ruling, with the driver’s attorney arguing that stopping him based on an anonymous tip that could not be verified amounted to an unreasonable search and seizure and that the officer had no probable cause for pulling the man over. The Virginia justices agreed.

This case could mean that future drivers pulled over solely on the basis of an anonymous tip can push back on their convictions, and it should also force Virginia police officers to be more careful about who they are pulling over and why.

International Paper Co., Franklin, VA.

info@weislaw.com (Blog Author)20846 — Sat, 31 Oct 2009 08:00:00 EST

On October 24, 2009, I was dismayed to read in the paper that the International Paper plant was closing. The plant is locared in the town of Franklin, Virginia about 40 miles west of Norfolk. The facility employs about 1,100 workers and has been operating there for mamy years. The closure, loss of jobs and revenue will be greatly hurt the local economy. Franklin is a model small town in Virginia with good old fashion values.. a good place to live and raise a family.
Well, our leaders see this as a chance to show how necessary they are to the well being of the peasants. On October 26, 2009, U.S. Senator Mark Warner swung into action. He will ask the Company to reconsider, he will seek programd to retrain workers and will seek to extend jobless benefits. On October 30, 2009, our governor, Tim Kaine, joined in. Kaine asks "what can we do with (to) International Paper.
My thought is- Where were these guys years ago when the whole thing started. Warner used to be the governor of Virginia. What did he ever do to show his concern about International Papers viability or its ability to turn a good profit and keep people employeed? The answer is nothing. Same for Kaine. Evidently he was surprised. He should not have been. The closing will cost the state $19,200,00 a year in tax revenue, and the county $13,500, 00 in tax revenue. I think that officials could have seen this coming and made some concessions. Not with these two guys. They always need more resources, uh contributions, fairness.
They throw more weeks of unemployment payments and free classes at TCC on computers at the 1,100 and then start taking bows for their concern.

Can patient care devices really reduce nursing home abuse & neglect?

info@weislaw.com (Blog Author)20596 — Mon, 26 Oct 2009 08:00:00 EST

What is one way to crack down on abusive or neglectful nursing home staff members? Make sure that they can’t falsify data in their patient care log books, for one. This may be the answer for some nursing homes seeking to improve patient care and reduce the opportunities for abuse and neglect.

A number of nursing homes in New York State will be trying out this theory, thanks to an undercover investigation by the state’s Attorney General’s office. The investigation used a hidden camera in a resident’s room to find evidence of serious abuse and neglect at one NY nursing home. As a result, a number of homes across the state will have to install point-of-care devices in all residents’ rooms.

These devices will force staff members to enter care information in real-time in the patient’s room (no walking back to a central station), as the care is provided to the patient. Proponents of this technology hope that it will ensure that the appropriate level of care is provided to all patients.

But will this new technology really make a difference? Is better record keeping the real issue behind nursing home abuse and neglect cases, or is there more to it? What about hiring practices, staff training, supervisor oversight, and pay for staff – these issues won’t go away just because nursing home residents each have a fancy computer in each room.

Better tracking of staff activities as they pertain to nursing home residents is certainly a good thing, but let’s hope it does not make supervisors and management companies complacent. Technology can’t solve all our problems, and families of nursing home residents must still remain vigilant for signs of abuse and neglect.

Supreme Court of virginia

info@weislaw.com (Blog Author)20457 — Fri, 23 Oct 2009 08:00:00 EST

Earlier this week I went to Richmond, Va. to present a case to the supreme court of Virginia. If a party gets a bad result in the trial court you are entitled to appeal your case. In civil cases, the appeals go directly to the Supreme Court of Virginia. These cases can involve personal injury law suits.
The Supreme Court of Virginia does not hear every case that is appealed to it. Rather the Appellant must file a Petition for Appeal with the Court inwhich the Appellant asks the Court to accept the case for review. In addition, the Appellant is entitled to appear before the Court and present reasons why the Court should accept the case. This is what I did. Appear before the Court and state orally as to why the case should be heard. The other side, the Appellee, does not participate in the hearing. The hearings are brief, and the Court takes the case under advisement, meaning, they will let you know, don't call us, we'll call you.
I understand that the Court receives about 3,000 Petitions a year, but is in a position to only accept about 150. About a 1 in 10 chance of getting your case heard by the Court. Wow! What this means is that you better win you case at trial because your chances on appeal are slim.

The CMS Special Focus Facility Nursing Home List

info@weislaw.com (Blog Author)19260 — Wed, 30 Sep 2009 08:00:00 EST

If you’re researching nursing homes, you may have come across a few designated as “Special Focus Facilities” (SFF). This is a label used by the Centers for Medicare and Medicaid Services (CMS) to classify homes that require additional oversight and penalties for sub-standard care.

Read more about Special Focus Facilities in our nursing home law library article

“Should I avoid nursing homes designated as “Special Focus Facilities”?”

Nursing homes in the CMS SFF program are listed in five different categories:

New Additions: nursing homes that were just added to the SFF list
Not Improved: Nursing homes that have been given time to improve but have not shown significant improvement.
Improving: These nursing homes have shown significant improvement. This list of homes is being monitored to make sure that they keep improving. If homes stay on this list for 12 months, they can graduate from the SFF program.
Recently Graduated: Nursing homes that maintained significant improvement over a 12 month period (2 surveys) and are no longer considered a SFF.
No Longer in Medicare and Medicaid: Homes on this list were either recently terminated from participation with Medicare and Medicaid or chose to no longer participate in the programs.

Please visit our nursing home law library to read articles about nursing home abuse and neglect, and read our nursing home blog for additional information.

Do seat belts and air bags REALLY make a difference?

info@weislaw.com (Blog Author)19050 — Mon, 28 Sep 2009 08:00:00 EST

Do you ALWAYS buckle up when you get behind the wheel? What if you are a passenger in the back seat of a car – do you wear your seat belt then, too?

Some Virginians are consistent about their seat belt use, while others will wear their seat belt only when they drive, but not when they’re a passenger. Others shun seat belts completely, feeling they are the product of a “nanny state” bent on removing all personal decision making and responsibility from our daily lives.

If you’ve been feeling wishy-washy about wearing your seat belt or if you have sometimes wondered if those airbags you paid for were really worth it, these statistics may help. According to AAA Mid-Atlantic, the correct use of seat belts combined with air bags could mean the difference between life and death in a motor vehicle crash. That’s a pretty heavy claim.

Here’s what AAA has to say about seat belt and air bag safety:

Between 1975 and 2006, seat belts have saved 226,567 lives
Front-seat passengers cut their risk of fatal injury by 45 percent when they wear a seat belt
An additional 5,441 lives could have been saved in one year if all passenger vehicle occupants over the age of 4 had been wearing safety belts
Child restraints saved the lives of 425 children under the age of five in one year
Between 1975 and 2006 a total of 8,325 lives were saved by child restraints
Air bags saved 2,466 lives between 1987 and 2006

Read more about seat belts in our auto accident law library article “Common Questions about Virginia’s Seat Belt Laws”.

Rush Hour Traffic Accidents , Sept. 16, 2009

info@weislaw.com (Blog Author)18456 — Wed, 16 Sep 2009 08:00:00 EST

Today there was a terrible auto accident on the MM bridge tunnel. I-664. It happened during rush hour, tying up traffic on the bridge-tunnel complex for hours. One person killed, just trying to get to work. Just yesterday, candidates for governor debated transportation costs and taxes in Norfolk. One accused the other of sponsoring new taxes to pay for new roads. The other accused the other of having no plan.
Neither will tell the voters what needs to be done. Only painless solutions here.
I guess lawyers will be hired to sue motorists to recover damages because of injuries sustained. Sure wish I could think of a way to sue politicians for the injuries they allow to happen.

Leonid Brezhnev

info@weislaw.com (Blog Author)18128 — Wed, 09 Sep 2009 08:00:00 EST

Well, you know, I think about the old USSR now days. Sometimes my thoughts run to Leonid Brezhnev. You remember this guy. He was a former Chairman of the Communist Party USSR. As I recall he died in the early 1980s. We here in the USA thought that he was a tough guy, hard as nails, unyielding. But I recall a story about him. Supposedly about 1979, he was meeting with his advisors. The subject was the poor harvest in the USSR, and how there would not be enough wheat or food to eat. He listened to the statistics being read and reported to him. At the time Leonid was close to 80 years old. Finally after hearing how communism had damaged the economy, he said "stop, enough!' He turned and walked away, saying "the less you know, the better you sleep." In this day and age these are words to live by.

Concerned about Virginia nursing home abuse & neglect?

info@weislaw.com (Blog Author)17590 — Thu, 27 Aug 2009 08:00:00 EST

If you have had to make the difficult decision to put a loved on into a Virginia nursing home or long-term care facility, you know all about the anxiety of making sure you don’t pick a “bad” facility.

Some factors to take into consideration when selecting a nursing home are listed below. If your loved one is already in a nursing home facility, you can use this list to see if you missed anything in your initial investigation.

Do the other residents look happy and well cared for?
Is the facility clean and orderly? How about the patient rooms?
Are there any strange or unfamiliar odors in the facility?
Do the staff members interact well with the residents? Are they friendly?
Does the facility perform background checks on all employees?
What is the staff to patient ratio? (You’ll want to know if the ratio varies on weekends, holidays, or at night – times when residents are at risk of receiving substandard care).
If the home had any deficiencies noted on its last inspection report (which you should read), what is being done to address them?

You can find a wealth of information about nursing home abuse and neglect in our law library. Articles include “Speaking up when you fear nursing home abuse or neglect”, “Majority of Virginia Nursing Homes have Deficiencies in Care”, “Signs of elder abuse, neglect, or exploitation” and more.

Labor Day weekend – a time for fun, family, and deadly traffic accidents

info@weislaw.com (Blog Author)17513 — Wed, 26 Aug 2009 08:00:00 EST

Labor Day weekend is a time for friends and families to gather and celebrate one last time before children return to school and the cool days of fall descend. It is also one of the deadly traffic accident weekends carefully monitored by the Virginia Department of Motor Vehicles (DMV).

The Virginia DMV collects accident and fatality statistics for six big holiday weekends to observe trends over time. The major holiday weekends are New Years, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.

Since Labor Day is fast approaching, this is a good time to remind drivers to stay save on the roads during this busy weekend. Drivers should keep their eyes out for distracted drivers, aggressive drivers, tired drivers, and drunk drivers.

If you are wondering just how deadly Labor Day weekend can be, check out these statistics from the last five years:

Labor Day Deaths in 2008: 7
Labor Day Deaths in 2007: 22
Labor Day Deaths in 2006: 13
Labor Day Deaths in 2005: 10
Labor Day Deaths in 2004: 17

If you find yourself involved in a Labor Day weekend crash with a negligent driver, don’t hesitate to protect your rights by speaking with an experienced attorney. You can reach the Norfolk office of Weisberg & Zaleski by calling (800) 690-0235.

Probable Cause and Motor Vehicles

info@weislaw.com (Blog Author)17075 — Tue, 18 Aug 2009 08:00:00 EST

I don't know if you know it or not, but our police can not just stop a motorist without probable cause to do so. This means that some kind of traffic law must have been broken. I will not talk about DUI checkpoints; that is a subject for another Blog.
So, it must appear that some wrong has occurred: bad driving, weaving in and out, speeding, an equipment violation, expired stickers, etc., the list goes on. Once that happens, the officer can stop the vehicle. Then, if he sees illegal activity, he can carry out an arrest and subsequent search.
Recently, I tried a case defending a young man who was charged with carrying a concealed weapon, a pistol. Actually, it was underneath the driver's seat.
The facts of the stop were these. Police get a report of shots fired at a party at a certain residence. A police car is sent to the house. Just as the officer arrives, my client is driving away from the residence. No bad driving, just leaving. The officer stops my client's car, and searched the car supposedly with my client's permission. The officer finds a pistol and arrests my client. However, I pointed out to the Judge that there was no probable cause for the original stop, therefore a bad search, even with permission. Accordingly, the case was dismissed.
We here in the United States are entitled to go about our daily affairs without be stopped by police officers, unless there is probable cause. No police officer hunches or maybes.

Virginians: Stop texting and drive!

info@weislaw.com (Blog Author)16117 — Thu, 30 Jul 2009 08:00:00 EST

Have you ever wanted to tell another driver “stop texting and drive!” Well your instincts are sound. More and more research studies are confirming what many of us know instinctively: texting while driving can lead to serious car accidents. (Read about recent research findings from Virginia Tech and the University of Utah in our law library article “Texting while driving can result in deadly car crashes”.)

Despite the dangers, many drivers are all too eager to text behind the wheel. A poll by the AAA Foundation for Traffic Safety found that 87 percent of drivers consider texting or emailing while driving a “very serious” safety issue. Compare these results to the 90 percent of drivers who consider drunken driving a serious threat.

However, other surveys reveal that the perception of danger isn’t enough to deter drivers from texting. 21 percent of drivers have admitted in polls to texting or emailing while driving – and these numbers may be low because people are often reluctant to admit to bad behavior in a survey.

The most dangerous group of texters? Young drivers. Not only are young drivers already at an increased risk of causing auto accidents, but they are also more likely than older drivers to text behind the wheel. Half of drivers aged 16 to 24 have admitted to texting while driving, while 22 percent of drivers 35 to 44 admitted to it.

Will Virginia’s new secondary enforcement law banning the sending or receiving of text messages by drivers make a difference? That remains to be seen.

Health Care Reform and GM

info@weislaw.com (Blog Author)15629 — Tue, 21 Jul 2009 08:00:00 EST

You wouldn't think that these two subjects are related but they are. I read in the Wall Street Journal that GM is going to reopen its assembly plant in Orion, Michigan. They are going to build the new "Green Cars" there. You know, the small "knees to the chest" 4 passenger, 4 cylinder coupes that they drive in Europe. These cars get 35 mpg. The people in Eastern Europe drove these around. You may say that Americans won't buy these. Maybe, but as I have said here before, the government "has ways of making you buy them." I am sure that they will, through a combination of $6.00 gas prices, gas guzzler taxes on larger cars, and incentives to buy these. However, our leaders need something better. You won't see them near one unless it's for a photo op.
I also read in the journal (July 18, 2009 edition) that our leaders, and their staffs (they are around their staff every day, and they don't want to hear grief from them) will not be required to sign on to Obama Care but can keep their present insurance. They don't want to jump into the pool with you, the peasants, on this one.
This reminds me of the old USSR. Their leaders rode around in luxury Zil vehicles (actually Mercedes knockoffs). They also had their own doctors and clinics. Sounds like where we are headed.

Drug Residue

info@weislaw.com (Blog Author)15302 — Tue, 14 Jul 2009 08:00:00 EST

The subject is "drug residue." It is a felony offense in Virginia to possess cocaine (carries up to 10 years in prison). Of course, the law requires that the person "knowingly" and "willfully" possess the cocaine. When we talk about residue, the issue arises as to whether the Defendant, my client, could knowingly possess cocaine if the amount is so small that it is residue.
I tried a case involving the simple possession of cocaine (I use the term "simple possession" to distinguish the situation from "possession with intent to distribute"). In order to prove the guilt of the Defendant, the Commonwealth had to show that my client "knowingly" possessed residue of cocaine present on a digital scale. Well, the chemist from the Virginia State Lab testified that she could not see any cocaine on the scale. In order to test for it, she dipped a cotton swab in some alcohol and swabbed the scale plate with the swab. She then tested the swab and "voila" found cocaine residue.
Accordingly, my client was found guilty of simple possession of cocaine although the presence of cocaine was not readily apparent to the naked eye. Since he possessed a digital scale, he must be guilty. So much for the presumption of innocence.

Allan Zaleski in Recent Article

shannon@weislaw.com (Blog Author)14882 — Mon, 06 Jul 2009 08:00:00 EST

Allan Zaleski has been in the news recently after John Grisham announced that he will be writing a screenplay about the Norfolk Four.

Michelle Moore-Bosko, a young Navy wife, was raped and murdered in her Norfolk home in 1997. Eight men were arrested; five of them were eventually charged. Four of the five men now say that they only confessed to the crime under threat of the death penalty. The fifth man, Omar Ballard, has admitted to killing Moore-Bosko alone, and is the only one who’s DNA was found at the scene. Danial Williams, Joseph Dick, Jr., and Derek Tice were convicted of rape and murder and are still in prison serving double life sentences. Eric Wilson, who was only charged with rape, has been released from prison. Since the verdict, the case has been reviewed by a number of experts, including ex-FBI officials, who agree that the men were wrongly accused and falsely confessed.

Allan Zaleski was one of the lawyers who represented Derek Tice. He believes that his client should be pardoned. Michelle Moore-Bosko’s parents believe that all of the men convicted are guilty of their crimes and do not want their story to be adapted to a screenplay.

Cap and Trade

info@weislaw.com (Blog Author)14625 — Wed, 01 Jul 2009 08:00:00 EST

Well, I hear that Cap and Trade has passed. Whatever that is. The reason that it has a vague name is because our leaders in D.C. don't want the peasants to know that it is really a big tax increase. Our utility bills will go up a lot. Maybe $200 a month. The leaders figure that since the bill comes from the utility company that the dumb peasants will blame "big electricity" or "big natural gas" or "big telephone." They will hold hearings to try to find out what is going on. They think you will be fooled again. Me, I've been fooled 1,000 times by these guys.
Our president said "no new taxes", actually 90% will get a tax cut. I'm still waiting for Bill Clinton's middle class tax cut. As I said I've been fooled 1,000 times. But not going for 1,001.

Getting MADD about car ignition interlocks for DUI offenders

info@weislaw.com (Blog Author)14556 — Tue, 30 Jun 2009 08:00:00 EST

Ignition interlock devices – a device that can be connected to car's ignition to check for the presence of alcohol in the driver's breath before the car can be started – are a hot topic in the news lately.

The group Mothers Against Drunk Driving (MADD) has broken off ties with an unusual former ally, the distiller-backed Century Council. The stated purpose of the Century Council, a non-profit based in Arlington, Virginia, is the "development of programs and policies to fight drunk driving and stop underage drinking".

MADD severed ties because of Century Council's insistence that they focus their efforts on hard-core drinkers, those with BACs well over the 0.08 target preferred by MADD. Council research has shown that the mean BAC of drivers arrested for drunk driving is 0.16, double the legal limit in Virginia.

MADD stated that it would not partner with the Century Council as long as it "undertakes initiatives, whether intentional or not, that condone underage drinking and undermine the 21 Minimum Legal Drinking Age."

Century Council wanted to back off of targeting social drinkers who might get caught in a roadblock, preferring to focus funding and time where they believe it will do the most good. Requiring ignition interlocks for drivers arrested with a BAC of 0.08 – one of MADD's goals – is not something they support.

Texting While Driving Illegal Beginning July 1st

info@weislaw.com (Blog Author)14456 — Mon, 29 Jun 2009 08:00:00 EST

According to the Virginia DMV, driver distraction is the cause of the majority of crashes; last year, it was a factor in 28,395 crashes which resulted in 114 deaths and 14,480 injuries. Beginning this Wednesday, the first of July, texting and sending emails while operating a motor vehicle will be illegal. This law, like the state's law regarding seat belt violations, is a secondary offense; a driver cannot be pulled over for texting alone, they must also be committing a primary offense. The fine is $20 for a first offense and $50 for each offense thereafter.

There are a number of exceptions to this law, including drivers who are: parked, reporting an emergency, and using GPS devices. Emergency vehicle operators are also exempt from the texting ban.

Criminals in nursing homes... as residents?

info@weislaw.com (Blog Author)14324 — Thu, 25 Jun 2009 08:00:00 EST

A case in Oregon has highlighted a challenge faced by authorities when they try to decide how to care for elderly criminals. It is a challenge for authorities, and a concern for nursing home residents and their families.

In the Oregon case a 92 year old man shot and killed his daughter and shot and wounded his son. Police stated that the man was suffering from “mental issues”.

A judge agreed with the man’s attorneys who stated that the elderly gunman suffers from dementia and was mentally unfit to stand trial. As a result, the man will be placed in an adult care home instead of in a state mental hospital or prison.

This is not an isolated incident. It isn’t unusual for states – including Virginia – to house elderly or mentally incapacitated criminals in nursing homes. In fact, there are documented cases of sex offenders being housed with ‘regular’ nursing home residents, sometimes to the detriment of the residents.

Earlier this year a bill was passed to requires long-term care facilities to register with the state so they can receive information about sex offenders living in or near their facility. They must also help residents look up information about nearby sex offenders if asked.

Some critics would like to see the law expanded to require that facilities notify residents and their families if a sex offender is living in the same facility. Some advocates for the elderly go even further and suggest that criminal background checks be done on all nursing home and assisted living patients.

VA Beach DUI-Enforcement Officer Arrested With .15 BAC

info@weislaw.com (Blog Author)14148 — Mon, 22 Jun 2009 08:00:00 EST

Officer Bryan K. Womble, 36, is one of eight members of the Virginia Beach Police Department's Selective Enforcement Team (SET). According to vbgov.com, the unit was formed in 1987 in order to "address the city's increasing fatality and alcohol- related accident rates." Womble specializes in enforcing drunken-driving laws; he arrested Bruce Smith, a retired NFL star, last month and made 70 DUI arrests in 2007. Womble was invovled in a crash at the oceanfront at 2 a.m. Saturday morning while off-duty. He failed three out of four sobriety tests, was arrested by his supervisor, and was charged with DWI. Womble registered a .15 blood alcohol content, almost twice the legal limit of .08. He was released from jail on bond; his trial is set for July 27.

Health Care Reform

info@weislaw.com (Blog Author)13896 — Thu, 18 Jun 2009 08:00:00 EST

I note that our leaders in Washington are about the give free health care to all who are in the United States. (Note that this means citizens, non-citizens, Gitmo releasees, passers through, legal aliens, illegal aliens, or even space aliens). Well, you may say it’s long overdue and badly needed. I guess so; I have no answers to the problem. As a great doctor once said, "First, do no harm.” I think that we will get an idea about what is happening with this by watching a couple of things. What will be the status of our congressmen, senators, white house workers, and their families? If they get any kind of special "opt out", you know we, the peasants, are in for a hosing. Just like with social security retirement, those folks got out of the system. The second are union members from unions that supported Obama. I hear that the administration’s bill gives them an “opt out.” Very suspicious, if it was that great, they’d want in. We await events, will see what happens.

Cap and Trade

info@weislaw.com (Blog Author)13219 — Thu, 04 Jun 2009 08:00:00 EST

To be frank, I'm not so sure of what "cap and trade" is. I suspect that it is a secret tax on utilities. The idea is to collect a tax on electricity use from the power company. They pass it on to the consumer, you, and your power bill goes up. Voila! More revenue is raised, the peasants blame the greedy power company (they are too stupid to realize the real culprits) and they fight global warming by using less power (they can't afford not to).
This seems to be a win/win situation. More money for programs. No leaders to blame for higher taxes. Plus we all are saving the polar bears by sweating a little in the summer. A/C is really not necessary. In the south and west, those people don't vote for the Dems anyway, so let them sweat.
This program seems to be losing steam in Congress so we will wait and see.

Obama and Gas Prices

info@weislaw.com (Blog Author)13218 — Thu, 04 Jun 2009 08:00:00 EST

Well, our new president is in office. According to popularity polls he's doing alright. He's doing a good job fighting to get our economy back on track.
But disquieting feelings come over me about gas prices, the GM situation, and gas milage requirements. As I have said, our leaders want higher gas prices, but they are afraid of being blamed for it. John Kerry favored a $5.00 gas tax to raise the price to European levels thereby forcing you guys (the peasants) to ride buses or trains, or ride bicycles. Of course the time of our leaders is too important and for security reasons, they would travel around in large roomy SUVs.
GM will be manufacturing these small cheap cars that get 40 mpg. I know that you don't want to buy these as your family vehicles. But as the GESTAPO used to say "we have ways of making you" buy these. I seem to see a coming together of these factors. The Greens want you to use public transportation or high milage vehicles, so raise the gas prices. The UAW wants you to stop buying foreign manufactured motor veichles, and buy GM vehicles. Gas prices creep up, no one cares but the peasants. Secretly, the Greens, UAW and government elites applaud. Rich people can afford it. I say watch out, watch them like a hawk. They mean to change your life style

Concerned about your first DUI experience?

info@weislaw.com (Blog Author)13040 — Sat, 30 May 2009 08:00:00 EST

Being pulled over by a Virginia law enforcement officer can be a frightening experience. Especially concerning is if the officer suspects you have had too much to drink. Many people are surprised at how aggressive officers can be when assessing your fitness to drive.

You may have been asked to submit to the ‘walk and turn’ field sobriety test, a questionable evaluation technique that is somewhat controversial. Then perhaps you experienced the horizontal gaze nystagmus (HGN) test, which also has issues (click on the links to read more about each test).

The laws for first time offenders are very clear. In Virginia a DUI is a Class 1 misdemeanor which carries a maximum punishment for the first offense of a $2,500 fine, one year in jail, and the loss of your driving privileges for one year.

The prospect of losing your license for a year is daunting, but be aware that the judge has the ability to allow you to get a restricted license so you can drive to school and / or work. You will also have to enroll in – and complete – the Virginia Alcohol Safety Action Program (VASAP).

DUI convictions in Virginia are a serious matter, and one you should not succumb to without a fight. If you are concerned about being convicted of driving under the influence, contact an attorney to discuss your rights and your options.

The importance of speaking up about nursing home abuse and neglect

info@weislaw.com (Blog Author)13038 — Sat, 30 May 2009 08:00:00 EST

Few things are worse than suspecting your loved one is being abused or neglected at a Virginia long-term care facility that you helped select. Unfortunately, sometimes well-meaning family members ignore the signs of elder abuse and neglect for fear of 'rocking the boat' or concern that staff will take it out on their loved one if concerns are raised.

Sadly the one who suffers in situations like that are the resident themselves. Some nursing home residents are really powerless to speak up about substandard care or if they can speak up they can't effect change in their facility. It is very important that you learn to spot the signs of potential nursing home abuse and neglect, and be ready to take action if you see them.

If you decide to speak up about abuse or neglect, make sure you keep a written record of what happened and what steps you took to intervene. Keep track of everything that has happened and who was involved, including dates. Other places you can go for help include long-term care ombudsman, citizen advocacy groups, legal services, and the Virginia state licensing and certification agency.

To speak with an experienced Norfolk based nursing home abuse and neglect attorney, please contact the offices of Weisberg & Zaleski, P.C. at (800) 690-0235.

Bail bonds and the British Empire

info@weislaw.com (Blog Author)12350 — Fri, 22 May 2009 08:00:00 EST

When the British were in charge of the 13 Colonies, they did not believe in releasing defendants on bail prior to trial. One of the gripes the Colonists had with the British was being in British custody for many months without trial; that's why the right to "reasonable bond" is in our U.S. Constitution. Article I, Section 8 of our Virginia Constitution says that "excessive bail ought not to be required.” The reason that I bring this to your attention is that most folks don't like the fact that bail is available to "criminals." A person accused of our most heinous crimes such as child molestation, DUI third offense, or big drug dealing should not be turned loose. Or should they get bail? Well, the real problem is when the bailed "criminal" goes out and commits another crime. DUI defendant gets bailed, gets drunk, drives, and hurts someone in an auto accident. Suddenly, our judges and prosecutors start running for cover. Here in Norfolk, one James Moore got bailed and allegedly murdered his ex-girlfriend. The matter is reported in the May 19, 2009 edition of the Virginian Pilot. The man would probably have been bailed anyway. This sort of stuff makes it more difficult to obtain reasonable bond for our clients. I say change the Constitution if you don't like it. Until then, this is the nature of the country that we live in.

Motor Vehicle Searches- Supreme Court of the United States

info@weislaw.com (Blog Author)11426 — Wed, 29 Apr 2009 08:00:00 EST

Last week, April 21, 2009, the Supreme Court of the United States handed down a very significant opinion affecting the "war on drugs" and the right of U.S. citizens to be secure against illegal searches.
Prior to the decision, Gant v. Arizona, if a driver was stopped by a police officer for a traffic offense, and then was arrested for that offense, the police officials would conduct a search of the vehicle. The idea was that the search was incident to an arrest, that the defendant might have a weapon in their car. Most of the time, the search was conducted while the defendant was in custody, handcuffed and seated in the back of a police vehicle.
The Court found that that logic was specious. There is no danger that the defendant could get to a weapon in his car. Accordingly, the Court found that the "fruits" of the search were inadmissible. The logic of this decision does not seem odd or unusual, yet these searches were routinely approved based on the need for "officer safety" lest the handcuffed defendant get to his car and secure the weapon. Justice Scalia, a conservative member of the Court, wrote the majority opinion.

How many aggressive drivers do you see on the road every day?

info@weislaw.com (Blog Author)11304 — Sat, 25 Apr 2009 08:00:00 EST

Take a look around the next time you are driving and see if you can spot an aggressive driver. It shouldn’t be hard, these days they seem to be everywhere. They’re the one speeding down the road, weaving in and out of traffic, and honking when other drivers don’t get out of their way fast enough.

If seeing this kind of behavior on the road concerns you, well it should. Some studies have estimated that over half of all fatal accidents can be attributed to aggressive driving. And, like drunk driving accidents, it only takes one aggressive driver to cause a serious wreck with two or more vehicles that claims innocent victims.

But it isn’t just innocent victims being killed or seriously injured in aggressive driving accidents. A recent study by the American Automobile Association (AAA) Foundation for Traffic Safety revealed some interesting statistics. According to AAA, of nearly 120,000 killed in aggressive driving accidents, just over half were the aggressive drivers themselves. Their passengers accounted for just over a quarter of all fatalities, and occupants of other vehicles made up for the rest.

What does this tell us? Yes, aggressive drivers are a serious issue on the road. However, the numbers tell us that aggressive drivers are mainly a danger to themselves and their passengers. Keep this in mind if you spot an aggressive driver menacing your local roads – stay out of their way, and avoid engaging in dangerous driving yourself.

The Non-Suit

info@weislaw.com (Blog Author)10974 — Wed, 15 Apr 2009 08:00:00 EST

This involves civil litigation only. The idea is that of the voluntary non-suit. Its basis is Section 8.01-380 of the Code of Virginia. It is a powerful tool available to the plaintiff in a civil law suit, especially in personal injury cases. The Section allows a plaintiff to dismiss his claim, with the right to bring it back, at any time before a final decision is made. Thus, if the trial is not going well, a plaintiff can tell the Judge that he wishes to take a non-suit. At that point the case ends. It can be brought back again, starting all over. It is kind of a legal "mulligan" (using a golf term).
There are some restrictions and note worthy things about this creature. The first non-suit is taken as a matter of right. This means that the presiding Judge must grant a request for a non-suit; no objection to the taking of the first non-suit can stop it. Second non-suits are only given at the discretion of the Judge. After taking the non-suit, the action must be re-filed within 6 months. The re-filing must be done in the same Court.
It is as if two football teams are getting ready to play, when just before kickoff, the home team is allowed to say "Nah, we'll do this another day." Wow! What an advantage. That is why the smart lawyer uses it only when necessary. It should not be wasted for trivial reasons; you may find out later that it's not available when you really need.
Over the years, this law has come under fire as insurance companies have tried to get the law changed. So far they have not been able to change it. In criminal law there is a similar concept whereby the Commonwealth of Virginia can ask for a nolle prosse, but it is different and the subject of a future blog by me.

Marijuana Cases II

info@weislaw.com (Blog Author)10906 — Mon, 13 Apr 2009 08:00:00 EST

This is my second note about marijuana cases. No matter what our personal opinions, marijuana is still illegal. In Virginia, simple possession is a misdemeanor. First offense carries up to 30 days jail. A second or subsequent offense is punished as a class one misdemeanor, with up to 12 months jail and a $2,500 fine.
Recently, I won a case on technical issues. In order to convict a person of this offense, the Commonwealth would be required to show that the substance in question is, indeed, marijuana. Seems logical, right? In the past, the item had been sent to the State lab for analysis by a scientist. In the real past, pre 1975, the chemist actually came to court to testify. How quaint. The first change was to have the chemist complete a certificate saying it was m/j and file that with the Court trying the case. If the accused wished, he could subpoena the chemist to Court.
Recently, the law was changed again. The lab was too busy (er, not enough State Chemists.. don't pay enough to attack chemists). To solve this problem, police officers use a "kit" approved by the State Dept. of Forensic Sciences to test the substance. If the test determines it's m/j, the arresting officer can testify to the result, but the accused must be allowed to request a State Lab test at anytime prior to trial. However, I noted that the "kit" had to be approved. In my case, the officer merely testified that the substance tested as m/j using a "kit." However, he never said that the "kit" had been approved. This failure required the Court to dismiss the charge because there was no proof that the substance was m/j. As I have said before, you never know where your wins come from. My client was stunned; he thought he was due to be convicted.
I understand that the Courts in Virginia Beach (General District) allow this to be shown by the "expert testimony" of the officer. No chemist, no "kit" is needed. Evidently, this is a technicality that they can ignore.
As I have said before, your lawyer needs to be on his toes in this business.

Supreme Court of Virginia

info@weislaw.com (Blog Author)10594 — Fri, 03 Apr 2009 08:00:00 EST

On April 1, I appeared before the Supreme Court of Virginia. The hearing was before a three Judge "Writ Panel”… I must explain. The Supreme Court of Virginia does not hear every case presented to them; rather, the Court only hears cases selected by them, and they select those cases which are deemed worthy of consideration by the Court.
What happens is that the aggrieved party (the Appellant) files a Petition for Appeal with the Court. The other side (the Appellee) can then respond in writing. After that, and assuming that the Appellant has done everything right (a big assumption in view of the various hurdles and deadlines), the Court schedules this hearing before a Writ Panel.
The Appellant is the only party heard from at these hearings. No testimony is heard. The Appellant gets 10 min. to have his say. The three Judges may ask questions, but sometimes they don't. In my case, none of the Judges had any questions for me. I merely said what I said.
My client was present along with me, although he was not to be heard. Usually, the parties are not present. No decision is made at the hearing; within 30 days the Court will respond in writing.
Each year, the Court gets about 3,000 Petitions but can only hear as many as 50 cases, so the odds are against getting the Court to accept your case (about 2%, one in 50). The odds before the Supreme Court of the United States are even worse. Some years back I filed a Petition with the Supreme Court of the United States in a criminal case. It was a very interesting case and I thought that I had a chance of getting the Court to accept the case. Well, no dice. It was in October, they still had about 2,000 appeals, and decided not to accept any case (0 for 2,000).
What all this means is that you had better win your case at trial because appeal is truly the "hail mary pass."

Forfeiture of Money Cases

info@weislaw.com (Blog Author)10355 — Fri, 27 Mar 2009 08:00:00 EST

Forfeiture cases. Lately we have been getting a number of forfeiture cases. These matters involve the seizure of money found on persons or in their automobiles when that person is arrested for a drug offense by local police officers. The amounts involved in our cases range from $1,000 to $25,000. The police officers just take the money, and later the person gets a notice from the local office of the Commonwealth's Attorney that the money is to be forfeited to the Commonwealth of Virginia because the money is the product of the sale of illegal drugs or it is used in the sale of illegal drugs. The Virginia law involved is Section 19.2-386.22 of the Code of Virginia. In many cases the person just accepts the loss of the money and does not appear in Court to fight the forfeiture.
We have had quite a bit of success in these matters and handle the cases on a contingency basis, so our clients do get a substantial portion of their money back by taking these matters to court.

Nursing home fined $75,000 for lying about resident who choked to death

info@weislaw.com (Blog Author)9457 — Fri, 27 Feb 2009 08:00:00 EST

Losing a loved one in a nursing home death is bad enough, but finding out that the nursing home covered up the real cause of death would be terrible. Even worse, what if the nursing home was actually responsible for the resident's death?

An Anaheim, CA nursing home has been fined $75,000 for reporting that an elderly resident died of a heart attack when in fact he died after choking on a tuna fish sandwich. What makes this situation worse is that the nursing home was not supposed to be feeding the man solid food. According to the California Health and Human Services documents, the Anaheim Crest Nursing Center resident was only supposed to receive pureed food as he suffered from dementia.

It wasn't until the coroner completed his investigation into the man's death three months after the incident that the true cause of death came to light. Once the corner ruled that the man had died from choking on a sandwich, the facility disclosed the truth. According to State papers, staff at the nursing center did not try to clear the victim's throat, check him for aspiration or provide any emergency treatment.

The nursing home decided to conduct another investigation of the incident after learning of the autopsy results. They allegedly found that the resident had grabbed a sandwich from a food tray. The nursing home is planning to appeal the fine as they claim that only one person at the facility knew the real cause of death and did not speak up.

Concerned about a suspicious death or worried about how your loved one is being treated in a Virginia nursing home? Contact the experienced attorneys at Weisberg & Zaleski to discuss your situation for no cost or obligation.

Gas Prices 2009

info@weislaw.com (Blog Author)8148 — Fri, 16 Jan 2009 08:00:00 EST

THIS IS JANUARY 16, 2009 AND GASOLINE PRICES HAVE DROPPED FROM THE SUMMERTIME HIGHS. THIS A.M. THE PRICE OF A BARREL OF OIL IS ABOUT $36.00. THIS IS CONSIDERABLY LOWER THAN THE $145 HIGH THIS SUMMER, HOWEVER, GAS AT THE PUMP IS ABOUT $1.59 A GALLON. IT SHOULD ACTUALLY BE LOWER, ABOUT $1.39 OR SO, BUT THERE IS NO ONE TO COMPLAIN; THE OIL COMPANIES MAKE MORE MONEY, THE CONSUMERS (PEASANTS) ARE THANKFUL THAT IT'S NOT $4.00 A GALLON ANYMORE. OUR LEADERS ARE HAPPY THAT THEY DON'T HAVE TO WORRY ABOUT A PEASANT REVOLT; ONLY ENVIRONMENTALISTS ARE UNHAPPY. YOU GUYS WILL DRIVE AROUND TOO MUCH, MAYBE EVEN BUY THOSE DISGUSTING SUVS, AND NOT BUY A HYBRID. HEY, I KNOW WHERE YOU CAN BUY A TRABANT CHEAP. THESE CARS WERE MANUFACTURED IN COMMUNIST EAST GERMANY BEFORE THE WALL CAME DOWN. I THINK THAT OUR LEADERS WISH THEY COULD SOMEHOW MAKE YOU DRIVE THOSE AROUND; YOU KNOW, FOUR CYLINDERS, TOP SPEED 55 MPH, A PIECE OF JUNK. WATCH OUT, THESE GUYS ARE STILL AROUND. THEY WANT YOU TO RIDE A BUS, AND IF NOT THAT, DRIVE SOME TRABANT-LIKE VEHICLE (SAME PRICE AS AN SUV), THE DIFFERENCE TO GO INTO GOVERNMENT COFFERS. BUT NO NICE CARS FOR THE LIKES OF YOU, THE NICE CARS AND SUV’S ARE FOR OUR LEADERSHIP CLASS. THINK IT WOULDN'T HAPPEN? IN THE OLD USSR, THE FOLKS DROVE AROUND TRABANTS AND THE "LEADERS" ROAD IN RUSSIAN LUXURY ZILS. HAD NOTHING TO DO WITH MONEY, RATHER YOUR POLITICAL POSITION. WE WILL SEE WHAT HAPPENS. A NEW PRESIDENT IS GOING TO COME INTO OFFICE. HOPEFULLY, HE WILL CONTINUE TO CONSIDER THAT FREEDOM IS A MOST IMPORTANT ASPECT OF AMERICAN LIFE. SEE THE USA IN A CHEVROLET!

Financial Exploitation of Nursing Home Residents

mindywein@cox.net (Blog Author)7400 — Thu, 18 Dec 2008 08:00:00 EST

Elderly adults are especially vulnerable to abuse, including financial exploitation. Financial abuse can be caused by a family member, friend, relative or even a nursing home employee. These abusers are able to manipulate elderly adults through the use of intimidation, coercion or trickery.

Why don’t the victims of financial abuse tell someone? Unfortunately, it is common for an abused elderly adult to not speak up about the financial abuse and there are many explanations for this behavior. For instance, in the case of financial abuse at a nursing home, the resident may be too afraid of what the abuser might do if they reported him or her to the authorities. They could also fear that they will be evicted from the nursing home if they report financial abuse at the facility. There are cases where elderly adults are confused and/or unaware that they are being abused financially.

If you have a loved one living in a nursing home or other facility, you need to know what signs to look out for that would indicate financial abuse. For example, if there is unusual financial activity, revisions to financial documents or missing valuables, your family member may be a victim of financial abuse. Also, if you notice that your family member is missing money, but cannot explain where it was spent, that could also be an indication of financial exploitation.

In the case of financial abuse in a nursing home, you need to consult with an experienced Virginia nursing home abuse lawyer right away. If you believe that your loved one could be in danger, you should also contact the local police department. A nursing home can be liable for financial abuse of residents. Call Weisberg & Zaleski, P.C. at (757) 622-7740 or (800) 690-0235 for advice regarding your nursing home abuse case.

The article, Financial Abuse at Nursing Homes, has more information on this subject.

What You Should Know About Elder Abuse

mindywein@cox.net (Blog Author)7241 — Fri, 12 Dec 2008 08:00:00 EST

Do you have a family member living in a nursing home or other assisted living facility? If so, you need to be aware of the various laws and agencies that protect your elderly family member from elder abuse.

Most instances of elder abuse are considered crimes, according to federal and Virginia laws. Elder abuse has been defined as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.” Abuse can come in the forms of physical, emotional, verbal, sexual or financial.

Nursing homes are not immune from elder abuse. Sometimes the employees will engage in some type of abuse or neglect of the nursing home residents. There was a recent story of an employee being fired from her job, because it was discovered that she was verbally abusing residents at an assisted living facility. Four different residents gave the state inspector their accounts of the verbal abuse imposed by this female employee.

Different laws and federal and state agencies have been established to help protect the elderly from neglect and abuse, whether it occurs at a nursing home, assisted living facility or by a family member.

The Federal Older Americans Act clearly defines elder abuse and authorizes the use of federal funds to increase the awareness of elder abuse in the United States. There are also established Adult Protective Services Laws that provide protection from elder abuse. In Virginia, Adult Protective Services has the authority to investigate reports of abuse, neglect and exploitation of adults aged 60 and over.

The Long Term Care Ombudsman program provides protection for the elderly who are living in long term care facilities. Complaints against nursing homes are usually handled by the Long Term Care Ombudsman who acts as an advocate for the nursing home resident.

Elder abuse should not be tolerated. If your family member has been the victim of nursing home neglect or abuse, you need to contact a Virginia nursing home abuse attorney immediately. Call Weisberg & Zaleski, P.C. today at (757) 622-7740 or (800) 690-0235.

The article, Elder Abuse is a Crime, has more information on this topic.

Mandatory Minimum Sentences

info@weislaw.com (Blog Author)7205 — Thu, 11 Dec 2008 08:00:00 EST

RECENTLY, I REPRESENTED A YOUNG MAN WHO WAS ACCUSED OF TWO COUNTS OF AGGRAVATED MALICIOUS WOUNDING, FIRING A WEAPON INTO A MOTOR VEHICLE, TWO COUNTS, AND FOUR CHARGES OF USE OF A FIREARM IN THE COMMISSION OF A FELONY. ALL TOGETHER THESE CHARGES CARRIED A MAXIMUM PENALTY OF TWO LIFE SENTENCES PLUS 58 YEARS, AND A MINIMUM SENTENCE OF 18 YEARS. MIND YOU THAT PAROLE WAS ABOLISHED FOR OFFENSES OCCURING AFTER JANUARY 1, 1995. SO ON FELONY MATTERS A CONVICTED DEFENDANT WOULD SERVE 85% OF ANY SENTENCE IMPOSED. IF MY CLIENT GOT THE MINIMUM, HE WOULD HAVE TO SERVE 15.3 YEARS. THE JUDGE WOULD HAVE NO OPTION BUT TO IMPOSE THIS TIME NO MATTER WHAT. LUCKILY, HE WAS FOUND NOT GUILTY AT TRIAL, SO HE WALKED OUT OF THE COURTROOM WITH ME AT THE END OF THE DAY.
BUT WHAT I WANTED TO TALK ABOUT ARE MANDATORY MINIMUM SENTENCES. THESE ARE SENTENCES THAT MUST BE SERVED, CAN NOT BE SUSPENDED, NO PROBATION , NO PAROLE. THEY ARE IMPOSED NO MATTER WHAT, 1ST OFFENDER, 2ND OFFENDER, ETC. THEY ARE IMPOSED WHETHER THE PERSON CONVICTED IS GOOD, BAD, OR IN BETWEEN. THEY GIVE THE JUDGE NO DISCRETION, NO CHOICE BUT TO IMPOSE THE TIME. WE DEFENSE LAWYERS SEE THIS AS A GROWING THING. WHEN I FIRST STARTED DOING THIS THESE MANDATORY MINIMUM SENTENCES WERE PRACTICALLY UNHEARD OF. NOW THEY ARE EVERYWHERE, FROM DRIVING OFFENSES, TO DRUG OFFENSES, TO WEAPONS CHARGES. THE ODD THING IS THERE IS NO MANDATORY MINIMUM SENTENCE FOR MURDER. WHILE FIRST DEGREE MURDER CARRIES 20 YEARS TO LIFE, THE SENTENCE IMPOSED MAY BE SUSPENDED. BUT NO SUSPENSION IS POSSIBLE FOR THE 10 DAYS REQUIRED FOR 3RD OFFENSES DRIVING WHILE YOUR PERMIT IS SUSPENDED. THESE LAWS SHOW A LACK OF TRUST OF OUR JUDGES. UNLESS FORCED TO DO SO THEY WILL BE THEIR OLE MARSHMELLOW SELVES. SO IT'S A GOOD THING THAT OUR REPRESENTATIVES ARE ON THE BALL WATCHING THEM.

How You Can Help Prevent Nursing Home Abuse and Neglect

mindywein@cox.net (Blog Author)6208 — Fri, 14 Nov 2008 08:00:00 EST

It is a sad fact that numerous nursing home facilities abuse and neglect the residents. Even some of the best nursing homes in the country can employ staff members who participate in elder abuse. If you have a family member living in a nursing home, you can help prevent nursing home abuse and neglect. Regular visits to the nursing home and communication with the staff can dramatically reduce your loved one’s risk of nursing home neglect and abuse.

Elder abuse can be physical, verbal or financial and can come in many different forms. When a nursing home resident is neglected, it can lead to a life-threatening condition, such as dehydration and malnutrition. If the nursing staff isn’t taking the time necessary to care for residents, some residents may be given too little or too much medicine, which can result in serious health problems and even death. You can help protect your loved one by looking for signs of nursing home abuse and neglect, which include bruising, poor hygiene, weight loss, drowsiness, scratches, lacerations and unsanitary living conditions.

When you make frequent visits to the nursing home, you will keep the staff on alert. They know that a family member who visits often will be more likely to identify abuse or neglect and report it to the appropriate authorities. Therefore, the nursing home staff will pay careful attention to meeting the needs of your loved one.

During your visits to the nursing home, communicate with the staff. They can keep you informed on your family member’s progress and health. As you begin to build the relationship, you can become an advocate for your loved one to make sure that his or her needs are being met.

If you discover that your family member has been the victim of elder abuse or neglect, you need to take immediate action. Contact the Virginia nursing home abuse attorneys at Weisberg & Zaleski, P.C. today at (800) 690-0235.

The article, Preventing Nursing Home Abuse and Neglect, has more information on this topic.

Eight Year Old Arizona Boy Charged With Killing Father And One Other

shannon@weislaw.com (Blog Author)6095 — Tue, 11 Nov 2008 08:00:00 EST

An eight year old Arizona boy has been charged with two counts of premeditated murder in the deaths of his father, Vincent Romero, and Timothy Romans, a man who rented a room in the family’s house. Both men were shot in the chest and head at least four times by a single-action .22-caliber hunting rifle; the murderer would have to eject the old shell and put in a new shell each time the rifle was fired. Vincent Romero was an avid hunter who had taught his son to shoot.

Police say that Mr. Romero was shot while walking up the stairs inside of the house. Mr. Romans was outside on the phone with his wife. Mr. Romans’ wife says that he told her the boy was calling out for him. He was shot on his way into the house.

A judge issued a gag order on the case yesterday. Before the gag order was issued, police said that trying the boy as an adult was one option, though an unlikely one. In Arizona, people as young as eight can be charged as an adult for murder.

Nursing Home Abuse & Neglect Risks

mindywein@cox.net (Blog Author)6000 — Fri, 07 Nov 2008 08:00:00 EST

Nursing home residents are sometimes the victims of abuse or neglect. Families place their loved ones in nursing homes, believing that they will receive quality care and be safe from harm. However, several risk factors put nursing home residents in danger.

If you have a loved one living in a nursing home, you should be familiar with the risk factors associated with nursing home abuse and neglect. To help protect your elderly family member, you should visit him or her often in the nursing home to ensure that adequate care is being provided.

Some of the risk factors linked to nursing home neglect and abuse fall into three categories – facility, resident and relationship. Facility risk factors include poor staffing, staff indifference, staff burnout and stress, which can all lead to abuse of nursing home residents. Resident risk factors include those related to behavioral issues. For example, if a resident has dementia, social isolation or unmet needs, then that resident may become more vulnerable to neglect or abuse. Relationship risk factors include the resident’s relationship with his or her family members and the interaction with the staff members. When a resident is missing a relationship bond, then he or she is more susceptible to abuse.

Nursing home residents have legal rights and the nursing home can be held responsible for abuse or neglect. If you feel that your loved one may be the victim of nursing home abuse or neglect, you need to take immediate action. An experienced Virginia nursing home abuse attorney can help you file a claim against the nursing home. Contact Weisberg & Zaleski, P.C. at (800) 690-0235 for advice regarding your case.

The article, Risk Factors Associated with Nursing Home Abuse and Neglect, has more information regarding this topic.

Nursing Home Reform Act of 1987 Protects the Elderly

mindywein@cox.net (Blog Author)5774 — Tue, 28 Oct 2008 08:00:00 EST

Few things in life or more disheartening then learning that your loved one has been the victim of nursing home abuse or neglect. The Nursing Home Reform Act of 1987 gives residents of nursing homes certain rights and services.

This law came into effect after a study was conducted by the Institute of Medicine at the request of the U.S. Congress. The study found that residents of nursing homes were being neglected, abused and provided inadequate care. Major reforms were made within the nursing home industry and the Nursing Home Reform Act, which is part of the Omnibus Budget Reconciliation Act, became law.

Under the Nursing Home Reform Act, residents must receive quality care from the nursing home that will help them reach and maintain their highest possible physical, mental and psychosocial wellbeing. Residents of nursing homes are owed certain services based on this law. The Nursing Home Reform Act also established minimum standards of care and rights for individuals residing in certified nursing facilities.

Based on this law, inspectors can make unannounced surveys, which include resident interviews that will occur throughout a 15-month time span. Inspectors focus on the rights, quality of care and provided services of the nursing home residents.

Nursing homes are required by law to provide residents with regular evaluations, complete care plans, nursing services, social services, rehabilitation, pharmaceutical care, dietary services and if applicable, a full-time social worker.

Nursing home residents have many rights under the law, including the right to be free from abuse, mistreatment, neglect and physical restraints. They also have the right to privacy, dignity, self-determination and to communicate freely.

Even though residents are legally protected, nursing home abuse and neglect still occurs throughout the United States. If you or a loved one has been the victim of nursing home neglect or abuse, contact Weisberg & Zaleski, P.C. at (800) 690-0235.

The article, Rights of Nursing Home Residents, has more information on this topic.

Gas Prices X

info@weislaw.com (Blog Author)5517 — Mon, 20 Oct 2008 08:00:00 EST

Winter is on its way. Each morning I can feel the frost. Football is in full swing and Halloween is getting close. Gasoline prices have dropped dramatically since the summer, so things have eased up a bit. Our country's economic problems are on the front page. We have a pesidential election coming soon.
Gasoline prices are waiting in the wings to bite us all. Only those with plenty of money won't mind. See which of our leaders care about you or environmental groups more. No need to ask who gets an appointment in Washington first.
By this time next year maybe $5.00 a gallon is not unreasonable. But I am sure our leaders will give us all a $300 energy supplement courtesy of ourselves, the taxpayers.

Understaffing is a Significant Cause of Nursing Home Abuse and Neglect

mindywein@cox.net (Blog Author)5436 — Fri, 17 Oct 2008 08:00:00 EST

Have you worried that your loved one is not receiving adequate care in the nursing home? Do you fear that your loved one could be a victim of nursing home abuse?

Your concerns are justified as nursing home neglect and abuse happens all too often across the United States. One of the main causes of nursing home abuse and neglect is understaffing of the facilities. It is estimated that over 50 percent of nursing home facilities in the United States are understaffed. Lack of the necessary staff can lead to serious abuse and neglect of the residents.

An understaffed nursing home is not able to provide the level of care that your loved one needs. Workers at these nursing home facilities become overworked and tired, which can lead to impatience and verbal abuse with the residents. It is not uncommon for an understaffed nursing home to neglect to give residents their medications, which could result in significant health problems. Residents are overlooked and not provided with the appropriate attention, the attention in which families are paying thousands of dollars.

Malnutrition, dehydration and bed sores are common symptoms of nursing home neglect and abuse. An understaffed nursing home increases the risk of these conditions. You can help prevent such abuse and neglect by visiting your loved one often. While you are at the nursing home facility, look for signs of abuse or neglect. Does it appear that your loved one is in reasonable health? Has your loved one mentioned abuse or lack of attention? You may want to inquire about the current employee to resident ratio. Since employee turnover can be high, this ratio can change.

If your loved one is the victim of nursing home abuse or neglect, contact Weisberg & Zaleski, P.C. today at (800) 690-0235.

The article, Understaffed Nursing Homes can Lead to Elder Abuse, has more information about the problems associated with understaffing, including the necessary legal action that should be taken.

Allan Zaleski in New Book

info@weislaw.com (Blog Author)5368 — Wed, 15 Oct 2008 08:00:00 EST

This month, authors Tom Wells and Richard Leo are publishing their latest criminal case book called The Wrong Guys: Murder, False Confessions, and The Norfolk Four. This is a true life account of a rape/murder case in Norfolk, Virginia, involving four Navy men convicted of this crime. Tom Wells is the author of The War Within: America's Battle Over Vietnam, among other books. Richard Leo is the author of Police Interrogation and American Justice and The Miranda Debate: Law, Justice, and Policing. Leo is an associate professor of Law at the University of San Francisco.
Allan Zaleski represented one of the Norfolk Four. He was interviewed by the authors regarding the issues raised in this new book. The book is available from the publisher, The New Press.

Three Judges for Norfolk Circuit Court

info@weislaw.com (Blog Author)5024 — Thu, 02 Oct 2008 08:00:00 EST

We just found out that the Norfolk Circuit Court is going to get the three judges it needs to get back to its normal nine. Norfolk has been struggling with six, three short, since early spring. The reason for the holdup is a political fight over a judgeship in Virginia Beach; the two senators have agreed, and we will get our three this month! All three are experienced trial judges and lawyers. They will hit the ground running as soon as they take office, possibly in ten days. The three judges are Jack Doyle, Norfolk Commonwealth’s Attorney, a veteran trial lawyer as a prosecutor and criminal defense attorney; Jerrauld Jones, a judge of the Norfolk Juvenile and Domestic Relations District Court, former general practice lawyer, and long time member of the Virginia House of Delegates; and Lewis Sherman, judge of the Norfolk General District Court, former general practice lawyer and former head of Tidewater Legal Aid. All three are experienced candidates who well deserve this honor and responsibility. Congratulations to the members of the Norfolk legislative delegation who made these appointments. They showed good judgment and a bi-partisan care for the citizens of Norfolk. This was worth the wait.

Marijuana Cases

info@weislaw.com (Blog Author)5023 — Thu, 02 Oct 2008 08:00:00 EST

I want to talk to you about marijuana cases. Yes, the noxious weed is still illegal in Virginia and police officers will arrest you for possessing it. In order to convict someone of possessing this illegal substance, it is required that the Commonwealth (officer) proves that the substance is actually marijuana. This used to be done by a certificate of analysis from the Virginia Department of Forensic Sciences. Since the state lab is so overworked, the law now allows the officer to field test the material with a quick testing device, approved by the apartment.

We recently got a favorable result in a marijuana case where the officer failed to prove that his field test device had been approved by the department. This happened because the lawyer actually read the statute and noted the requirement; the lawyer was on his toes, being aware of the requirement. So it goes in the real world of the practice of criminal law, law in the trenches.

Bail Bonds

info@weislaw.com (Blog Author)4550 — Fri, 12 Sep 2008 08:00:00 EST

Our Constitutions guarantee the right to reasonable bond in criminal cases, which allows a person accused of a crime to be at liberty pending trial. This is under constant assault on two fronts. First, government hates the idea that a guilty person, the defendant should be walking around instead of in custody starting to do his time. The public feels threatened by criminals who are not locked up.

Of course an arrest is merely an accusation, not a conviction, or so it says in our Constitutions, you know, presumption of innocence and all.

In response to these notions, Virginia law now creates a presumption against bond under certain circumstances. If you are charged with a crime that could result in a life sentence: no bond. These are rape, robbery, murder, second offense sale of drugs. If you are charged with an offense which carries a mandatory minimum sentence, no bond applies. These offenses are possession of a firearm by a convicted felon, felony driving while a habitual offender, and third offense DUI, to name a few. This law has been found to be constitutional by our Virginia Supreme Court.

As I have said in the past, judges are reluctant to be seen as being soft on crime. The result is pretrial confinement, in violation of the idea of government envisioned by the founders of this country.

Look into my eyes... have you been drinking?

info@weislaw.com (Blog Author)4302 — Sun, 31 Aug 2008 08:00:00 EST

One of the “big three” tests used by Virginia law enforcement officers to determine if a suspect is too impaired to drive is the ominous sounding horizontal gaze nystagmus (HGN) test. In this test, an officer will hold a pen or other object in front of your face and ask you to track its movement with your eyes.

In theory, the jerking or bouncing of your eyes while tracking the pen’s movement will tell the officer whether or not you’ve been drinking. Does this sound a little hokey? Well, its one of the reasons that this test isn’t always admitted into court. Especially when you consider that one of the criteria for determining intoxication is whether or not the jerking of your eye begins before the pen is 45 degrees away from the center of your face. I don’t know about you, but do you think you can accurately judge a 45 degree angle? Does this seem like a reasonable way to tell if a person has been drinking?

If you want to read more about DUI issues and this and other tests, please visit our law library. Check out articles like “DUI and the Horizontal Gaze Nystagmus Test” and “All about the Walk and Turn Field Sobriety Test”.

Trying to save money on gas? Don't neglect your safety

info@weislaw.com (Blog Author)4301 — Sun, 31 Aug 2008 08:00:00 EST

It’s common knowledge – gas prices are out of control. The exorbitant cost of fuel these days is causing some serious issues for families on a tight budget, causing them to reevaluate their expenses and habits. Many individuals have targeted their vehicle as one source of savings.

Downsizing to a smaller vehicle is one way that some people have tried to save money. In particular, pickup trucks are popular vehicles in this area, however large pickups consume a great deal of gas. One option for some drivers is simply to downsize to a smaller truck. After all, there are quite a few appealing models on the market – all of which get much better mileage than their larger cousins.

However, if you’re going to downsize don’t forget to check into your new vehicle’s safety ratings before you buy. Recent side-impact crash testing by the IIHS found revealed that several popular small pickup truck models won’t hold up well in a crash. It is one thing to downsize to save money, but nobody wants to compromise on safety.

Another popular way of cutting fuel costs doesn’t require a down payment – it’s the hypermiling trend. There are several ways that every driver can reduce their current car or truck’s fuel consumption simply by adjusting their daily driving habits. However, don’t fall prey to using some of the dangerous and ineffective hypermiling techniques.

Read more about small pickup truck safety ratings and the hidden dangers of hypermiling and which techniques actually work in our our law library articles, “Saving Money with a Small Truck? Consider Safety Ratings” and “Hidden Dangers of the Hypermiling Craze”.

Arbitration

info@weislaw.com (Blog Author)4286 — Fri, 29 Aug 2008 08:00:00 EST

I bet you think that this subject has nothing to do with you guys out there. But it does. It is a creeping concept which is moving in to take away your access to courts and juries. This is especially true with your credit cards. Almost everyone has a credit card. Well, your agreement with Chase or Bank of America or CitiCards says that any dispute will be resolved by arbitration with somebody like the American Arbitration Assoc., or the like. Sounds good, No? Saves court costs, lawyers, no legal mumbo jumbo.
Wrong. The arbitrator is usually located in Illinios, or New York. You may have to travel there to be heard. In addition an arbitration deposit is required, usually $500 or so. These proceedings are biased in favor of those who are regular users. Not you. Virginia courts enforce these provisions. You are usually stuck with arbitration when you have a dispute with your credit card company. Of course you would never have a dispute with them. Their records are always right, and no one would ever put a charge on your account without your authorization.
The reality is that this is coming about because it helps the credit card companies, not the consumer.Our U.S. Congress does nothing to ease the situation, as a matter of fact they are the ones who allowed this to happen. The Virginia legislature has done nothing to help consumers in this arena. Read your agreement. Watch out, find a credit card with an arbitration provision.

Virginia Seatbelts

info@weislaw.com (Blog Author)3926 — Tue, 12 Aug 2008 08:00:00 EST

I heard that you were interested in Virginia’s laws regarding seatbelts, also referred to as safety lap belts and shoulder harnesses. Here in the Old Dominion, we do have some rather unusual seatbelt laws. While Virginia law requires that drivers and front seat occupants wear the belts, notice that back seat occupants are not required; however, anyone under 16 years of age is required no matter where the child sits, front of back. Section 46.2-1094 makes it an offense not to wear a seatbelt, but subsection F does not allow a police officer to stop you just for not wearing the belt. Accordingly, you have to be stopped for some other reason before you can be ticketed for no belt. It is my experience that a police officer will not stop you just for not wearing a belt. It’s good to know that the police are obeying this law, but if you are stopped for speeding while not wearing a belt, you will get ticketed. The same law also provides that failure to wear a belt is not negligence if you get hurt in an auto accident. As a matter of fact, it can not be introduced into evidence at the trial of your personal injury case, nor can it be commented on by counsel for the parties. Subsection D. in workers’ compensation cases says that it can come into play; I guess this is a function of the influence that industry has in Virginia with our legislature. If a worker is injured in a work place accident, they would be denied benefits if they did not use a safety device, you know, steel toes shoes, and the like. For a truck driver, the belt is a safety device. The employer must show that the not wearing of the belt was "willful" and not just negligent; the employer must also show that if a belt had been worn, it would have prevented the injury.
Getting kind of esoteric. I guess the bottom line is: wear a seatbelt; it may be beneficial to your health, both physical and financial.

DUI Cases II

info@weislaw.com (Blog Author)3828 — Wed, 06 Aug 2008 08:00:00 EST

DUI CASES CONTINUE TO GIVE US CHALLENGES. OH, I KNOW, TV COMMENTATORS ARE AGHAST THAT ANYONE WOULD TRY TO DEFENDANT A PERSON CHARGED WITH A DUI OFFENSE. BUT THIS IS THE LEGAL SYSTEM IN PLACE IN THE USA. BUT I DIGRESS.

I NOTED IN AN EARLIER NOTE ON THIS SUBJECT THAT THESE CASES ARE ODD AND UNUSUAL. THE JUDGE IS PRECONDITIONED TO FIND THE DEFENDANT GUILTY. THAT OLD PRESUMPTION OF GUILT DOCTRINE, BUT IN THESE CASES THE PRESUMPTION IS ON STEROIDS. YOU NEVER KNOW WHERE YOUR VICTORIES WILL COME FROM. I HAVE CLIENTS ASK ME"WHAT IS YOUR STRATEGY?" FRANKLY I DON'T KNOW, JUST GIVE THEM A TOUGH TIME.

I REPRESENTED A CLIENT WHO RAN INTO A TELEPHONE POLE AND HAD BEEN DRINKING. HE HIT HIS HEAD AND GOT CUT. THE FIRST OFFICER ON THE SCENE CALLED AN AMBULANCE BECAUSE THE DRIVER WAS HURT. THE OFFICER NOTED THE ODOR OF ALCOHOL, AND SUSPECTED A DUI CASE. THE PARAMEDICS ARRIVED TREATED THE DRIVER AND GAVE HIM AN IV. THEY THEN TOOK HIM TO THE HOSPITAL FOR EMERGENCY TREATMENT. A BLOOD SAMPLE WAS TAKEN AND THE ANALYSIS SHOWED A B.A.C OF .25% ( VERY DRUNK). HOWEVER, AT THE CLOSE OF THE EVIDENCE, WE POINTED OUT THAT NO BODY KNOWS WHAT WAS IN THE IV. WAS IT PAIN KILLERS, A SEDATIVE, OR ALCOHOL? THIS KEPT THE TEST RESULT OUT OF THE CASE, AND, AS A RESULT, MY CLIENT GOT A VERY FAVORABLE RESULT.

NOW SOME MIGHT HAVE ISSUES WITH THIS SORT OF BUSINESS, BUT IT IS OUR SYSTEM. IN THE OLD SOVIET UNION ALL THAT WAS NECESSARY WAS THE BRINGING OF THE CHARGE. NOT WHAT WE WANT HERE. SO YOU LAWYER MUST BE ON HIS TOES, BEFORE AND DURING TRIAL BECAUSE YOU NEVER KNOW.

Gas and Energy

info@weislaw.com (Blog Author)3759 — Fri, 01 Aug 2008 08:00:00 EST

I promised you guys, and myself, that I would stop commenting on this topic for three months so I could cool off. But the latest going on is so bad, so outrageous, that I must comment on the present state of affairs involving energy.

The propaganda barrage is in full swing. We are again told that the problem is you, the peasants. Remember, in the days of Robin Hood there was no hunting in the king’s forest for the peasants. Hungry? Eat a little less.

We have them scared. They try to blame everything on something: evil oil speculators, evil oil companies, fat rich people, not enough taxes collected. Their allies pound this drum. They are scared that we will find out the problem is that we can't hunt in the king’s forest, we have 30 old gasoline refineries, and no nuclear plants can be built.

Meanwhile, the people we represent are hurting. I can only tell them “be patient, this can't go on. As sure as the turning of the earth, it will be right.”

In the most recent edition of Forbes magazine, they list the top 100 entertainment celebrities in the U.S. People like Madonna, Steven Speilberg, 50 Cent (hip-hop impresario), and Brad Pitt. Their income for last year was listed. For the 100 entertainers and athletes the total years take was 4,037,000,000. Yes, that's right, over 4 BILLION dollars in 2007, about ONE BILLION dollars a quarter. I see why they don't care about $4.00 a gallon gasoline, and oppose drilling in the king’s forest; they average 40 million a year. Maybe they should pay a windfall profits tax so the proceeds can be sent to those struggling to buy gas.

Nursing Home Cases

info@weislaw.com (Blog Author)3758 — Fri, 01 Aug 2008 08:00:00 EST

We have just settled a case for damages for personal injury arising out of negligence of nursing employees. These cases seem to be more prevalent these days. Probably this is because Americans are living longer and using nursing services more.

These cases present their own unique set of problems. Often the injured Plaintiff is quite elderly. If a trial is required, the Plaintiff may not be able to recall what happened. The Plaintiff may become seriously ill or, worse, may pass away. The insurance carrier will take full advantage of these problems in an effort to defeat the claim. Another problem involves Medicare. Most of the time, Medicare has a claim on the settlement proceeds. Getting them to respond to our inquiries as to how much they are claiming is extremely difficult. It takes months to get an answer from our public servants. Meanwhile, the case is pending in Court and the Judge wants the parties to settle or try the case.

More heparin deaths? Yes, its true.

info@weislaw.com (Blog Author)3732 — Thu, 31 Jul 2008 08:00:00 EST

If you’ve been paying attention to the news over the last few months, you’ve undoubtedly heard about the blood thinning drug heparin. Several months ago it was revealed that heparin contamination had killed over 80 patients, and in the past newborn babies have been the victims of deadly heparin overdoses.

Unfortunately there have been more victims of a heparin related medical mistake. A Texas hospital recently reported that 17 newborns received an overdose of heparin, which may have resulted in the death of two of the babies.

What makes this case especially disturbing is that this is at least the third time that newborns have been overdosed on heparin by accident. That’s right – the third time! So this is hardly a new or unique issue. In fact, it should be something that medical professionals and hospitals are on the alert for. Apparently not.

Read more about the recent heparin overdose in our law library article “Why is Heparin Killing Babies?”

Can walking in a straight line really reveal that I'm unfit to drive?

info@weislaw.com (Blog Author)3731 — Thu, 31 Jul 2008 08:00:00 EST

Ever been pulled over by a Virginia State Trooper who thinks you’ve been drinking? If its gotten to the point where you’ve had to participate in one of the infamous field sobriety tests that law enforcement officers seem to relish, then you know all about the “walk and turn” test.

You might be wondering what this test really reveals about your ability to safely drive a car. If so, you wouldn’t be the first person to ask that question. Experts claim that if you fail only two of eight “indicators of impairment” then you’re likely intoxicated. Does this sound suspect to you? Again, you wouldn’t be the first to think that.

If you’ve been accused of driving under the influence (DUI) then an experienced DUI attorney can help you stand up for your rights and protect your reputation – and your freedom. The lawyers at Weisberg & Zaleski possess the skills you need to secure justice for your case.

To learn more about the “walk and turn” field sobriety test and other DUI issues, please visit our law library.

Personal Injury Cases where the injured party has died

info@weislaw.com (Blog Author)3684 — Tue, 29 Jul 2008 08:00:00 EST

These are personal injury cases where the injured party has died. There is a big difference between cases where the injury caused the death of the Plaintiff and cases where the Plaintiff has died from other causes. The two cases are handled very differently. Where a Plaintiff has died from other causes, the right to sue and collect damages becomes an asset of the estate of the dead person. Thus if he leaves a will it goes to his heirs under the will. If no will, the recovery from the injury claim goes to the deceased's heirs under Virginia law. In this case the net money recovery is subject to the debts of the deceased.

In cases where the Plaintiff has been caused to die due to the neglience of someone, the net proceeds go to the heirs of the deceased as per the scheme set out by the Virginia Death by Wrongful Act Statute. It is subject to the rules set forth in that Statute. The deceased can not "will" the proceeds to anyone. The recovery is not subject to the debts of the deceased because the recovery is the right of the heirs under the Statute.

In both situations, the law suit or claim must be brought by the administrator of the estate of the deceased. A dead person can not sue anyone. So the first thing that we do is to qualify a relative as the administrator of the estate of the dead person. That person then becomes the client that we represent. If all of this sounds complicated, well, it is. That's why you need a good, experienced lawyer to handle such matters. More on this later.

Gas Prices V

info@weislaw.com (Blog Author)3604 — Thu, 24 Jul 2008 08:00:00 EST

The price of a barrel of oil has dropped from $145 to $126 within the past few days. Our leaders in Washington predicted that this would not happen. Our President, "W", signs an executive order that rescinds an order banning off-shore drilling and the prices drops for 10 days. A bill was also introduced in Congress to the same effect. We were told that we would get no relief from drilling for 10 years. A propaganda barrage told the peasants that we cannot drill our way out of the problem. Only you, by eating beans, riding a bus, doing without a/c or heat can do it, we were told.

Gas prices are dropping. I saw $3.88 this morning. We have them scared, keep up the complaints.

Dog Bite Cases II

info@weislaw.com (Blog Author)3602 — Thu, 24 Jul 2008 08:00:00 EST

Recently, we settled another dog bite case. This one involved a meter reader for a utility who was in a back yard doing his work. My client tells me that this is the second time this had occurred. While he did obtain workman's compensation benefits, that only provides payment of medical bills and 2/3 of his lost wages, but nothing for pain, suffering and a lifetime scar. Under these circumstances, we proceeded against the owner of the dog and his homeowner’s insurance carrier. So the client can make a recovery under workers compensation and against the home owner. Luckily this client had a mild injury, but some bites can cause a very serious injury. As I have said, the law in most localities requires that a dog be leashed when outside. In this case, the dog was out and on the loose.

Your Right to Remain Silent

info@weislaw.com (Blog Author)3562 — Tue, 22 Jul 2008 08:00:00 EST

Our federal and state constitutions protect us citizens from convicting ourselves in a criminal prosecution. This means that if the state wants to introduce a written or oral admission that is the product of custodial interrogation, the state must show that the defendant was advised of his so-called Miranda rights. These rights mainly involve the right not to make any statement, or answer questions. It requires the police officers to tell the defendant that anything he says or writes can be used in evidence against him, and of his right to have a lawyer present at the session.

Contrary to what you see on Law and Order, the lawyer usually advises defendants to say nothing. Check the TV series “The Sopranos” on the subject. Police detectives know that when a lawyer arrives the session is over, so they use various methods to discourage a defendant from asking for a lawyer. My advice: don't play the game. If you don't play, you can't lose. Police officers are experts at interrogation. You cannot outwit them; you cannot convince them that you are not guilty.

An oral statement is just as admissible as a written one. Do not think that just because you didn't sign anything you are alright. You are not. Actually, I view the oral statement as more dangerous than a written one. Anything can be added to the oral statement. Accordingly, I advise clients not to talk about a criminal situation unless I am there.

Drug Offenses

info@weislaw.com (Blog Author)3430 — Fri, 11 Jul 2008 08:00:00 EST

These cases traditionally involve close Constitutional issues. They often involve police stops for traffic offenses that somehow turn into full blown searches of the cars, the drivers and passengers. Now I think that the public would not accept a full police search for every stop for speeding, so there must be some "fair" way to search the "criminals" without searching the citizens. But how to do it? Over the years, we have seen various ploys; the consent search, the driver who refuses to make eye contact or sweats, the odor of marijuana, and now an alert from a drug sniffing dog. Yes, it’s true, if you get stopped at a safety road block, you, your car, your wife are all subject to search if the drug dog alerts the police to your car. Hmmm, the roach in the ashtray left by your son last weekend. But I digress. Drug dogs are expensive, so we have seen a new phenomenon, the drug sniffing police officer. This phenomenon can detect marijuana at great distances in time and space. Judges seem to allow this to justify searches of motor vehicles and apartments, without warrants. We recently had a case of a car search where a student's car was searched in the parking lot at Tidewater Community College. The local police went through the student parking lot with a drug sniffing dog. Watch out, Big Brother is watching.. and sniffing.

DUI Cases

info@weislaw.com (Blog Author)3323 — Wed, 02 Jul 2008 08:00:00 EST

We regularly represent drivers charged with these offenses in all Courts in southeast Virginia. The DUI charge is an unusual kind of criminal case; it has aspects that no other kind of criminal case has in the Commonwealth.

To begin with, a dismissal by the trial Judge is something he or she strives to avoid. The cases are so politically charged that some Judges actually are afraid to dismiss on a technicality lest the Judge be publically criticized, or worse. In other words, a case will be dismissed by a judge if he has to. Our challenge, as lawyers, is to convince the Court that a dismissal is required.

The law on DUI cases has gotten progressively more oriented against a defendant driver over the years. A lawyer must carefully examine what happened at the initial stop and thereafter. No detail is too small. When I meet with clients, I try to reconstruct things word for word, step by step. If the breath certificate comes in, the case is over. The lawyer must be up on new appellate decisions at all times. The new problems raised by new cases have a short shelf life. In about two or three months, the other side has caught up. Your lawyer must meet this high standard in defending these cases. A lot is at stake: your drivers license, higher insurance rates and even your freedom.

So, in selecting a defense lawyer, keep these thoughts in mind.

Looking out for your teen driver

info@weislaw.com (Blog Author)3272 — Mon, 30 Jun 2008 08:00:00 EST

If you’ve got a teenage driver, then you’ve probably spent a good bit of time worrying about their safety. But worry alone won’t keep them safe on the road, when traffic accidents are the leading cause of death for youngsters aged 15 to 20. What is a concerned parent to do?

There are a number of resources online available for parents and teens to prevent an unimaginable tragedy. We’ll mention two big things – speeding and seatbelt use. Many accidents in the Virginia area happen when teen drivers drive too fast, and are then ejected from the vehicle and severely injured or killed because they weren’t wearing their seatbelt. In addition, check out the websites below for helpful hints and tips to keep teens safe:

The Virginia DMV manages a safe teen driving program, and has a number of teen driver safety tips on their website.
Partners for Safe Teen Driving is a Virginian community health initiative aimed at keeping teen drivers safe on the road and has a number of helpful resources for parents.
The Insurance Institute for Highway Safety (IIHS) has Q&A, statistics, and other research information on their website.

Finally, you can read about federal recommendations for teen driver safety in our library article, “What Can Be Done About Teen Car Deaths?”

Dog Bites

info@weislaw.com (Blog Author)3109 — Thu, 19 Jun 2008 08:00:00 EST

On Friday we are going to settle a dog bite case involving a child attacked and injured by a pet dog. These cases are usually compensable. This means that the owner is usually liable for the injury. Laws in cities require that a dog be leashed when taken outside for a walk. Some cities require the taking of leash courses by owners and the dog. Many times the dog owner is covered by home owners insurance; these policies have a personal liability endorsement which provides for payment to the injured party. Often the injured party is a child. Often the injury is quite severe, sometimes a bite in the child's face. I would urge all parents to watch their children when animals are around. If the child is injured, parents owe it to their child to make a claim. Remember the money recovered belongs to their child.

Gas Prices IV

info@weislaw.com (Blog Author)3033 — Fri, 13 Jun 2008 08:00:00 EST

Well, here we are again, paying $4.00 for a gallon of gas. As I have said, our leaders don't care. They're fine with it. The peasants, you out there have been driving around too much anyway; driving SUVs, eating meat, not exercising, and not paying enough taxes. The party is over. I don't like to get like this, but it is so true. John McCain and his wife earn about $6,000, 000 a year. Barrack Obama and his wife earn about $500,000 a year. John Kerry and his wife earn about $10,000, 000 a year. They could pay $30 a gallon. I read where Sen. Obama says that this "adjustment" came too abruptly, a more gradual rise would be better. If we don't get after them, they won't do anything. In the days of Robin Hood, the English peasants starved but couldn't hunt for food in the King's Preserve. And so it goes…

Gas Prices III

info@weislaw.com (Blog Author)2895 — Mon, 02 Jun 2008 08:00:00 EST

I expect some improvement on gas prices. Already the rise has stopped; the price of a barrel of oil has dropped from a staggering $136 to $125. No real drop in pump prices, but maybe soon folks. However, we lawyers must continue to charge a transportation add-on for cases which require extra driving. I hope that we can drop this in the near future. Not much is being done in Washington for the long run problem: no new drilling in the USA, no new refineries, no nuclear plats, no shale oil projects. They’re just preaching about how we need to ride buses and we're eating too much meat.

Hosting a Graduation Party in Virginia? Read This First!

bmglas@wm.edu (Blog Author)2837 — Thu, 29 May 2008 08:00:00 EST

If you're thinking about serving alcohol at your child's graduation party, you might want to think again.

In Virginia (as well as every other state), it is illegal for anyone under 21 to possess or consume alcohol. But that crime isn't only punishable against the person doing the drinking. In Virginia, it is a Class 1 misdemeanor to serve that alcohol to someone under the age of 21 - and agencies across the state are cracking down on parents who violate this rule!

For each count of serving a minor, you could be end up serving up to one year in jail and owe a fine of up to $2,500. A high price to pay for being the "cool" parent.

In fact, just last year, George Robinson and Elisa Kelly recieved a 27 month jail sentence for providing alcohol to their sons' friends. The Charlottesville couple had a post-prom party busted and 16 teenagers were arrested. When you're planning your own grad party, please exercise a little more discretion than them!

Gas Prices II

info@weislaw.com (Blog Author)2752 — Wed, 21 May 2008 08:00:00 EST

As I have said in the past, we will continue to monitor the price of gas in southeast Virginia. Today, the price of a barrel of oil reached $130, an all time high. With local stations charging $3.69 to $3.79 a gallon, I see the price of gas going to $3.80 or so in the area. No end is in sight. I saw a big oil guy interviewed yesterday who opined that the current rise in the price of oil is no bubble; we can expect the price of gas to stay high. As I said in my earlier blog, there is no outcry from the folks. Sen. John Kerry wanted to raise the federal gas tax to the point where $4.00 to $5.00 would be the norm for a gallon of gas. So high gas prices are acceptable or even desirable to our leaders in Washington. No help can be expected from politicians unless we get after them. We have the wherewithal to get a lot of energy in this country, going nuclear, shale oil, off-shore drilling, and Alaska oil fields. All of this is not going to be used in the present political climate. In an old movie titled "Three Days of the Condor", it was predicted that nothing would happen until people were running out, getting cold, and going hungry. Ah such dark thoughts on such a beautiful spring day. Enjoy it while you can; winter awaits.

'Click It or Ticket' and Virginia's Seat Belt Laws

shannon@weislaw.com (Blog Author)2739 — Tue, 20 May 2008 08:00:00 EST

State police will be on the lookout for Virginia drivers not wearing their seat belts this Memorial Day weekend. According to the Highway Safety Office, 1,026 people died on Virginia roads last year, the highest number in a decade. Out of those deaths, 60% of people who were riding in cars equipped with safety restraints were not wearing those restraints. The “Click it or Ticket” campaign began on Monday and runs through June 1st. Please become familiar with Virginia’s seat belt laws by visiting our page.

Virginia Beach Sheriffs Immune

info@weislaw.com (Blog Author)2702 — Thu, 15 May 2008 08:00:00 EST

This is May 15, 2008. I read in today’s Virginian-Pilot that a U.S. magistrate has ruled that Virginia Beach Sherriff's deputies are immune in an action brought against them by a woman who claimed that she was beaten while the deputies were affecting her arrest. I don't know who is right or wrong. Hopefully the deputies acted properly and only used the minimum force necessary to take her into custody; if they did act improperly, they should answer for it. The Judge ruled that they are immune from an action for damages, medical expenses, etc., because of their status. I thought that we, the people of this Republic, were equal before the law. If she resisted and injured a deputy, she would have to answer not only criminally, but would be subject to an action for damages by the injured deputy. It is a road that should go both ways. Both sides should answer for their actions. There should be no privileged citizens in our Republic; even the enforcers of the Law must be subject to it.

Gasoline Prices

info@weislaw.com (Blog Author)2654 — Sat, 10 May 2008 08:00:00 EST

This is May 10, 2008, and gas prices around here are about $3.50 a gallon. My partner, Mike, and I drive around southeast Virginia representing clients in Court. We try very hard to keep our legal fees low so that our services are affordable, but the cost of getting to Court is starting to mount. Frankly, it's starting to hurt. We watch the price of a barrel of oil; Friday it was $126, up from $113 just ten days ago. In January, oil prices rose above $100 a barrel for the first time. I read in the Wall Street Journal just yesterday that $150 or $200 a barrel is foreseeable this year. Are we talking $4.50 or $6.00 a gallon of gas here? I thought this Iraq war was a war for oil; if so, let’s get some concrete results. How about $2.00 a gallon if our guys are there fighting for us? I don't hear much squawking yet from the folks. There’s an old Russian saying: "As awesome as the starry sky at night is the patience of the ordinary man." Mine is gone.

Chesapeake to Install Countdown Crosswalks

bmglas@wm.edu (Blog Author)2591 — Mon, 05 May 2008 08:00:00 EST

Chesapeake, Virginia, is installing 5 "countdown-type" crosswalk signs this summer. Tammy Barry, a spokeswoman for the city's public works department, says that the project will cost the city about $48,000.

The new signs will update the old crosswalk signs by having a countdown next to the "walk" sign that indicates how long pedestrians will have to cross the street. The project also includes adding buttons that pedestrians can push to trigger the walk sign and new mounted signs that read "Turning Traffic Must Yield to Pedestrians."

We applaud the city of Chesapeake for their efforts in improving pedestrian safety.

The new signs will be installed at the following intersections:

Battlefield Boulevard South & Cedar Road
Battlefield Boulevard South & Johnstown Road
Cedar Road & Country Club Boulevard
Battlefield Boulevard North & Gainsborough Square
Battlefield Boulevard North & Medical Parkway

The city has selected three other intersections to make improvements at as well, but whether those projects are completed will hinge on the availability of funding.

Joint Commission Targeting Children Medication Mix-Ups

bmglas@wm.edu (Blog Author)2375 — Mon, 14 Apr 2008 08:00:00 EST

Just days after our blog on choosing the best children's hospital for your child, the Joint Commission has issued new guidelines aimed at curbing pediatric medication errors in hospitals. A recent study in the medical journal Pediatrics reveals that as many as 7.3% of all children treated at hospitals experienced an "adverse drug event."

The Joint Commission's new guidelines include tips like:

Hospitals and physicians should weigh children in kilograms, not pounds, because pediatric medication dosages are measured by the metric system.
Hosiptals shouldn't give children high-risk drugs until after the child has been weighed.
Doctors writing prescriptions should "show their work" by noting the calculations they made to arrive at the prescribed dosage. This will allow other doctors to double-check the math at a later date.
Parents and caregivers should seek informatoin and ask questions about their children's medications and repeat hte instructions back to the doctor.

Children in hospitals are often more vulnerable than adults for several reasons. They are sometimes unable to articulate what hurts, they have weaker immune systems, and their bodies are ill-equipped to fight off certain illnesses. The new guidelines by the Joint Commission should help doctors and parents work together to prevent over-medication in hospitals and should ultimately reduce the number of medical malpractice incidents that occur in our hospitals.

Finding The Best ER For Your Child

bmglas@wm.edu (Blog Author)2356 — Fri, 11 Apr 2008 08:00:00 EST

CNN ran a great article by Elizabeth Cohen that offers tips which bear repeating here.

How do you select an Emergency Room for your children? If you're lucky and live in an area that has lots of health care choices, you should carefully consider which one you want your kids going to. The fact of the matter is that not all hospitals and emergency rooms are created equal. Some are better staffed with pediatricians than others. Some have better equipment for treating children (i.e. child-sized oxygen masks). Some even have cartoons and kids magazines in the waiting room to put your child's nerves at ease.

Where do you live?

Obviously, if the closest hospital to you is a children's hospital, that should be your first choice. But what if you were going to pass a general hospital to get to a children's hospital? Is it worth the extra time?

Dr. Emory Petrack of the Rainbow Babies and Children's Hospital in Cleveland says that when you have a "truly critical emergency" on your hands, you must get to the nearest hospital - regardless of whether it's a children's hospital or a general one. Also, if it's a relatively small problem (a minor burn or a small cut), then the extra distance to the children's hospital might not be worth it. However, those middle-ground cases (not life-threatening and not minor) could be worth the extra mileage.

If you live far away from a children's hospital, you might have your work cut out for you. Dr. Petrack says you have to find out which hospitals in your area are "child-friendly." The Joint Commission has a list of ERs here. After going to the link, choose "Pediatric Facility" from the "Type of Provider" list and input your ZIP code to find out which ERs offer services for children.

Why Free Drug Samples Are a Bad Idea

bmglas@wm.edu (Blog Author)2206 — Wed, 26 Mar 2008 08:00:00 EST

At first glance, it might seem like taking the free drug samples from your doctor is a great way to save money on prescriptions. It also saves you a trip to the pharmacy. But an MSNBC article points out some of the pitfalls of drug company handouts.

First, according to a new study from the University of Chicago, patients who take those "free" samples end up spending much more money on the drug in the long run. Patients who took a free sample spent almost 40% more on the drug over the the first six months, and 20% more than those who didn't over the next six months.

Dr. William Shrank, of Harvard Medical School, said "This builds on a growing body of literature that shows that samples are not aimed to help the uninsured and the poor, but to increase the sale of branded drugs." This study, Dr. Shrank noted, is a close follow-up to a January study that found that free drugs were more likely to be distributed to the wealthy and insured than to the uninsured.

Other studies have found that when drug companies are giving free handouts to physicians, the doctors are more likely to write prescription for the brand-name drug than for the generic. Drug companies should not be injecting themselves into our personal relationship wtih our physician for profit. The government should step in and impose certain restrictions on the abilities of the drug companies to give handouts to physicians and patients.

Knee and Hip Replacements Expected to Spike

bmglas@wm.edu (Blog Author)2076 — Fri, 07 Mar 2008 08:00:00 EST

The American Academy of Orthopaedic Surgeons expects that the number of knee replacements done in the United States will increase by 525% in the next 22 years. Hip replacements are expected to more than double also by 2030.

The drastic increase in the number of joint surgeries will be caused by the aging American population, the increased demands of younger patients, the increased ability of surgeons to perform the surgery, and an increased level of arthritis in the general population.

While many people are genetically prone to develop arthritis as they get older, the growing weight of the average American is increasing the stress put on our joints. Surgeons have seen the average age of a joint replacement patient gradually creep down from about 70 years of age to somewhere around 65. They are attributing this age decrease to a weight and stress increase.

A recent Time magazine article suggested three lifestyle changes that can keep your knees and hips healthier longer. The first is weight control. According to Dr. Joseph Buckwalter, an arthritis specialist at the University of Iowa, each pound of weight that you lose takes 3-5 lbs. of pressure off of a bad joint.

The second thing to prevent joint pain late in life is to adequately address the problems when they occur. According to Dr. Buckwalter, treating joint injuries - including ankle sprains - properly as they occur can greatly decreased the risk of arthritic pain later in life.

Finally, Buckwalter points out that exercising regularly helps to maintain muscle strength, a full range of motion, and flexibility, all of which protect your joints. Daily exercise can be the difference between a mobile life and a surgery.

Inside the Officer's Mind

bmglas@wm.edu (Blog Author)2018 — Fri, 29 Feb 2008 08:00:00 EST

CNN had an interesting article earlier this month that took you inside the mind of the officer who pulled you over. Reading this article can provide several helpful tips to making a traffic stop as painless as possible. Many times, simply responding respectfully to the officer may resulting in a warning rather than a ticket.

The officer's chief concern in any traffic stop is his own safety. This comes in two forms. First, he'll look to stop you in an area that is safe for both him and your vehicle. Second, he is concerned for any suspicious movements that you make inside the vehicle. It's best to keep your hands on the wheel as he approaches and to inform the officer if you need to reach in a glovebox for your registration.

Reading over the article can help you to better understand the mind of a police officer and understand what risks they are undertaking when approaching your vehicle. Knowing this, you may be able to turn your next traffic stop into a simple warning.

Supreme Court Grants Immunity for FDA Approved Medical Devices

bmglas@wm.edu (Blog Author)2017 — Fri, 29 Feb 2008 08:00:00 EST

In a landmark decision this week, the Supreme Court of the United States granted tort immunity to manufacturers of medical devices that have recieved FDA pre-market approval.

In Riegal v. Medtronic, the plaintiff had filed a lawsuit after a Medtronic catheter ruptured in Mr. Riegal's coronary artery during a heart surgery. Even though the catheter's labeling specifically warns against use for patients with diffuse or calcified stenoses, the doctor choose to use it in Mr. Riegal's heavily calcified artery. As the heart surgeon was inflating the catheter, it ruptured, leaving Mr. Riegal on life support and requiring emergency coronary bypass surgery.

The catheter had recieved FDA pre-market approval. Any medical device must undergo extensive screening by the FDA before it can be sold (hence the name "pre-market approval"). This screening includes an average of 1,200 hours of FDA review per application to ensure that each device has a "reasonable assurance" of the device's "safety and effectiveness," as weighed against hte probable risk of injury or illness resulting from use.

The result of this decision is to make it virtually impossible to sue manufacturers of medical devices - like pacemakers or catheters - as long as they have been pre-approved by the FDA. While the FDA does a great job in screening out medical devices not ready for the mass market, their screening process does not warrant giving blanket immunity to the makers of medical devices.

Even scarier? The Supreme Court will hear a case next term regarding the exact same issue - but with prescription drugs. This could be the end of manufacturer liability in the medical industry.

Allan Zaleski in Two Recent Articles

shannon@weislaw.com (Blog Author)1799 — Mon, 04 Feb 2008 08:00:00 EST

Allan Zaleski has been in the news recently regarding his opposition to the reappointment of a Norfolk Judge. These articles can be found in the News section of our website. Please read them to lean more about attorney Zaleski's fight to ensure that Virginia Judges are "fair, courteous, knowledgeable and unbiased".

Virginia Lawyers Weekly Article

The Virginian-Pilot Article

UVA Professor: Vague Traffic Laws Invite Discrimination

bmglas@wm.edu (Blog Author)1765 — Tue, 29 Jan 2008 08:00:00 EST

Kim Forde-Mazrui, a law professor at the University of Virginia, argues in the Vanderbilt Law Review that our state's legal system needs to be reformed to give constitutional protection to motorists. He argues that vaguely written laws, like Virginia's traffic laws, "give police the authority to stop, interrogate, search, and arrest whomever they choose for any reason."

Specifically, Forde-Mazrui believes that police are targeting racial minorities and young motorists.

The Fourth Amendment to the Constitution protects against unreasonable searches and seizures. However, if police officers make an arrest, they are able to validly search the area within the immediate control of the motorist. As long as the initial arrest is valid, a court reviewing the officer's actions will find that the search was also valid.

Forde-Mazrui's argument is that the discretion given to police officers during a traffic stop lead to a discriminatory application of the law. For instance, an officer might be more likely to ticket a racial minority or young driver in a traffic stop than he would be to ticket a white, middle-class adult. This discretion, he argues, dictates that minorities and young drivers are effectively limited to lower speeds than white, middle class adults, because the officer who might ticket not the middle class driver for exceeding the speed limit by 10 mph is likely to ticket the minority for exceeding it by only 5 mph.

To remedy this problem, Forde-Mazrui suggests limiting the authority of police officers by requiring them to justify enforcement practices that have a discriminatory impact, requiring higher enforcement rates, and precluding enforcement of minor traffic violations.

A full copy of Forde-Mazrui's article can be found here.

Charlottesville, Virginia Police Taking Heat After Hitting Wheelchaired Pedestrian

bmglas@wm.edu (Blog Author)1547 — Fri, 21 Dec 2007 08:00:00 EST

On November 5, 2007, Gerry Mitchell was struck by a car. But Gerry Mitchell wasn’t just any victim and the car wasn’t just any car. Mr. Mitchell is a long-time AIDS sufferer who was confined to a wheelchair and has suffered renal failure and arm injuries after the accident. The car was an Albemarle County Police cruiser.

After striking the AIDS patient, the police officer and a bystander placed Mr. Mitchell back in his wheelchair and immediately called the EMTs.

Anyone want to guess what happened next? The officer apologized and Mr. Mitchell got treated for his injuries? The police department conducted an investigation into the accident? Wrong.

First, while he waited in the University of Virginia Hospital emergency room, another Charlottesville officer walked in and served Mr. Mitchell with a jaywalking ticket.

Then, the police issued this memo, which defends the decision to ticket Mitchell and states that any attempts to investigate the accident would be fruitless because there were not witnesses.

Not so, says Ben Gathright, the pedestrian who helped officers place Mitchell back in his wheelchair. Not only does Gathright claim to have witnessed the entire accident, but he also says that he wrote down his contact information and gave it to Mitchell – a card which the police officers then took from Mitchell (Gathright then wrote it down again). No formal statement was ever taken from Gathright, who says he lingered at the scene so long that the police eventually asked him why he was still there.

Gathright claims to have made repeated attempts to speak with police about what he saw and claims he has been repeatedly denied this privilege. Maybe The Hook’s article will change that.

Safety at Amusement Parks

bmglas@wm.edu (Blog Author)1473 — Sat, 08 Dec 2007 08:00:00 EST

The Washington Post's Elizabeth Williamson wrote a wonderful article this week about the measures (or lack thereof) taken by amusement parks to ensure your safety while at their park. It seems that the Consumer Products Safety Commission, which governs everything from children's toys to car seats to bikes, has absolutely no jurisdiction to fix rides at parks like Disney World or Six Flags.

Back in 1981 an omnibus agricultural bill (that's right, agricultural) declared that the oversight of theme parks should be left to state programs, instead of federal oversight. As a result of underfunding and sparse staff, these state programs have been unable to adequately find and correct safety problems that occur in rides.

This patchwork oversight has led to tragic cases like 9 year old Fatima Cervantes, who slipped under the lap bar on a ride in 2005 and had her head crushed by a metal arm. This fact pattern is made worse by the fact that the same ride has been responsible for at least four more deaths and dozens of injuries in the U.S. since 1997, including a 6 year old boy in Kentucky this summer.

So why hasn't anything been done to remedy this situation? Maybe because the International Association of Amusement Parks and Attractions spends millions of dollars a year lobbying Congress to keep things the way they are.

A little federal oversight and communication would go a long way toward keeping us safe at the amusement parks - but it might also cut into the park's bottom line in the way of repairs - so the parks are unwilling to allow the feds to regulate them. Robert Johnson, president of the Outdoor Amusement Business Association, put the parks' position succintly when he said, "You have to look at the risk-reward of these programs . . . There may be people out there who want more regulation, but there has to be a return on that investment."

How about our safety, Mr. Johnson?

Great DUI Information

info@weislaw.com (Blog Author)1089 — Sun, 23 Sep 2007 08:00:00 EST

Most Virginians do not ever imagine getting arrested. Most Virginians cannot imagine ever going to jail. However, most people will have a glass of wine at dinner and then drive home. Others will have two beers at home watching football on Sunday and drive to the store for more potato chips or to grab some hamburger buns. During one of these innocent activities, can you imagine getting arrested for DUI?

Even though the Virginia crack down of DUI is admirable, when the government puts a lot of stock into one area of crime, many innocent people get caught up in the mix. This presents a problem for over-charging in criminal prosecutions. Prosecutors have discretion is charging people with DUI. But with their bosses breathing down their necks trying to get convictions in order to satisfy political opinion, innocent people get the short end of the stick. People need to be protected from this.

Here is a great website for DUI information. Check it out and look how Virginia compares with every other state.

Larry

Jury awards senior $7.75 million in nursing home abuse lawsuit

info@weislaw.com (News Author)13141 — Sat, 27 Feb 2010 08:00:00 EST

A woman who suffered through abuse at the hands of a nursing home staffer has been awarded a $7.74 million settlement by a California jury. Of the $7.75 million award, $5 million was for punitive damages.

The woman, Maria Arellano, 71, spent time in a nursing home because she was unable to walk or speak after a stroke. A camera caught video footage of one of the Fillmore Convalescent Center employees abusing Arellano.

The employee was, Monica Garcia, was clearly shown in the video slapping Arellano, pulling her hair, roughly handling her, and treating her violently in a shower seat. According to Arellano’s lawyers, the facility had been notified of the abuses in writing by more than one family.

The lawsuit claims that Garcia had been named by at least one family member as an abusive nursing home employee. As a result of the lawsuit, Garcia admitted to abusing Arellano. However, she claimed that she only abused the elderly resident on the day that the video footage was taken.

It is important for Virginia families to know the signs of nursing home abuse and neglect. It is also very important for friends and family members of Virginia nursing home residents to speak up if they fear that a resident is being abused or neglected.

Ignition interlock devices for any Virginia DUI conviction?

info@weislaw.com (News Author)13142 — Sat, 27 Feb 2010 08:00:00 EST

A bill has been approved in the Virginia House of Delegates that would require anyone convicted of driving under the influence of alcohol to use an ignition interlock device. Ignition interlocks are devices that are installed in drunk driving offender’s vehicles. Before a car can be started, the driver must breathe into the device, which can detect whether or not a driver has been drinking.

The bill, House Bill 1197, would make the installation of an ignition interlock device mandatory for all individuals convicted of a DUI offense, as a condition for receiving a restricted license. The bill requires any motorist with an ignition interlock device to use it for at least six months.

The ignition interlock device would be required for any drunk driving convict, even first time offenders. Right now only drivers who have a prior DUI conviction or those who have a blood alcohol conviction (BAC) of 0.15 or higher are required by Virginia law to have an ignition interlock device installed. At this time first time offenders would only be required to have the device if it were ordered by a judge.

Right now 47 states have ignition interlock device laws; if HB 1197 makes it into law, Virginia would join ten other states that required the device for any drunk driving conviction. The bill appears popular with lawmakers eager to appear tough on drunk driving; it passed in the House with an overwhelming 84 to 13 majority.

Police may soon ask "Where did you have your last drink?"

info@weislaw.com (News Author)13143 — Sat, 27 Feb 2010 08:00:00 EST

When it comes to DUI lawsuits, law enforcement officers want to do everything they can to convict anybody they suspect of drunk driving – and lawmakers are eager to help them do so.

A new bill is making its way through the Virginia legislature, and it would require that Virginia police officers ask drivers suspected of driving under the influence where they had their last drink.

The reason for the bill is to allow law enforcement officers to target establishments that fail to follow liquor laws. It is a misdemeanor in Virginia to serve alcohol to somebody who is already intoxicated.

Once officers determine where a DUI suspect has been drinking, they would be required to inform the Alcoholic Beverage Control (ABC) Board.

This could have an impact on DUI lawsuits, making it easier for prosecutors to go after businesses when an intoxicated driver is involved in a criminal complaint.

If you are facing DUI charges, then it is important that you understand your rights. The punishments for being convicted of a drunk driving offense are severe, and can affect you for life. Not only that, but there are significant collateral consequences that come with a DUI conviction.

Is greed to blame for Toyota's recall problems?

info@weislaw.com (News Author)13144 — Sat, 27 Feb 2010 08:00:00 EST

The news about Toyota’s recall woes continues to flow, and it isn’t good. Now, the former head of Toyota’s United States operations has issued a statement about the company’s troubles. Jim Press worked for Toyota for about 37 years, leaving to work for Chrysler.

Press, who is also the only non-Japanese individual to ever sit on Toyota’s board of directors, blamed the company’s recall troubles on “financially oriented pirates” who took over the company years ago.

Toyota has issued a number of recalls in recent months that affect over eight million vehicles worldwide. Front and center in the public’s attention are allegations that some affected vehicles could accelerate unexpectedly, leading to accidents, injuries or vehicle fatalities.

The statement issued by Press is damning. He stated that the root cause of Toyota’s problems is that “the company was hijacked, some years ago, by anti-family, financially oriented pirates. They did not have the character necessary to maintain a customer first focus.”

Press went on to add that Akio Toyoda, the current CEO of Toyota, is “not only up for the job” but is “the only person who can save Toyota”.

There is a long road ahead for Toyota, as the number of crash deaths attributed to the floor mat and accelerator pedal recalls continues to grow, and lawsuits continue to be filed against the auto giant.

Hampton Roads residents killed in tragic out-of-state auto accident

info@weislaw.com (News Author)13089 — Thu, 25 Feb 2010 08:00:00 EST

The Hampton Roads area has lost two people after a tragic crash on an Indiana highway. According to police, the accident happened in northwestern Indiana when the couple’s SUV collided with a tractor-trailer.

Amanda McRae, 25, of Portsmouth, and Lewis Corron, 35, of Chesapeake, were headed southbound on Interstate 65 about 25 miles south of Gary when they crossed the medial and hit the semi-trailer head-on.

Both McRae and Corron were killed in the collision. The truck driver was not injured in the crash, and the containers of compressed chlorine that he was carrying fell off the truck but were not damaged.

I-65 was closed for over three hours after the crash so the scene could be investigated. The accident happened in the early hours of the morning, and it is not know if drowsy driving was a factor in the crash.

When passenger vehicles like the SUV in this case collide with a large truck, the result is often very serious injury or death for the occupants of the passenger vehicle because of the enormous size difference between the two vehicles. In addition, head-on collisions are the worst type of crash, as the force of each vehicle traveling in opposite directions combines upon impact, causing massive property damage and serious personal injury.

Virginia Beach Police Sergeant Arrested for DUI

info@weislaw.com (News Author)12890 — Fri, 12 Feb 2010 08:00:00 EST

Late Sunday night after the Super Bowl, a state trooper pulled over 37-year-old James Eric Riddick on I-264 in Virginia Beach. The state trooper said that Riddick had been 'weaving' and, when he pulled him over, smelled strongly of alcohol. Riddick failed field sobriety tests and registered a BAC of .18, more than twice the legal limit of .08. Riddick was arrested and charged with drunken driving; he spent the night in jail and posted bond the next morning.

James Eric Riddick is a Virginia Beach police sergeant and a 15-year veteran of the Police Department. He is on administrative leave pending the outcome of his trial on May 18th.

Virginia Beach nurse implicated in nursing home identity theft

info@weislaw.com (News Author)12485 — Fri, 29 Jan 2010 08:00:00 EST

A Virginia Beach nurse has been sentenced to two years in jail after pleading guilty to charges of aggravated identity theft. The nurse, Erica S. Fowler, 27, was accused of stealing the personal identification of nine patients at the nursing home where she worked.

Fowler began stealing information from residents after only being on the job for a month at the nursing home. She worked for a total of four months before her crimes were uncovered, when a relative of one of the victims noticed some unusual charges on the resident’s credit card.

Some of the patients under Fowler’s care suffered from dementia, making the crime “very disturbing” according to a federal judge in the case. Two years in prison is the mandatory sentence for her crimes.

After stealing the identity cards of her victims at the Our Lady of Perpetual Help on Princess Anne Road, Fowler treated herself to a $14,000 shopping spree. She purchased a large amount of merchandise, including clothing and furniture.

The judge in the case was perplexed by the crime because Fowler was an honor student who received a scholarship to college where she maintained a 4.0 GPA before leaving school to work in the nursing home. The U.S. attorney blamed simple greed for her crime.

Fowler will remain free on bond until she reports to jail February 24 to serve out her sentence.

Kickbacks lead to nursing home residents being prescribed drugs

info@weislaw.com (News Author)12488 — Fri, 29 Jan 2010 08:00:00 EST

The U.S. Attorney in Boston has filed a 34 page complaint against the massive health care company Johnson & Johnson, accusing them of using kickbacks to push the use of their antipsychotic and antibiotic drugs. The charges against J&J stem from two consolidated whistle-blower lawsuits.

According to the complaint, J&J paid millions of dollars to pharmacy giant Omnicare in an effort to boost sales of specific drugs used in nursing homes. J&J believed that Omnicare pharmacists could influence doctors to prescribe the drugs for their nursing home patients, and paid them to do so.

The kickbacks were provided to Omnicare in a variety of forms, including rebates, grants and education funding. Allegedly as a result of the scheme sales of J&J’s antipsychotic drug Risperdal nearly tripled over a five year period, and antibiotic Levaquin jumped in Omnicare market share from 19.2 percent to 66.4 percent.

This isn’t the first time that Omnicare has been in trouble for such a scheme. This past November the Kentucky-based pharmacy agreed to pay $98 million to settle similar allegations brought by the federal government and various states. Omnicare also had to enter into a corporate integrity agreement with the Department of Health and Human Services as part of the settlement.

The prescribing of antipsychotic drugs like Risperdal is controversial, because some nursing homes use it to subdue patients as a form of chemical restraint. It is unknown at this time if the increase in Risperdal prescriptions was partially due to increased use of the drug to chemically control difficult nursing home residents.

Wrong-way Hampton Roads tunnel driver accused of DUI

info@weislaw.com (News Author)12491 — Fri, 29 Jan 2010 08:00:00 EST

A driver traveling the wrong way through the Hampton Roads Bridge-Tunnel has been charged with driving under the influence (DUI). The driver, 21 year old Charon Spruce, made it ten miles while traveling east on the westbound lanes of I-64. Eight people called 911 to report her activities.

Spruce entered I-64 the wrong way at mile marker 251 which is the Hampton Roads Center Parkway. Over those ten miles, Spruce, who was driving a 2002 Ford Escape with the headlights off, managed to cause three separate motor vehicle accidents by hitting four cars. One crash resulted in injuries.

According to police, when Spruce was stopped she was riding on her rims with a deployed airbag. Police stated that until her airbag deployed Spruce was unaware that she had caused several accidents.

Spruce, a senior at Hampton University, had apparently been drinking at a club in Hampton Roads before the accidents. At the time of the crash she was trying to drive to Portsmouth to visit her sorority sisters.

Police have charged Spruce with reckless driving, felony hit-and-run and driving under the influence of alcohol. She was held in Hampton City jail after the accident.

Football Hall of Famer pleads guilty to Drunken Driving

info@weislaw.com (News Author)12410 — Tue, 26 Jan 2010 08:00:00 EST

Professional football Hall of Famer Bruce Smith was caught allegedly driving under the influence of alcohol last May, and was arrested after he failed a field sobriety test and also refused to take an alcohol breath test.

has pleaded guilty to drunken driving charges. He reached a plea agreement in this case, agreeing to plead guilty in exchange for the prosecutors agreeing to drop charges of speeding and refusal to submit to an alcohol blood or breath test.

It was the third time Smith was charged with a DUI in 13 years. The first time he was charged in 1997, the charges were dismissed. The second time he was charged in 2003, he was acquitted of the charges.

Smith was convicted in General District Court of the current DUI charge in addition to speeding and refusing to take a blood or breathalyzer test in July. After the conviction Smith and his attorney appealed the charges to the Circuit Court. Smith agreed to the DUI conviction as part of a plea agreement because he did not believe he’d escape the charge of refusing to take a blood or breath test.

As a result of the charges, Smith must pay a $1,000 fine, remain on good behavior for one year, and enroll in an alcohol safety program. Smith’s driving license has also been restricted for one year and he received a 90 day suspended jail sentence.

Man accused in fatal crash faces DUI, manslaughter charges

info@weislaw.com (News Author)12411 — Tue, 26 Jan 2010 08:00:00 EST

Virginia State Police have charged a 19 year old man, Nicholas R. Sickal of Barhamsville, of drunken driving, involuntary manslaughter, and maiming for his role in an auto accident that killed one person and injured another.

Sickal was allegedly heading south in the northbound lanes of I-295 when the accident happened. According to police, Sickal was originally traveling north when he stopped his 1999 Dodge Ram pickup truck and did a U-turn on the highway. As a result of that maneuver, he crashed into an oncoming Cadillac DeVille one quarter-mile south of the Pole Green Road interchange.

The Cadillac was being driven by William E. Goode, Jr., 51. Goode was killed in the collision, and his daughter, Aysha, 8, was taken to Virginia Commonwealth University (VCU) medical center with serious injuries. Aysha has since been released but is now without parents, as her mother died in 2007 from breast cancer.

A Virginia state trooper apprehended Sickal, who surrendered. After he was arrested and charged, he was released on a personal recognizance bond of $5,000 awaiting a hearing in Hanover County General District Court.

One Dead After Early Morning Chesapeake Crash

info@weislaw.com (News Author)12378 — Mon, 25 Jan 2010 08:00:00 EST

Chesapeake Police say that Brandon Drewrey, 31, was killed when a 1983 Ford F-150 veered off the road and struck his 1999 Camry as he was pulling out of a gas station on Military Highway. Drewery died at the scene; the driver of the F-150 was taken to a nearby hospital with non-life-threatening injuries. Weather may have been a factor in this accident Investigators want to talk with anyone who saw the accident; the accident is still under investigation and charges will not be filed until officers confer with the Commonwealth's Attorney's office.

Man Charged in Crash That Killed Elderly Couple

info@weislaw.com (News Author)12377 — Thu, 21 Jan 2010 08:00:00 EST

Around 2:30 pm on Tuesday afternoon, 44-year-old Christopher Dockiewicz was speeding and passing other vehicles in his BMW. While going around a sharp curve on Princess Anne Road, he lost control of his car and drove into oncoming traffic. Dockiewicz struck a Ford Contour driven by Anthony Tonking, 74. Tonking and his 72-year-old wife, Mary Jean, were pinned inside their car; paramedics and firefighters freed the couple, but Mary Jane died at the scene. Anthony Tonking died shortly after being taken to a local hospital. The couple was one week away from celebrating their 53rd wedding anniversary.

Christopher Dockiewicz has been charged with two counts of aggravated manslaughter and DUI. The crash remains under investigation.

Fatal Suffolk Wreck Caused by 16-year-old Driver

info@weislaw.com (News Author)12269 — Tue, 19 Jan 2010 08:00:00 EST

Around 3:30 p.m. last Saturday, David Chavis, 49, was driving his truck eastbound on Rt. 58. A Dodge Neon traveling westbound crossed the median, struck a guardrail, went airborne, and then crashed in Chavis' truck. Chavis died at the scene. The driver of the Neon, a 16-year-old male, was taken to the hospital with minor injuries. The crash is under investigation and charges are pending against the 16-year-old.

Illegal immigrants accused of murder in Virginia Beach

info@weislaw.com (News Author)12034 — Thu, 31 Dec 2009 08:00:00 EST

A man is dead and another in critical condition after a shootout in Virginia Beach. Two men, both illegal immigrants, have been arrested in relation to the case.

Virginia Beach police have arrested Jorge Alberto Fuertes Loredo, 31, and Isidor Loredo Amaya, 31, on charges of murder and use of a firearm in the commission of a felony. Immigration and Customs Enforcement have placed a hold on the men. Their hearing is scheduled for early February.

The deceased man, Florentino Martinez-Melendez, 40, was shot to death by the men in a trailer part after a heated argument. The second victim was also shot but survived, although he is in critical condition. Both victims are also illegal immigrants.

According to the Virginia Beach Commonwealth Attorney Harvey Bryant, Loredo and Amaya have been living in Virginia for a while. They have lived in the state for the past ten years, splitting their time between Harrisburg and Virginia Beach.

If convicted, the men face deportment for their crime. It is not known what will happen to the surviving victim when he recovers from his injuries.

Drunk driver injures woman in Virginia Beach accident

info@weislaw.com (News Author)12035 — Thu, 31 Dec 2009 08:00:00 EST

A woman walking along Honeygrove Road in Virginia Beach was struck by an intoxicated man driving a Mitsubishi Eclipse at a high rate of speed. The man then left the scene of the crime.

The victim, 73 year old Mary Edwards, was left with many broken bones as a result of the crash. Her husband noted that she was lucky to have avoided internal injuries or other life threatening damage.

Edwards’ broken bones are serious, however. She fractured both her ankles, her legs, pelvis, ribs and back. According to her doctors, she will be unable to walk for at least three months.

The driver of the Mitsubishi, Dorek Hayes, 29, was arrested one block from the scene of the accident. Hayes had crashed his car into a van.

The driver was charged with second offense DUI, DUI refusal, hit and run, and maiming. He is being held without bond in Virginia Beach.

Hayes was first arrested for driving under the influence in 2006, again in Virginia Beach. He pled guilty to those charges and paid a fine as a result.

Wrong-way Driver Kills Norfolk Father on I-295

info@weislaw.com (News Author)12074 — Thu, 31 Dec 2009 08:00:00 EST

Around 11:40 p.m. last night, 19-year-old Nicholas Sickal drove his Dodge Ram the wrong way down I-295 outside of Richmond. Travelling south in the northbound lanes, Sickal's Dodge Ram collided with a Cadillac DeVille driven by 51-year-old William E. Goode, Jr. Sickal suffered non life-threatening injuries and was taken to VCU Medical Center in Richmond. Goode died at the scene while his 8-year-old daughter Alysha, who was wearing a seat belt, suffered a serious head injury and was taken to VCU Medical Center. Alysha's mother passed away two years ago after battling breast cancer. Police say alcohol was a factor in the crash and charges are pending.

Drunk driver hits police cruiser in Virginia Beach

info@weislaw.com (News Author)12000 — Tue, 29 Dec 2009 08:00:00 EST

A driver crashed into a police cruiser headed towards a call this past weekend, injuring the police officer. The accident happened at the intersection of Shore Drive and Pleasure House Road when the driver, Robert Kitt, 22, turned into the oncoming path of a police cruiser.

The cruiser was being driven on Shore Drive by Officer Christopher Newbould, who had his lights and sirens on as he responded to a call. Kitt apparently did not hear or see the cruiser, and crashed into Newbould, striking the cruiser on the front driver’s side.

Both Newbould and Kitt were taken to a local hospital to be treated for injuries sustained in the crash. Kitt was treated and released, then arrested on charges of driving under the influence (DUI) and failing to yield to an emergency vehicle.

Newbould’s injuries include a dislocated and fractured shoulder. He was also treated at the hospital and released. Newbould was not wearing his seatbelt at the time of the accident. Officers are not required by law to wear their seatbelt, although they are encouraged to do so.

Kitt was released from jail on a $1,500 bond. He will appear before a judge in February to face the charges against him.

Man accused of killing two people in DUI crash allowed home for holidays

info@weislaw.com (News Author)12005 — Tue, 29 Dec 2009 08:00:00 EST

The driver of a car involved in a crash that took the lives of two passengers was allowed to visit with his family over the holidays. The driver, Richard B Freeman III, 24, is being held on the Norfolk Naval base while awaiting trial in the case.

Freeman was driving a black BMW and offered several people a ride back to the naval base. During the drive to the base, the surviving occupants claim that Freeman began to speed and drive in an aggressive manner. The trip ended when Freeman lost control and crashed on Granby Street in front of Bon Secours DePaul Medical Center.

Freeman was found to have a blood alcohol level (BAC) of 0.13, which is above the legal limit for driving in Virginia of 0.08. According to police, Freeman claimed that he had drunk six mixed drinks that evening.

The accident destroyed the passenger side of Freeman’s car, killing Cameron Richardson, 25, of Chesapeake and Lauren Kok, 22, of Staten Island, N.Y. Another passenger, Ryan Petrosky, was sitting behind Freeman and survived the crash without injury. Tom Jaskel was in the back seat and was seriously injured in the collision.

Freeman's blood-alcohol level was 0.13, above the legal limit for driving, Westbrook said. Freeman told police he had six mixed drinks that night.

A judge decided to grant Freeman’s request to spend Christmas with his relatives as he awaited his trial. He has been on the Naval base since being released on a $10,000 bond.

Two Dead in Early Morning Crash

info@weislaw.com (News Author)12073 — Sat, 26 Dec 2009 08:00:00 EST

Shortly after 7 a.m. on Saturday morning, 17-year-old Jarim Sims was traveling north on Jefferson Ave. in Newport News when his car veered off the road. Sims overcorrected; his car traveled into the southbound lanes and collided with 53-year-old George Joseph Woolley's vehicle head-on. Both drivers were killed in the crash; Sims was not wearing a seat belt. Investigators believe fog to be a factor in the crash.

Virginia Beach police officer loses job after DUI conviction

info@weislaw.com (News Author)11802 — Sun, 20 Dec 2009 08:00:00 EST

A Virginia Beach police officer who was caught driving while intoxicated back in June has lost his job. Bryan K. Womble,37. who was off-duty at the time of the incident, was caught after hitting another car in Virginia Beach and then driving away. He was found to have a blood-alcohol concentration (BAC) of 0.15.

After being charged with hit and run and drunk driving, Womble was sentenced in September. As a result of the sentence he had to spend five days in jail, pay $500 in fines, he has lost his license for one year, must attend alcohol safety awareness classes and use an ignition interlock device for six months.

After his arrest, the police department put Womble on administrative duty, and after being convicted he was suspended without pay. The Virginia Beach Police department declined to provide additional details about Womble’s job loss.

Womble was a well-regarded member of the Police Department’s Traffic Safety Unit, previously known as the Selective Enforcement Team. Part of his job with the specialized team was to target drunk drivers. Womble was notorious for arresting retired NFL star Bruce Smith on DUI charges, just one month before his own arrest.

One Infant, Three Adults Killed in NC Crash

info@weislaw.com (News Author)11694 — Mon, 14 Dec 2009 08:00:00 EST

Three adults and an infant have died as a result of a four-vehicle wreck in North Carolina last Thursday. The crash occurred in Hope Mills, North Carolina. A Ford Mustang driven by Tristan Hanna, 26, crossed the middle line and hit an SUV driven by Hien Truong, 26, head-on. Both drivers died Thursday at hospitals; Truong’s 11-month-old daughter died Thursday night. Hanna’s girlfriend, 32-year-old Brooke Paquin, and Truong’s wife, 26-year-old Huyen Truong, were taken to hospitals in critical condition. Paquin died on Saturday, while Huyen remains in the hospital in good condition. Two other vehicles were involved in the crash. Police say Hanna was speeding.

Suit Filed in Wrong-Way Crash That Left Eight Dead

info@weislaw.com (News Author)11696 — Mon, 14 Dec 2009 08:00:00 EST

This summer, eight people died after a minivan traveled the wrong-way on the Taconic State Parkway in New York. Diane Schuler, 36, was driving a minivan carrying her five-year-old son, her two-year old daughter, and their three cousins. She headed onto the parkway by entering an exit ramp; she continued to drive the wrong way for 1.7 miles as oncoming cars swerved to avoid her. Eventually, a SUV collided with the minivan; Michael Bastardi, his son Guy, and family friend Daniel Longo all died in the wreck. Diane Schuler and four of the children she was carrying also died; the only survivor was Schuler’s five-year-old son, who is still recovering. After hitting the SUV, the minivan flew out of control and hit another SUV, the driver and passenger of which received minor injuries. Investigators found a shattered vodka bottle on the floor of the minivan, and said that Schuler had the equivalent of ten shots of liquor in her system and was high on marijuana.

The Bastardi family has now filed a lawsuit in the State Supreme Court in Westchester County against the estate of Diane Schuler. The lawsuit seeks unspecified damages for what it refers to as “wanton, willful and reckless” conduct on the part of Ms. Schuler.

Manslaughter and maiming charges in Virginia Beach drunk driving case

info@weislaw.com (News Author)11528 — Mon, 30 Nov 2009 08:00:00 EST

A woman accused of driving while intoxicated has been charged with manslaughter and maiming after she hit two pedestrians at Town Center this past Friday.

According to police the driver, Natasha Herzog, 29, of Suffolk, hit the pedestrians at the intersection of Columbus and Market streets.

One pedestrian, Suffolk resident Hunter Richardson, an only child and graduate of Virginia Tech, suffered major internal damage in the crash. He died at a local hospital as a result of injuries he sustained when he was hit by Herzog.

The other pedestrian, a 23 year old woman, suffered several broken bones and needed surgery as a result of being hit. She is expected to recover and is in stable condition.

Herzog was initially charged with refusing to take a breathalyzer and DUI second offense. The charges against Herzog were upgraded by police to include manslaughter and maiming after Richardson’s death. Herzog is being held without bond in the Virginia Beach Jail.

If convicted of a second DUI, Herzog faces a mandatory, minimum $500 fine, the loss of her driving privileges for three years, and up to one year in jail. Addition convictions for the manslaughter and maiming charges would add to those possible penalties.

Massive Toyota recall affecting millions of vehicles announced

info@weislaw.com (News Author)11529 — Mon, 30 Nov 2009 08:00:00 EST

After warning that a recall was coming this past September, it is now official. The Toyota Motor Corporation has announced a recall that will affect over 4 million vehicles in the U.S. and Canada because of a sudden acceleration problem that has caused traffic deaths and injuries.

Toyota announced that they have developed a series of fixes that vehicle owners can have installed by dealers. The problem, according to Toyota, is that accelerator pedals can become entrapped by floor mats, causing vehicles to surge forward unexpectedly.

To fix the pedal problem, Toyota dealers will cut off part of the accelerator pedal, and in some models dealers will install what is known as a “smart pedal”, which is software that will cut the engine power if both the accelerator pedal and the brake pedal are depressed at the same time. In addition, replacement pedals will be available around April 2010.

So far Toyota has maintained that the root of the problem is floor mat interference with the accelerator pedal. Critics, however, contend that the problem may be more serious and may involve the electronic throttle introduced around 2003. Toyota denies that anything other than the floor mats are to blame.

The recalled vehicles include the 2007 to 2010 model-year Camry sedans; 2005 to 2010 Avalon sedans; 2004 to 2009 Prius hybrids; 2005 to 2010 Tacoma pickups; 2007 to 2010 Tundra pickups; and Lexus’s 2007 to 2010 ES 350, 2006 to 2010 IS 250 and 2006 to 2010 IS 350 sedans.

Virginia Beach Police officer to serve jail time after DUI conviction

info@weislaw.com (News Author)11442 — Wed, 25 Nov 2009 08:00:00 EST

The Virginia Beach police officer convicted of driving under the influence and hit-and-run decided not to appeal his sentence and has begun serving his five-day jail sentence.

The officer, Bryan K. Womble, was arrested at Virginia Beach’s Oceanfront on June 20 after crashing into a car and then driving away. Womble, a member of a police department team that specialized in enforcing drunk-driving laws, was found to have a BAC of 0.15 which is nearly twice the legal limit in Virginia.

In addition to the five day jail sentence the General District Court judge in Womble’s case, Judge E.L. Turlington Jr., suspended the officer’s driver’s license for one year and ordered him to pay a $500 fine. Womble was also ordered to attend alcohol safety awareness classes and use an ignition interlock device for six months.

According to court records, Womble’s attorney immediately appealed the case to the Circuit Court, however he later dropped the appeal.

Womble has been on administrative duty since his arrest on June 20, and the Virginia Beach Police Department has not yet decided whether or not he will keep his job. Womble's sergeant was at the scene of the incident and claims Womble said, "I'm guilty. I just want to get this over with."

Norfolk man sentenced in involuntary manslaughter DUI case

info@weislaw.com (News Author)11316 — Tue, 17 Nov 2009 08:00:00 EST

A Norfolk driver convicted of DUI, aggravated involuntary manslaughter and other maiming charges in the traffic accident death of a young woman this past February has been sentenced. The Norfolk Circuit Court sentenced the man to 6 years and five months behind bars, with an additional 10 years of parole once he is out.

The accident happened when the driver, Ronald K. Sharpe Jr., crossed several lanes of traffic and crashed into a vehicle being driven by Alexandria Calamia. Sharpe initially claimed that the crash happened because his vehicle skidded on a wet spot, was hit by another car and bumped into a median.

Calamia was killed in the crash, and one of her passengers, Brandon Wise, suffered a brain injury and other complications and was in a coma for several weeks. Wise had to withdraw from Virginia Wesleyan College after the accident in order to receive treatment and therapy.

Sharpe was not injured in the crash, except for a cut on his lip. He was later found to have been under the influence of marijuana and alcohol at the time of the accident. Despite being ordered to avoid drugs and alcohol, Sharpe also tested positive for marijuana use several times while free on bond.

The sentence handed down by the court was the maximum possible under the terms of Sharpe’s plea agreement.

Teenager Dies in Head-on Collision

info@weislaw.com (News Author)11174 — Tue, 03 Nov 2009 08:00:00 EST

Around 6:45 yesterday evening, 18-year-old Grace Suzanne McIntyre was driving her 2006 Scion on Indian River Road when she entered a sharp curve at too high a speed. She overcorrected twice, crossed into oncoming traffic, and stuck a Honda Odyssey carrying three people head-on. The three people in the Honda were taken to the hospital and treated for injuries that were not thought to be life-threatening. McIntyre was pronounced dead at the scene. All four people were wearing their seatbelts. Police said that excessive speed was a factor, but alcohol was not. The crash is still under investigation.

Woman Ejected From Car in Fatal Chesapeake Crash

info@weislaw.com (News Author)11153 — Mon, 02 Nov 2009 08:00:00 EST

Katie Young, a 29-year-old Virginia Beach woman, died at Sentara Norfolk General Hospital after being ejected from a car during a crash in Chesapeake late Friday night. Police said that a Buick was driving on Mount Pleasant Road when it was hit by a Honda trying to cross the road; the Buick had right of way. Young was a passenger in the Honda; she was not wearing her seat belt and was ejected from the vehicle. The drivers of the vehicles only suffered minor injuries. Police are still investigating, and charges may be filed against the driver of the Honda.

Red light violations are down in Virginia Beach

info@weislaw.com (News Author)11137 — Sat, 31 Oct 2009 08:00:00 EST

The recent death of a mother and her four year old daughter because of a red light runner has put traffic safety devices like red light cameras in the spotlight. The woman and her child were killed at an intersection without a red light camera, but so far this year it appears that intersections with cameras are becoming a little safer.

Six months worth of data gathered from intersections where red light cameras have been installed in Virginia Beach reveal that drivers are running fewer red lights.

A spokesperson for the Virginia Beach police stated that the cameras appear to be changing driver behavior, and have caught nearly 28,000 drivers who failed to stop at a red light.

The red light cameras have also resulted in the collection of fines totaling $280,119, at $50 per ticket.

While the number of red light violations is going down, accident statistics from the affected intersections are not yet available. Critics of red light cameras contend that while fewer people may run red lights, drivers tend to slam on their brakes more, causing more rear-end crashes.

It is likely that the PHOTOSafe program will be expanded to other intersections after approval by the Virginia Beach city council.

Senators pushing back against DEA narcotics crackdown affecting nursing home residents

info@weislaw.com (News Author)11138 — Sat, 31 Oct 2009 08:00:00 EST

Elderly nursing home and hospice residents suffering from extreme pain are being denied painkillers because of a Drug Enforcement Administration (DEA) crackdown on narcotics abuse.

Pain relievers like morphine and Percocet are controlled by the Controlled Substances Act, and tougher enforcement of this act has some pharmacists reluctant to allow long-term care residents access to these powerful drugs.

Drug abuse in nursing homes is an issue of concern to the DEA, and in order to prevent abuse of controlled substances the agency requires signatures from doctors and additional approval when specific pain medications are ordered for residents. This is in attempt to keep nursing home staff members from stealing or abusing the narcotics.

Two Senate Democrats are pushing to revise the DEA rules to allow nursing home and hospice residents easier access to pain relief. In a letter to Attorney General Eric Holder Jr., the pair asked for a legislative fix for this issue, which, they contend, is causing "adverse health outcomes and unnecessary rehospitalizations, not to mention needless suffering."

Virginia pharmacies that don’t follow the DEA’s strict rules face fines that can reach to the tens of thousands of dollars. This has made pharmacists reluctant to dispense these painkillers, especially after a federal crackdown in Virginia earlier this year.

There is not yet a DEA or Justice Department response to the Senators’ letter.

Reward for leads in criminal case of missing Virginia Tech student

info@weislaw.com (News Author)11139 — Sat, 31 Oct 2009 08:00:00 EST

A 20-year old Virginia Tech student has been missing since October 17 when she was last seen outside of the John Paul Jones arena in Charlottesville. The student, Morgan Dana Harrington of Roanoke, became separated from her friends when they left the arena and has not been seen since.

The reward for leads in her case, which is being treated as a criminal matter, currently stands at $100,000 and may rise, with money being donated by the Jefferson Area Crime Stoppers, from a website set up to find the missing student and with money from Metallica, the band playing at the arena when she disappeared.

According to police, Harrington left her friends to go to the restroom and ended up outside of the arena, unable to get back inside. She called her friends using her cell phone to tell them that she would meet them after the show or find a ride home, but was not heard from again.

Harrington’s purse and cell phone were found in the arena parking lot the next day. She is described as being 5 foot 6 inches tall and weighing 120 pounds with blond hair and blue eyes. At the time she disappeared she was wearing a black miniskirt, black t-shirt and black tights with black boots.

Anyone with information about Harrington’s whereabouts is asked to call the Virginia State Police tip line at (434) 352-3467.

Virginia police asking tipsters to call in about suspected drunk drivers

info@weislaw.com (News Author)11018 — Tue, 27 Oct 2009 08:00:00 EST

Virginia police are encouraging anonymous tipsters to call in when they spot a driver who might be under the influence of alcohol. This is despite a recent court ruling that threw out a case against an intoxicated driver because the anonymous tipster was the only one who personally witnessed the driver’s drunken behavior.

After Richmond area police received an anonymous tip in 2005, an officer pulled over the suspect in Virginia. According to police reports, the individual smelled of alcohol and failed the field sobriety tests. As a result, the individual was charged with driving while intoxicated.

However, the Virginia Supreme Court recently threw out the conviction because the traffic stop was based on an anonymous tip. The police officer, reasoned the court, did not witness the driver violating any traffic laws. According to the court, there was not enough reasonable suspicion for the police officer to stop the intoxicated driver.

The case was headed to the U.S. Supreme Court, which this week decided that they would not hear the case.

A spokesperson for AAA Mid-Atlantic stated that despite the Virginia Supreme Court’s ruling, police officers will still rely on anonymous tips about suspected drunken drivers. However, it is unclear what value tips will provide police departments across the state if they won’t hold up in court.

AAA wants to see the end to distracted driving by 2013

info@weislaw.com (News Author)11021 — Tue, 27 Oct 2009 08:00:00 EST

Last month the American Automobile Association (AAA) started a national campaign to promote what they are calling “distraction-free driving”, intended to raise drivers awareness of the dangers posed by hand-held cell phone use behind the wheel.

Distracted driving has been blamed by the National Highway Traffic Safety Administration (NHTSA) for contributing to 5,870 fatalities and 515,000 injuries across the country last year. According to AAA, one in five drivers has admitted to texting while driving in the last 30 days, and the number goes up for the under-25 age group.

AAA has stated that they would like to see laws in all states making it illegal for any driver to send, write or read a text message or email while driving. Just this year Virginia enacted a ban on texting while driving, however it is only subject to secondary enforcement. If a driver is paying attention to their handheld device and not the road, they cannot be pulled over unless they commit a primary traffic violation.

AAA has joined forces with the AAA Foundation for Traffic Safety to push for a text messaging ban by 2013, and is driving their point home with a massive legislative and communications campaign. Earlier this month they asked motorists to drive distraction free for one week, with the slogan “try it for a week, do it for life.”

The organization is encouraged by results from California’s text messaging ban, which resulted in a 70 percent decrease in texting while driving.

Mother and Daughter Killed in Virginia Beach Crash

info@weislaw.com (News Author)10933 — Thu, 22 Oct 2009 08:00:00 EST

Tuesday evening, the Mise family's 2003 GMC Yukon was struck by a 2006 Scion TC at the intersection of Corporate Landing Parkway and Dam Neck Road, causing it to roll over several times. Tanya Mise, 35, and her daughter Lauren Mackenzie Mise, 4, were ejected from the vehicle. Tanya was not wearing her seatbelt; Lauren had been in her car seat, but investigators believe she may have unbuckled herself before the accident. Lauren died at the scene and Tanya died at the hospital. John Mise, who had been driving and was wearing his seatbelt, and the couple's two-year-old son, who was properly restrained in his car seat, were not hurt. The driver of the Scion was taken to the hospital to be treated for minor injuries resulting from the air bag deploying. Police believe that the driver of the Scion may have run a red light; charges are pending.

PLEASE ALWAYS WEAR YOUR SEAT BELT. SEAT BELTS SAVE LIVES.

Vehicle Collides With Bus on Shore Drive

info@weislaw.com (News Author)10741 — Wed, 07 Oct 2009 08:00:00 EST

Just before noon today, a vehicle collided with a HRT bus on Shore Drive in Virginia Beach. The vehicle ran into the back of the bus; the driver was charged with reckless driving and failure to yield. The driver of the vehicle and multiple people on the bus complained of injuries. Several people were transported to hospitals, but at this time the extent of their injuries and the number of people actually transported is not certain.

Uninsured Virginia Beach Man Leads Police on Chase

info@weislaw.com (News Author)10606 — Wed, 30 Sep 2009 08:00:00 EST

40 year old James D. Hall of Virginia Beach led police on a wild chase that ended in damage to police cars and shutting down part of the highway for several hours. Virginia State Police spokeswoman Sgt. Michelle Cotton listed Hall’s offenses as hit and run, eluding police, assault, false identification, driving while on a suspended license, displaying fictitious tags, driving with expired tags, and driving an uninsured vehicle.

The pursuit started at Diamond Springs Road in Virginia Beach where an officer spotted a truck with expired tags which did not belong to the pickup. Police were called in to assist as the driver led the chase down I-264 West towards Norfolk. The truck exited the highway at City Hall Avenue where witnesses claim they saw the pickup hop a curb and speed through the parking lot.

Hall then continued to flee on to I 264 east back towards Virginia Beach. Near the I-64 interchange the truck collided with several police cars and lost control, crashing into a concrete barrier. Hall then ran across the highway into the woods. Police dogs were brought in, and the suspect was found and arrested.

Hall was taken to the hospital and treated for minor injuries. He is being held without bond. Several Virginia Beach Police vehicles were damaged as well as two state police cars, although no officers were injured in the incident.

GAO Report questions ability of CMS to find and monitor subpar nursing homes

info@weislaw.com (News Author)10638 — Wed, 30 Sep 2009 08:00:00 EST

The Centers for Medicare and Medicaid Services (CMS) has a program in place to follow up on nursing homes whose conditions are not adequate. Currently CMS focuses on one to six homes in each state which are performing poorly and places them on Special Focus Facilities (SFF) list which subjects them to more frequent inspections and penalties if they don’t improve.

A new report from the Government Accountability Office (GAO) concluded that the current program is missing almost four times as many homes which are among the worst performing facilities in the nation. The report recommends that they expand the list from the current 136 to 580.

Facilities rated as performing the worst tended to be larger, averaging 102 residents, were for-profit facilities, and were part of a chain of homes. These facilities had an average of 24% fewer registered nurses on duty compared to the number of patients than better performing homes. The GAO did not name any specific nursing homes in their report.

Senate Aging Committee chair Herb Kohl (D-Wis) argued that the CMS special focus program is in need of immense expansion, and that the criteria for identifying the worst performing homes should be modified.

Kohl and Finance Committee ranking member Charles Grassley (R-IA) reintroduced the Nursing Home Transparency and Improvement Act in March, where it calls for information to be available to consumers about ownership, track records of care, and business structure of the nursing homes. This would give the homes a change to improve conditions on their own. Senator Max Baucus recently included this proposal in the Senate healthcare reform bill.

Norfolk Police investigating DUI hit and run

info@weislaw.com (News Author)10646 — Wed, 30 Sep 2009 08:00:00 EST

A late night crash that landed a car in the front yard of a residential home is being investigated by the Norfolk Police.

The events of the night started when the driver, James Imani Stewart, hit a parked car and a power pole. Stewart continued on, eventually crashing into the front yard of a house on Nesbitt Drive.

Police consider the first accident a hit and run, since Stewart did not stop after the original collision. One person, a backseat passenger, was injured in the accident and had to be taken to the hospital. He was found unconscious in the back seat after the crash; his current condition is unknown.

There was another passenger in the back seat of the vehicle when the accident happened, and he told a news station that he had been asleep in the car when the crash happened. The impact of the crash woke him up, and he was able to help his unconscious friend in the back seat.

The driver was taken away from the scene of the crash in handcuffs and has been charged with driving under the influence (DUI). There were no other injuries in the accident, although the front porch of the residence was damaged.

Pit Bull Kills VA Toddler Over The Weekend

info@weislaw.com (News Author)10580 — Tue, 29 Sep 2009 08:00:00 EST

A pit bull mauled a 23-month-old child to death in Orange County, VA this weekend. The child went outside to where the family's pit bull was tied up without being seen by her mother. After family members noticed the child's absence, they began searching for her; they found her next to the tied up dog, wounds covering her body. She was taken to the University of Virginia Medical Center where she was pronounced dead several hours after being attacked. The pit bull, which had lived with the family for ten years, was euthanized by animal control officers Sunday night. Orange County Sheriff Mark Amos would not say whether charges would be filed, and did not divulge how long the child was out of the mother's sight.

Police Chase Ends in Crash on I-264 in Norfolk

info@weislaw.com (News Author)10585 — Tue, 29 Sep 2009 08:00:00 EST

I left our office in downtown Norfolk at 5:30 Friday evening, heading towards my home in Virginia Beach. Shortly after getting on the interstate I noticed a sign alerting drivers that the three left lanes were closed ahead. Traffic came to a halt before the Broad Creek Bridge; I could see flashing lights ahead, and assumed that a rush hour traffic accident had occurred. As I approached the cause of the lane closures, all I could see was state police cars, at least one of them partially smashed. I did not turn to look as I passed the accident, but turned on the local news as soon as I arrived home. I was surprised to find out the true cause of my delay.

James D. Hall, 40, was arrested after his truck collided with multiple Virginia Beach and state police cars during a chase that began on Diamond Springs Road in Virginia Beach and ended on I-264 East in Norfolk. A Virginia Beach police officer attempted to stop Hall after running his plates and finding that the plates did not match the truck's registration. Hall then led police on a chase down 264; he exited at City Hall Ave in Norfolk then got back on the interstate heading towards Virginia Beach. Hall crashed into the concrete barrier separating I-264 East and West before the I-64 interchange; he hopped the barrier, ran across I-264 West, and hid in the woods on the side of the interstate. Police officers arrested him after using a dog to locate him in the woods. Hall was taken to the hospital to be treated for minor injuries, and is now being held without bond in Virginia Beach. He is being charged with three felonies and six misdemeanors.

Selective Enforcement Team Officer Appeals DUI Conviction

info@weislaw.com (News Author)10599 — Tue, 29 Sep 2009 08:00:00 EST

Virginia Beach Selective Enforcement Team Officer, Bryan K. Womble, is appealing the bench court conviction of hit and run and drunk driving. Womble, 37, was sentenced to five days in jail, a $500 fine, one year suspended license, and a six month ignition interlock device. He was also ordered to attend alcohol awareness classes. Womble was one of eight officers who were part of a Virginia Beach team who specializes in DUI enforcement efforts, but has been on administrative duty since his June 20th arrest.

Womble was off duty the night of his arrest, admitting that stress from his personal life, work, and his overseas father’s recent heart surgery caused him to drink more than usual. Womble also experienced the biggest case of his career one month prior, having arrested retired NFL star Bruce Smith in May for drunk driving. He stated that he never drank a lot before, and on the night of the incident had intended on driving to the 2nd precinct to have a fellow officer drive him home.

On the way to his intended destination, he struck another car as he attempted make a right hand turn. None of the passengers in the car he hit were injured, although Womble did continue driving from the scene. He claimed the impact from the airbag left him disoriented, and pulled over two blocks away where Officer Michael Stark observed the damage to the car and performed a field sobriety test. According to police reports, Wombles’ BAC was 0.15%.

Virginia lawmaker wants to make texting while driving a primary offense

info@weislaw.com (News Author)10523 — Sun, 27 Sep 2009 08:00:00 EST

Earlier this year Virginia lawmakers passed a law making it illegal to send or receive text messages while driving. However, the law is subject only to secondary enforcement, meaning that police officers cannot pull a driver over just for texting and driving.

Some lawmakers believe that Virginia has not gone far enough to eliminate texting and driving on the Commonwealth’s roads and highways. State delegate Steve Shannon, a candidate for State Attorney General, is calling for lawmakers to make texting and driving a primary offense.

If texting and driving were a primary offense, then law enforcement officers could pull drivers over just for sending or reading a text message. Shannon would also like to increase the fine for a first offense to $100 and to $250 for the second offense.

Right now, the ban that went into effect July 1 allows for a $20 fine for the first texting while driving offense, and $50 for the second offense. Shannon and other safety advocates believe that the new law is a start, but not enough of a deterrent for drivers determined to stay in touch via text messages no matter what the risk.

Fight at Virginia Beach School Results in 14 Students Being Charged

info@weislaw.com (News Author)10499 — Fri, 25 Sep 2009 08:00:00 EST

Fourteen students at Renaissance Academy, an alternative school in Virginia Beach, will be charged after a fight at school on September 25th left two injured. Originally, seventeen students were to be charged; twelve of those students were juveniles who were to be charged will assault or disorderly conduct, and five of those students were adults who were to be charged with disorderly conduct. The two students who were injured were treated by paramedics for facial injuries. One staff member received minor injuries to his hand while trying to break up the fight. Twelve officers responded to a school employee's call for help, and the school was locked down for an hour and a half following the incident.

Two Dead After Head-On Collision on I-664

info@weislaw.com (News Author)10500 — Thu, 17 Sep 2009 08:00:00 EST

Annie Goodman, 65, was driving south on I-664 when her car crossed the median and traveled into oncoming traffic. She struck a vehicle driven by Thompson Weeks, 53, who was flown to Sentara Norfolk General. He died in surgery. Goodman died at the scene. Police say they do not know what caused Goodman to run off the road; they closed down the northbound lanes on 1-664 trying to re-create the crash.

Virginia nursing home being sued for $26M over resident death

info@weislaw.com (News Author)10165 — Fri, 28 Aug 2009 08:00:00 EST

The death of a resident at a Williamsburg, Virginia nursing home has lead to a $26.85 million lawsuit against the facility and its former administrator.

The man, Roper Houston, a 70 year old with severe mental retardation, died after being taken to the hospital because staff found blood in his urine. According to the lawsuit filed by the family, Houston suffered a fall from his bed because a nurse neglected to raise a guardrail.

As a result of the fall Houston had a huge swelling on his head, but the incident was not reported to the hospital.

The nursing home, Ruxton Health Care, was sold at the beginning of this year to a Florida based company and is now called Envoy of Williamsburg. The name change can’t hide the home’s troubles, however.

Between January 2006 and April 2008 there were about 28 complaints of patient neglect against the facility. In addition, another wrongful death case arose last year when a resident died from multiple bedsores and skin ulcers. That suit was settled this past April for an undisclosed amount.

Another wrongful death suit is being prepared against the facility, this time for the death of a resident who also passed away under suspicious circumstances last year.

Virginia Beach doctor killed in bicycle accident when hit by car

info@weislaw.com (News Author)10166 — Fri, 28 Aug 2009 08:00:00 EST

A local Virginia Beach doctor, Joseph V. Mirenda, 49, was hit by a car in Harrisonburg on Tuesday morning. The accident killed the anesthesiologist, who was reportedly biking from Wintergreen to James Madison University to visit his son.

Mirenda was headed west on the two-lane Port Republic Road at about 10:45am when he was hit by a 2004 Ford Taurus being driven in the same direction. The Taurus struck him from behind, and he died on the scene from his injuries.

It took authorities about a day to identify Mirenda’s body. Mirenda, a cardiac anesthesiologist, has been working at Anesthesia Specialists on South Rosemont Road since 2003.

The driver of the Taurus, 22 year old Jessica Chandler, may have been texting when she hit Mirenda. Police would not confirm whether or not this was true, and charges are still pending against Chandler.

The accident investigation is ongoing and charges have yet to be filed. Texting while driving has been the topic of new legislation in Virginia and is the subject of much research. Recent studies have shown that texting while driving increases the chance of a crash by 23 times.

State Attorney Generals raise concerns about CMS Nursing Home Rating System

info@weislaw.com (News Author)10164 — Thu, 27 Aug 2009 08:00:00 EST

Thirty-one state Attorney Generals have sent a letter to Kathleen Sebelius, the Secretary of Health and Human services requesting temporary suspension and revision of a national nursing home rating system. William Mims, the Attorney General of Virginia, was involved with the sending of the letter.

The Nursing Home Five Star Rating System is run by the Centers for Medicare and Medicaid Services (CMS), and has been the target of criticism for the way that it ranks nursing homes across the country.

The letter sent to Sebelius states that the rating system can be misleading and could create significant confusion for seniors. Critics would prefer that CMS’ previous system, Nursing Home Compare, be used while the five-star system is revamped.

In the past critics of the Nursing Home Five Star Rating System have complained that one “off” inspection could unfairly negatively affect a home’s ratings, and homes with a high rating on paper might not be as good in ‘real life’.

People looking for a quality nursing home can’t rely on a website of ratings to make the decision for them. It is important to do as much research as possible and visit the home in person before committing.

Norfolk Wants to Install Security Cameras in Parking Garages

info@weislaw.com (News Author)10079 — Mon, 24 Aug 2009 08:00:00 EST

The safety of Norfolk's parking garages has been called in to question lately. After a rash of car break-ins in 2008, and a murder in the Waterside parking garage in March, city officials knew that they needed to act. They want to install security cameras in all fifteen of downtown Norfolk's parking garages, but they have a problem; bids for the job have come in more than double what the city expected to pay. The city expected bids around $1.4 million, but none go below $3 million. The project has been put on hold while city leaders decide how to come up with the money.

Feds claim number of women arrested for DUI is on the rise

info@weislaw.com (News Author)10033 — Thu, 20 Aug 2009 08:00:00 EST

According to data released by the Transportation Department, the number of women arrested for drunken driving has risen nearly 30 percent from 1997 to 2007. The reason for the increase is unclear.

The announcement comes as the federal government and states announce the start of the annual Labor Day weekend crackdown aimed at snagging intoxicated drivers across the country. In Virginia, Maryland and Washington D.C. this effort will be known as Checkpoint Strikeforce and will involve sobriety checkpoints in various locations from August 21 to Labor Day.

In Virginia last year 354 people were killed in alcohol related crashes, about a 6 percent decrease from 2007. Another 7,000 were injured in drunken driving accidents last year. The average BAC of drivers arrested for DUI in Virginia last year was 0.14.

Despite the government’s focus on the rise in the number of female drunken drivers, intoxicated male drivers still dominate the statistics. Data recently released by Virginia for 2008 shows that 80 percent of individuals convicted of a DUI were male.

Want to increase your chance of a crash? Send a text message!

info@weislaw.com (News Author)10034 — Thu, 20 Aug 2009 08:00:00 EST

Researchers are hammering the point home: if you want to increase your risk of being involved in a car crash, send a text message while you’re driving.

It may seem obvious to many drivers that texting and driving don’t mix, but for many Virginians – especially younger drivers – text messaging is such an integral part of life that they don’t put down their devices when they get behind the wheel.

Authorities and researchers have long been complaining about cell phone use by drivers, but texting while driving has become a hot new issue. Why all the fuss about text messaging? Research studies are finding that texting while driving is far more dangerous than carrying on a cell phone conversation, something many people already know isn’t safe.

Virginia Tech research results recently revealed that drivers increase their chance of being involved in a traffic crash by 23 times if they text and drive. Virginia lawmakers recently passed a bill making it illegal to send or receive texts or emails while driving, but the new law is subject only to secondary enforcement. This means drivers can’t be pulled over simply for using a mobile device at the wheel.

Laws restricting the use of mobile devices by car and truck drivers are controversial. Some people believe such restrictions affect their freedom, while others don’t think they go far enough.

Thirteen Motorcycle Fatalities This Year in South Hampton Roads

info@weislaw.com (News Author)10080 — Tue, 18 Aug 2009 08:00:00 EST

Last weekend, two more men lost their lives in motorcycle crashes in South Hampton Roads. These two deaths bring the total for this year so far to thirteen; only six people died in all of 2008. Alcohol and/or speed have been contributing factors in almost all of the crashes this year; alcohol was a factor in both of the crashes this past weekend. Officials are urging motorcyclists to take safety courses, wear proper helmets, and refrain from drinking before going for a ride.

Norfolk Teacher Pleads Guilty to DUI, Aggravated Involuntary Manslaughter, and Maiming

info@weislaw.com (News Author)9678 — Thu, 30 Jul 2009 08:00:00 EST

Just after 1 am on February 21st, Ronald K. Sharpe was drunk and high while driving his Toyota Camry down Northampton Blvd. He had had a few beers at a nightclub and also smoked marijuana earlier that night. Sharpe crossed three lanes into oncoming traffic and struck another car on its driver's-side. The car he hit spun out of control and hit a tree; Sharpe's car rolled and also hit a tree.

The car Sharpe struck was driven by Alexandria Calamia, 19, of West Pointe; she was pronounced dead after the crash. Brandon Wise, a passenger in the back seat of Calamia's car, suffered facial fractures and a brain hemorrhage; his injuries have caused numerous cognitive problems.

Sharpe initially lied to police; he had said that another car hit him, pushing him into oncoming traffic, but video evidence proved otherwise. He pled guilty to DUI, aggravated involuntary manslaughter, and maiming; he faces a maximum of six years and five months in prison.

Teacher pleads guilty to charges in drunk driving death

info@weislaw.com (News Author)9679 — Thu, 30 Jul 2009 08:00:00 EST

A middle-school teacher pleaded guilty to a number of charges resulting from a drunk driving crash that killed one woman and injured two other people.

The teacher, 28 year old Ronald K. Sharpe, was under the influence of alcohol and marijuana when he his Toyota Camry crossed three lanes of traffic and ended up in oncoming traffic where he hit the driver’s side door of another vehicle.

The driver of the other vehicle, Alexandria Calamia, 19, was killed when her car spun out of control as a result of the collision and hit a tree. A passenger in the car, Brandon Wise, suffered fractures and a brain hemorrhage that later lead to memory loss and cognitive problems. Another passenger, Heather Lee, suffered minor injuries in the crash.

Sharpe’s car also hit a tree, but when police arrived at the scene of the accident he was out of the vehicle and walking around. Sharpe admitted to officers that he had been at a nightclub where he had consumed several beers. Police reported that he smelled like alcohol and cannabis.

Police were unable to give Sharpe a breath alcohol test at the scene of the accident because of a cut on his lip, so they transported him to the hospital for blood tests. Hospital tests showed that Sharpe had a BAC of 0.08 and revealed that Sharpe had been smoking marijuana that night.

The public relations coordinator for the Norfolk public schools stated that Sharpe will be fired from his job as a gym teacher at Azalea Gardens Middle School now that he has been found guilty.

Driver charged with DUI after Norfolk car crash that killed two people

info@weislaw.com (News Author)9680 — Thu, 30 Jul 2009 08:00:00 EST

A weekend crash on Granby Street in Norfolk caused by an intoxicated driver took the lives of two people. The driver, 24 year old Richard B. Freeman of Norfolk, was driving his black BMW at a high rate of speed when he crashed near Granby and Kingsley Lane.

Freeman drove the BMW into a tree in the median in front of Bon Secours DePaul Medical Center early in the morning. Police stated that speed was a factor, although they were not yet able to estimate how fast Freeman was driving.

A man and a woman died as a result of the crash, and three other people suffered injuries. The deceased are Cameron Richardson, 25, of Chesapeake and Lauren Kok, 22, of Staten Island, N.Y.

Richardson was riding in the front passenger seat of the BMW when the accident happened and Kok was in the backseat.

Two of the other injured people had injures that were minor, while the third is in critical condition at Sentara Norfolk General Hospital.

According to police the accident is still under investigation, and so far Freeman has been charged with driving under the influence of alcohol.

Abuse investigation of Virginia nursing home workers

info@weislaw.com (News Author)9681 — Thu, 30 Jul 2009 08:00:00 EST

Police are investigation allegations of abuse at a Galax nursing home. As a result of the investigation two employees of the Waddell Nursing Home and Rehabilitation Center have been dismissed.

The investigation was triggered when an anonymous complaint was received by an adult protective service worker with the Galax Department of Social Services. The complaint claimed that employees of the nursing home had taken sexually oriented pictures of residents without their knowledge or permission.

The alleged violation of residents’ rights triggered the dismissal of two Waddell employees.

Today police arrested former employee Sharon Ann Walker, 29, of Fries in connection to the abuse allegations. Walker is charged with two counts of knowingly and intentionally videotaping or photographing a non-consenting person over the age of 18 when the person was nude or in a state of undress.

Sometime between April 1, 2009 and July 15, 2009 Walker took the pictures and shared them with other people. According to police, the rights of more than one nursing home resident were violated.

Police anticipate another arrest in the case, as the crime involved more than just Walker.

Six Teens Injured in Crash- Two Still in Critical Condition

info@weislaw.com (News Author)8532 — Wed, 29 Jul 2009 08:00:00 EST

Six teens were transported to the hospital after the car they were in pulled into traffic and was struck but a car traveling perpendicular to them. The car rolled; emergency crews had to extract the teens from their vehicle. The driver of the other vehicle did not need to be hospitalized. Two of the six teens remain in the hospital; they are in critical condition.

Virginia Beach Police Officer Charged with DUI, hit and run

info@weislaw.com (News Author)9501 — Mon, 20 Jul 2009 08:00:00 EST

A Virginia Beach police officer is in trouble after a hit-and-run crash. The officer, Bryan K. Womble, 36, drove his Mitsubishi car into a Dodge Neon at the intersection of 20^th Street and Pacific Avenue around 2 a.m. Womble was off-duty when the car accident happened.

Womble was stopped by another officer about two blocks away, where he was found to have a blood alcohol content of 0.15, nearly twice Virginia's legal driving limit of 0.08. There were no injuries reported as a result of the accident.

The officer arrested Womble, who was charged with drunken driving and subsequently released on bond. He was not immediately charged for the hit and run because officials were trying to determine how much damage had been done to the Neon.

The case is being handled by the Chesapeake Commonwealth's Attorney Office to avoid a potential conflict of interest. The Attorney's Office recently determined that the accident involved less than $1,000 in damage, so prosecutors have charged Womble with a misdemeanor hit-and-run instead of a felony hit-and-run.

Womble, a member since 2000 of a police team that specializes in stopping drunken drivers, will remain on administrative duty until his trial on July 27.

Third time DUI driver convicted in fatal crash

info@weislaw.com (News Author)9500 — Mon, 20 Jul 2009 08:00:00 EST

This past week the driver of a vehicle involved in a fatal two-car collision that took the life of a 19 year old man was convicted. The driver, Matthew Burch, 35, was convicted of reckless involuntary DUI manslaughter, homicide, and DUI third offense.

The accident happened this past April when Burch was driving east in the westbound lanes of Richmond Road near Barnes Road. Burch crashed his Jeep Liberty head-on into a Chrysler Cirrus being driven by Christopher Mellis.

Mellis died at the scene of the accident while Burch was not seriously injured. Burch was taken to Sentara Williamsburg Regional Medical Center for treatment, where he submitted to a blood alcohol test. The tests showed that he had a BAC of 0.26. Burch was also tested at the Virginia Department of Forensic Science and that test showed a BAC of 0.22.

Burch’s two prior DUI convictions happened in Virginia Beach (2001) and Henrico (2004). He served no significant jail time for either conviction and for his second conviction he accepted a plea agreement that dismissed additional charges of marijuana possession and refusal of a breathalyzer.

Burch will be sentenced in September and could face up to 65 years in jail.

Man dead after Virginia Beach rollover car crash

info@weislaw.com (News Author)9234 — Tue, 30 Jun 2009 08:00:00 EST

Investigations are still underway of a fatal car accident near Dam Neck Road in Virginia Beach. A man headed north on Bold Ruler Drive early in the morning hit a curb, overcorrected, and caused his car to roll over.

The car, a 1999 Ford Contour sedan, rolled three times before crossing into the southbound lanes of traffic and slamming into a utility box. The man was thrown from his car as it rolled and was pronounced dead at the scene.

According to police the man was thrown from the vehicle because he was not wearing a seatbelt. He was also believed to be driving too fast. Lack of seatbelt use in rollover accidents often leads to serious or fatal consequences, with up to 70 percent of those thrown from a rolling car suffering fatal injuries.

Excessive speed is also a major contributor to serious accidents and is a sign of aggressive driving.

The name of the man has not yet been released, pending notification of his family. Police do not yet know if alcohol was a factor in the crash.

Motorcyclists, pedestrians and cyclists killed in traffic accidents

info@weislaw.com (News Author)9233 — Tue, 30 Jun 2009 08:00:00 EST

According to a new report by the World Health Organization (WHO), worldwide about 1.27 million people are killed in traffic accidents, and nearly half of those fatalities are pedestrians, motorcycle riders, and cyclists.

Motor vehicle accidents aren’t just a problem in the United States. Across the globe traffic crashes are the leading cause of death for people between the age of 10 and 24. Traffic deaths are the 10^th leading cause of death worldwide.

Experts fear that traffic safety laws and road design are not keeping pace with economic development, noting that 50 million injuries are caused each year because of auto accidents. The danger posed to humans from road travel constitutes a public health hazard in some parts of the world.

Despite overall economic improvements worldwide – the recent economic challenges notwithstanding – only 15 percent of 158 countries surveyed by the WHO have comprehensive laws aimed at curbing drunk driving, setting speed limits, and advocating child restraints, seat belt use, and helmet use.

In order to reduce the number of fatalities caused by traffic accidents, nations will need to focus on implementing and enforcing driving laws similar to those in the U.S. and other developed countries.

Controversy surrounds wrong-way Virginia Beach driver charged with DUI

info@weislaw.com (News Author)9154 — Thu, 25 Jun 2009 08:00:00 EST

The attorney for a man who crashed head-on into a state trooper while driving the wrong way on Eastbound 264 claims that the man was not drunk at the time of the crash. The man, 44 year old Cleveland Robertson, entered 264 from the Oceanfront at 21st street and Parks Avenue headed westbound against traffic.

Robertson first hit a Chevy Malibu containing three teenagers, and continued on to hit a Virginia State Trooper vehicle head-on. The trooper, Lee White, was trying to stop Robertson with his police cruiser. However Robertson kept driving after that collision as well, eventually coming to a stop.

Robertson was arrested by White and is currently in the Virginia Beach Jail. He has been charged with driving drunk and two felony counts of hit and run. His attorney, however, maintains that Robertson was not intoxicated when the crash occurred.

According to his attorney, White suffers from brain damage after a workplace injury in 2003 left him “forgetful and easily confused”. The only substance that might have been in his system, argues the lawyer, is medication for Robertson’s brain damage.

Officials are waiting for results from a blood test that will confirm whether or not Robertson was intoxicated.

Nursing Homes on the lookout for Swine Flu

info@weislaw.com (News Author)9131 — Wed, 24 Jun 2009 08:00:00 EST

Despite the onset of summer when the number of flu cases typically drops off, nursing homes across the country are on the lookout for symptoms of the swine flu. The swine flu – also known as H1N1 – is sticking around unlike the seasonal flu where cases have dropped off for the summer.

According to the Virginia Department of Health there have already been 44 cases of swine flu (H1N1) in Hampton Roads and one death in Virginia. It is possible that these numbers are underreported because many medical professionals are only testing people who are hospitalized for the presence of H1N1.

People who don’t get admitted to the hospital to treat their symptoms aren’t always tested, which means there is probably more swine flu circulating than anyone realizes.

The challenge for nursing homes is that they have a large number of residents housed reasonably close together, many with compromised immune systems. Nursing homes have been asking friends and family members to avoid visiting if they suspect they might be sick, because people with H1N1 flu are contagious for up to seven days after onset of the illness and possibly longer if they still are exhibiting symptoms.

Virginia Beach Police Officer Charged with DUI

info@weislaw.com (News Author)9069 — Sun, 21 Jun 2009 08:00:00 EST

A Virginia Beach police officer involved in a two-car crash Saturday morning has been charged with driving under the influence.

The accident happened at the intersection of 20^th Street and Pacific Avenue at the Virginia Beach Oceanfront. There were no injuries reported as a result of the accident.

The driver of one vehicle, Bryan Keith Womble, 36, was taken into custody by police. Womble, a Virginia Beach police officer assigned to Special Operations as a member of the Selective Enforcement Team, was later charged with DUI.

As the member of a team focused on removing intoxicated drivers from area roads, Womble arrested and charged Bruce Smith, a NFL Hall of Famer, with driving under the influence two months ago.

Womble was released from jail on a $500 personal recognizance bond and has been placed on administrative duties pending the results of an internal investigation.

info@weislaw.com (News Author)8872 — Thu, 04 Jun 2009 08:00:00 EST