Sad News for Pure Stodge and MOA

[Newstar]

I couldn't attend the rally this year but nonetheless, I still feel a part of this extended family. I can't seem to get this off my mind these past few days. To think that a life is only worth $2500 is appalling. Drunk driving is not an accident, it's a crime and punishment should be suitable. My heart goes out to the victim and his family as well as the other couple and their family. Sad times for the MOA.

[JCABRANES]

Here is an interesting tidbit from the criminal complaint:

"Schehr was later interviewed at the Sheriff's Department and provided a statement. She indicated that she began drinking at approximately 5:00pm on July 14, 2007 near Colgate, Wisconsin at an acquaintance's home. At that time she consumed 4 cups of beer. Later Schehr and others went to Sussex Lion's Days in Sussex, Wisconsin where Schehr consumed more beer and stopped drinking at approximately 11:30pm. She indicated that she left the Sussex area at some time later and on her way to Hartford she fell asleep while driving. The next thing she remembered was waking up seeing the car smoking and the airbag had gone off. She remembers the motorcycle operator falling into the ditch into the "long grass"."

Note: The accident occurred sometime around 8am. Her BAC taken by a Portable Breatholizer was .12

[Mar]

...where Schehr consumed more beer and stopped drinking at approximately 11:30pm.

Note: The accident occurred sometime around 8am. Her BAC taken by a Portable Breatholizer was .12

I saw that 11:30 p.m. time earlier today and I thought the same thing. How could her BAC still be 0.12% by 8 a.m. the next morning? Somebody's lying...

[JWHITE518]

Thanks for posting the DA's email address. I sent him a polite message requesting full and aggressive prosecution.

[dlowry]

Can someone let me know who is responsible for tourism in the state of Wisconson? I think that copying them on anything sent to the DA would not be a bad idea. Nothing shakes them up like bad press for tourists.

Cheers!

[SUE]

The Motorcycle lobby is very strong and very LOUD in our state. I have confidence that the driver of that car will be given her day in court and will receive appropriate punishment.

[kbasa]

The Motorcycle lobby is very strong and very LOUD in our state. I have confidence that the driver of that car will be given her day in court and will receive appropriate punishment.

Indeed, Sue.

Great perspective.

[usafchickie]

The idea of a peaceful protest has been floated at the Wisconsin Club website. Might not be a bad idea to pack the courtroom on August 2 to let everyone know that we are watching. With an out of state guy it is unlikely that anyone except the family will be in court and that may create the false impression that nobody cares. I've already cleared my calendar for that afternoon... anyone in the upper mid-west care to join me.

If there is anyone willing to go from the Minneapolis area, I would like to go. This deserves as much attention as possible. This is a double whammy being that involves a drunk driver and a motorcycle for me, even though I didn't know Mr. Christ. In Wisconsin, 2005, my best friend's mother and father were headed home on Thanksgiving Day. They were hit by two brothers. The driver had a prior DWI conviction and the passenger had two priors. It was the last day of deer season. Everyone was killed except her father. He was critically injured. He's alive, and doing well now.

I want to be there to stand up for Mr. Christ's family and the motorcycle community. First off, $2,500 is not enough bond. $25,000 bail? Life is far more precious. Nevermind it was eight in the morning! I've been having nightmares since I found out about this. It makes me mad as hell. What can be done?

[JCABRANES]

If there is anyone willing to go from the Minneapolis area, I would like to go. This deserves as much attention as possible. This is a double whammy being that involves a drunk driver and a motorcycle for me, even though I didn't know Mr. Christ. In Wisconsin, 2005, my best friend's mother and father were headed home on Thanksgiving Day. They were hit by two brothers. The driver had a prior DWI conviction and the passenger had two priors. It was the last day of deer season. Everyone was killed except her father. He was critically injured. He's alive, and doing well now.

I want to be there to stand up for Mr. Christ's family and the motorcycle community. First off, $2,500 is not enough bond. $25,000 bail? Life is far more precious. Nevermind it was eight in the morning! I've been having nightmares since I found out about this. It makes me mad as hell. What can be done?

Let me correct a misunderstanding. There is no 10% bond in Wisconsin. The amount that is set is the amount that must be paid. Therefore, her $2,500 bond was set at $2,500 not $25,000.

As full disclosure let me also inform all that I am a criminal defense attorney in the State of Wisconsin. This is a very low bond for a homicide case. Two things go into setting bonds, First, is the person a flight risk (or more to the point will the person comply with the conditions of bond) and Second, protection of the public (a calculation which should take into consideration the severity of the offense). At this point I can indicate that I have not been able to find any prior criminal convictions for the defendant. I suspect that the reason for the low bond is because she has no prior record. If that is indeed the case that may be a basis for a lighter sentence. I don't know this lady, and I didn't know Dan Christ. But I've been haunted by the same thought since I saw the news report on Sunday. It could just have easily been me, my wife or a friend. I'm not out for this woman's blood... I want to see justice done. She knew the risks of drinking and driving and she decided to do it anyway. Now one of us is dead and she has to pay the piper. Light sentences are all too common in these types of cases where people kill motorcyclists. I browsed the AMA site and found a reference to a case where someone slammed into THREE motorcyclists killing them and received a... ready for this... $70.00 citation. Anyone remember Congressman Janklow? How easy will it be for a local judge, passing sentence on a local woman for killing a out of state motorcyclist to "take it easy" on her? Dan Christ's family doesn't vote in Dodge County so why should the DA or Judge be afraid to be lenient in sentencing this woman. That's why its important to make a showing of support for the Christ family and that is why I respectfully disagree with Sue or anyone else who just assumes that this person will automatically get what is comming to her. Those are my 2 cents, feel free to disagree.

BTW, I'll be at the Preliminary Hearing on August 2 at 1:30. I hope to see some of you there.

[MDCRUISER]

I am a law professor (George Mason Law School) who attended the rally (my longest bike trip ever -- 2500 miles total). I will be writing to the DA. If I lived closer I would attend the hearing, and thank you, Mr. Cabranes, for doing so.

Michael Krauss
'05 R1200RT

[tdomek]

The Motorcycle lobby is very strong and very LOUD in our state. I have confidence that the driver of that car will be given her day in court and will receive appropriate punishment.

+1

Let the courts do their job.

[beemerPhil]

Damn- what a sad footnote to an otherwise great week.
Sounds like they never had a chance- my condolences to the families and friends.

[goldeisen]

Balance is not an assumed risk.

Balance has many definitions that all require equilibrium.

The definition of balance is not a concept nor is balance a risk.

Motorcyclists need to be afforded the right to live and the right to die.
They wish freedom and fair usage of the highways and byways.
They wish to travel unimpeded with freedom of movement.
They wish to have insurance claims paid without lawsuit.
They wish protection from the bully pulpit of government under the guise of democracy.

The true issue of laws for and against motorcyclists is control of a perceived balance.

Many motorcyclists ride to live out a fantasy double life. For them, they have purchased the costume and accoutrements of a rebel or a tough guy sanitized in their attempts at living life to the fullest. For others, riding is a freedom of transport through the elements. Some others enjoy the use of skill necessary for survival and the challenges that are constantly changing. Still others enjoy the conspicuity of being a risk taker.

Taking risks and meeting the challenges are totally different than risky behavior.

Anti motorcycle and, anti-motorcyclist positions range from practicality of modality, myriads of protectionism of motorcyclists from themselves, to those issues of the environment. It has become fair game to blame the ills of society upon motorcyclists and motorcycles or the lack of them.

Viewpoints have stated that, ÔÇ£one major source of urban noise, that of motorcycles, is optional and totally unnecessary. In a seasonal climate, it is clear that motorcycles are not an integral part of our transportation system for they cannot be operated during our long winter. The owners of motorcycles have alternative means of transportation. The motorcycle is an optional vehicle for pleasure, not utility. It is a toy, albeit an expensive one.

Furthering the anti motorcycle viewpoint, they go on to say, ÔÇ£As pleasure vehicles, motorcycles tend to operate in groups and to concentrate in particular and limited traffic patterns. And, as pleasure vehicles, they are often operated in a manner that brings juvenile emotional satisfaction to their owners but distress to those who live nearby. The effect of all these behaviors is to saturate certain roadways of our city with high and excessive levels of noise.ÔÇØ

Many well-meaning citizens abhor the death of another for their own selfish gain.

They attach their own fears of death to the feelings and wishes of another.

Many Americans view the motorcyclist as ÔÇ£fair gameÔÇØ. They would prefer to not hear us, nor hear our pleas. They have also shown a preference for not seeing us. They have even recommended that we be put in harms way. ÔÇ£Some cities have adopted technical monitoring as a check on such behavior. Others have restricted access to those areas where the uncaring motorcyclists have destroyed the quality of life for local residents, in effect distributing the noise pollution throughout the city at large. Because of the difficulty and cost of monitoring motorcycle noise, I urge that we adopt a policy to limit the use of parkways by motorcyclists ÔÇö as we have for trucks ÔÇö and thereby distribute their noise over a larger area.ÔÇØ

The minority of motorcyclists is easy to pick on. The protections afforded by leather and helmets do not help us against prejudicial laws currently in existence or the ones yet to be introduced.

The protective gear additionally fails us within the court system.

The protective gear allows all to profile our ÔÇ£typeÔÇØ and predict our behaviors.

We as motorcyclists try to demand an equal access (balance) to all these things and we are stigmatized by our own public dress and behaviors.

Motorcyclists are portrayed constantly as irresponsible risk takers because of balance.

Motorcyclists constantly fight for balance in laws and in life.

The assumed risk, of wanting balance in life, wastes life and money needlessly when we assume the position of victim.

As motorcyclists, it is the razor's edge that draws us. The feeling of perfectly managing all those influences that result in what can only be described as the closest feeling to flying that can be experienced upon solid ground. When you're riding on the razor's edge, it's the joy of feeling (and being in control of) personal perfection that is so seductive.

This joy of feeling has now drawn many of us into politics and legislation to defend our sense of control and balance in our personal and societal lives.

An amalgam of people ride powered two and three wheeled vehicles. Many choose to be law abiding and others choose to be lawless in varying degrees.

Unless we choose to balance ourselves and unify within a framework of some common ground, we will always be victims of choice rather than have freedom of choice.

[JCABRANES]

+1

Let the courts do their job.

Not my style. If we sit back and do nothing and there is an unfair result then what? Better to be proactive if for no other reason than if there is an unfair result you are not left saying, I should have done something.

[Madhatter]

Not my style. If we sit back and do nothing and there is an unfair result then what? Better to be proactive if for no other reason than if there is an unfair result you are not left saying, I should have done something.

I would have to agree. "Let the courts do their job" assumes an active court. I don't percieve this to be the case. Rather, the courts appear to be passive and dependent on dynamic prosecution and defense to provide "balance." Thus it is the active and sustained effort of the parties in dispute that drive the court, not the other way around. To a certain degree this provides populist input to be countered by the more static judiciary. Nope, ya gotta get out a make sure the DA--your agent in this case--is aware that this is an important issue to you. Assuming that you feel drinking and driving and killing people is an important issue.

No legal action can restore Mr. Christ to his family, but if a precedence can be set for aggressive prosecution and stiff penalties, well, maybe the message will be sent that drinking and driving and homicide are no longer tolerable. If a $70.00 citation is the total penalty, should we expect the defendant in this case to change? Or anybody for that matter?