Sad News for Pure Stodge and MOA

[535IS]

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.

Unfortunately, I doubt that any of us can claim that the DodgeCounty D.A. should answer to us. We don't vote there. It may make some difference if the case becomes 'high profile'; otherwise, what's their motivation to accommodate a bunch of 'furriners'?

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.

Not real likely in a state that leads the nation in binge drinking - and is unapologetic about it. Look at yourselves, as well. Let's see a show of hands of those who made no remarks about hitting the beer hall before coming to the rally. Even if you don't drink and drive/ride, drinking is still viewed as a 'juvenile snickering' matter instead of the serious threat to society it is. And yeah; I had a couple Spotted Cows on Thursday. I'm no angel, but I am pragmatic.

If a $70.00 citation is the total penalty, should we expect the defendant in this case to change? Or anybody for that matter?

I cannot believe that you think (or that Cabranes allows you to think) that this is the only penalty for such actions. While it may be the only criminal penalty that is assessed, it is not what compensates a victim or a victim's family for the loss. That is up to the civil courts. It is there that Dan will be compared to the drunken liar that killed him (I don't care what a P.I. lawyer may suggest; a jury will compare them.) and where his family will have the opportunity to basically impoverish her for the rest of her life in an effort to compensate them for his loss. It does them no good (except for revenge) to have her imprisoned for 25 years, or even for one year. Arguably (and ironically), securing a felony conviction may be counterproductive for them, in making her less productively employable. It does do them some good to have her handing over 20% (at least in Wisconsin - other states' wage garnishment statutes may offer more or less) of whatever she earns for the rest of her life. She'll never manage to own anything of significant value until they are paid off. If she marries (or is married) in Wisconsin, half of her husband's assets may be exposed in this community property state.

Don't even bother to suggest a bankruptcy. Since I quit doing criminal defense, that's what I do. And this is a nondischargeable debt.

[TED]

While that is a great argument (for her) I must say it is truly frightening for me as a rider. To so easily write off the criminal aspect ignores all those against whom a large judgment means nothing.

There is a reason she faces both criminal and civil liability.

(And in the interests of disclosure I am a licensed attorney, as well as the victim of a hit and run that left me in the hospital for five months and severely limited my ability to do something that for much of my life meant a great deal to me - ride a motorcycle.)

[JCABRANES]

Unfortunately, I doubt that any of us can claim that the DodgeCounty D.A. should answer to us. We don't vote there. It may make some difference if the case becomes 'high profile'; otherwise, what's their motivation to accommodate a bunch of 'furriners'?

Not real likely in a state that leads the nation in binge drinking - and is unapologetic about it. Look at yourselves, as well. Let's see a show of hands of those who made no remarks about hitting the beer hall before coming to the rally. Even if you don't drink and drive/ride, drinking is still viewed as a 'juvenile snickering' matter instead of the serious threat to society it is. And yeah; I had a couple Spotted Cows on Thursday. I'm no angel, but I am pragmatic.

I cannot believe that you think (or that Cabranes allows you to think) that this is the only penalty for such actions. While it may be the only criminal penalty that is assessed, it is not what compensates a victim or a victim's family for the loss. That is up to the civil courts. It is there that Dan will be compared to the drunken liar that killed him (I don't care what a P.I. lawyer may suggest; a jury will compare them.) and where his family will have the opportunity to basically impoverish her for the rest of her life in an effort to compensate them for his loss. It does them no good (except for revenge) to have her imprisoned for 25 years, or even for one year. Arguably (and ironically), securing a felony conviction may be counterproductive for them, in making her less productively employable. It does do them some good to have her handing over 20% (at least in Wisconsin - other states' wage garnishment statutes may offer more or less) of whatever she earns for the rest of her life. She'll never manage to own anything of significant value until they are paid off. If she marries (or is married) in Wisconsin, half of her husband's assets may be exposed in this community property state.

Don't even bother to suggest a bankruptcy. Since I quit doing criminal defense, that's what I do. And this is a nondischargeable debt.

To be clear I do think public scrutiny by its very nature has an effect on these kinds of cases. Neither the Judge nor the DA will want to be perceived as soft. You have not seen any post of mine where I say that she can expect a $70 forfeiture. That was an example I used off the AMA site of a person (who I do not believe was drunk) who took out 3 motorcyclists and was issued a traffic citation. Point being that when a motorcyclist is involved the penalties don't always correspond to the damage done.

I'm sure you don't mean what its sounds like you are saying when you wrote that she can be punished monetarily and that a prison sentence or jail is just revenge and counterproductive. If you did mean it the way it sounded it is people like you that make this fight all the more worthwhile. She KILLED a man, she shouldn't be allowed to buy her way out. Because of her a mother and father don't have a son. Because of her his wife won't have her companion, her best friend, her lover. Because of her his children won't have their father present at their graduation, their wedding. Because of her Dan Christ's grandchildren will never know him. Society expects that people who break the law will face punishment and society expects that if you KILL someone that the punishment be severe. Justice isn't always about the money you can take from the criminal.

Frankly, it is the attitude that you appear to espouse that makes it necessary to take the kind of action I have been advocating. Feel free to tell me how wrong I am.

[Mar]

What if this woman had used a gun to kill Dan? Would she be out on bail? Would she potentially get a slap on the hand from the courts? Probably not. But it's the same thing... she killed a man. She used a car instead of a gun. The consequences should be the same but in this country they frequently aren't. It seems that killing someone with a car because you've been drinking is not as serious as taking a gun and killing them. In my book it's the same. She made a conscious decision to drink and drive. She is as responsible as if she'd used a gun.

[PMGbmw]

Daniel David Christ, 40 of Iowa City, Iowa died Sunday July 15, 2007 of injuries received in a motorcycle accident near Hartford, Wisconsin. Funeral Services will be held at 10:00 A.M. on Saturday, July 21, 2007 at Zion Lutheran Church, 310 N. Johnson, Iowa City. Visitation will be from 5-8 P.M. Friday, July 20 at Lensing Funeral Home, 605 Kirkwood Ave, Iowa City and at Zion Lutheran Church before the funeral. Memorials may be designated to the Zion Lutheran Church music program or Habitat for Humanity.

Daniel was born on March 30, 1967 in Iowa City, to David and Ruth (Moe) Christ. He graduated from West High School in 1985 and then from St. Olaf College in 1989. Daniel married Christine Stockard on June 3, 1989 at Zion Lutheran Church. He worked at Target in building maintenance for the last 10 years, and prior to that at Bachman's nursery in Lakeville, MN.

Daniel was a member of the Iowa City Community String Orchestra, Zion Lutheran Choir and was President of Pure Stodge Touring Association, BMW Motorcycle Club #30.

Daniel is survived by his wife Chris and son Jeffery of Iowa City, his parents David and Ruth of Iowa City, grandmother Helen Moe of Iowa City, brother Aaron of Anchorage, AK, sister Rachel (Sigurd) Steffensen of Kabelvaag, Norway and mother-in-law Mary Stockard of Crosslake, MN.

Daniel was preceded in death by his grandfathers and a grandmother.

On-line condolences may be directed to www.lensingfuneral.com.

[iRene]

Got a nice reply to my e-mail to the DA.
I imagine he'll be up all night replying to BMWMOA members.
And I'll be following up as the case progresses.

[JCABRANES]

Got a nice reply to my e-mail to the DA.
I imagine he'll be up all night replying to BMWMOA members.
And I'll be following up as the case progresses.

Please share!!! BTW, he's answering more than BMWMOA members mail. The AMA, ABATE, some Goldwing clubs, HOG Chapters and other M/C related sites have been responding. This isn't just a brand issue this is an M/C community issue and we are all coming together to send our message. Don't take your eye off the ball until this is over.

Jack

[shoeman]

There are two tradgedy's here. Far and away the first and largest , of course, is the death of an innocent at the hands of an uncaring person. Second, and more personal to me, is the loss of one of motorcycling's greatest attractions to me. That attraction is to get on my bike and ride and lose myself in my thoughts. Certainly paying attention to the ride, but enjoying the solitude. The reminder that there are selfish, uncaring people on the road that choose to usurp your right for an enjoyable ride for their right to act in a cavalier and thoughtless way. Driving drunk (or drunk and tired) is a conscious decision. We live in a world where we are expected to look the other way when people make consciously bad decisions.

[merrittgene]

Here is the reply I received:

Thank you for your comments. I have been preaching for years that drinking and driving is a very dangerous activity that kills people here in Dodge County. My office has put dozens of people in prison for drinking and driving related cases.
As for the bail, under Wisconsin Statute Sec. 969.01, if cash bail is imposed at all, it shall be only in the amount found necessary to assure the appearance of the defendant. Conditions of release, other than monetary conditions, may be imposed for the purpose of protecting members of the community from serious bodily harm. Bail is not designed to punish the defendant. Punishment occurs after a person is found guilty, either by pleading guilty or after a jury trial. In this case, the defendant was from the area and has no prior criminal or traffic record. The State has no evidence to indicate that the defendant is a risk for not appearing in court. The defendant was granted a $2,500.00 cash bail (Wisconsin requires posting the entire amount) with the terms that she maintain absolute sobriety, and not operate a motor vehicle.
I can assure you that we take these cases very seriously. The case will be handled professionally and appropriately. This defendant will first be treated fairly, but if found to be guilty, then firmly by my office.

Steven G. Bauer
District Attorney
Dodge County
Bauer.Steve@mail.da.state.wi.us

Dodge County Justice Facility
3rd Floor
210 W. Center Street
Juneau, WI 53039
(920)386-3610
Fax: (920)386-3623

www.co.dodge.wi.us/da

[iRene]

Here is the reply I received:

Yeppers, that's the reply I got.

[JCABRANES]

Everything Mr. Bauer says about the purpose of bond is absolutely true. Yet, the bond is only $2,500.00. If she's such a good risk why not a signature bond. The fact is that protection of the community and the seriousness of the offense does factor into the setting of the bond. Seems to me the charge is sufficiently serious to warrant a larger bond. In 11+ years of practice I've routinely seen larger bonds for less serious charges. Having said that I recognize that the District Attorney does not set bond, that is the province of the Court. Keep your eyes on the ball, I'll see some of you August 2nd.

[JCABRANES]

I did a quick internet search just to satisfy myself that my experience in dealing with bonds in these types of cases isn't out of the ordinary. By that I mean that I've gotten all worked up over potentially nothing. Here is what I found, and please remember that all cases are different and each defendant is different.

I found 8 OWI/Homicide cases in Wisconsin between 99 and 07. Unfortunately there have been many more than that but without the name of the defendant I had to do a news search and this is what I came up with. Feel free to add to this list:

1) State v. Arthur E. Messick, 99CF485 Waukesha County, $300,000 cash

2) State v. Kevin Rutkowski, 03CF330 Marathon County, $50,000 cash

3) State v. Terry Ketzien, 06CF697 Milwaukee County, $150,000 cash

4) State v. Jeffrey Habenicht, 06CF199 Oneida County, $50,000 cash

5) State v. Jerrod O'Brien, 06CF905 Rock County, $90,000 signature

6) State v. Isabel Zapien-Montoia, 06CF3076 Rock County, $3,000 cash
NOTE: $3k Cash even after she failed to appear for her initial appearance.

7) State v. Arthur Kuhnke, 07CF13 Walworth County, $10,000 cash

8) State v. Steven Warrichaiet, 07CF678 Brown County $100,000 cash

Please feel free to add to this list. I'd be interested to see any bond lower than the $2,500 granted to the defendant in this case. Interestingly, the bonds that come closest are both out of Rock County, Wisconsin. One didn't have to post any cash the other posted only $3,000 cash EVEN after she apparently failed to appear once. You have to wonder what is happening in Rock County.

So that's my answer to Mr. Bauer. He can put any spin he wants on this but the bond is low. I'll see some of you on August 2nd

[joelaw]

My deepest sympathy to Dan's immediate family and extended family in the MOA.

The loss of any life is sad, but in this case at the hands of an intoxicated driver makes it even more so.

Hopefully the DA will prosecute the driver to the fullest extent of the laws of WI. If she does receive a lengthy prison sentence, which it appears she should be awarded, she will not be in a position to repeat her actions for years to come. In addition she will a great deal of time to think about her actions.

I really find it hard to believe that 535is believes removing her from society for some number of years will have a negative effect on society. At least when she returns to society she will have the opportunity to be productive, if she so chooses. Dan will never have that opportunity.

I believe anyone arrested for driving while intoxicated, or under the influence of anything, should be prosecuted to the fulllest extent of the law and awarded the maximum sentence provided. This should certainly apply when a death is involved.

I have nothing against resposibly enjoying alcoholic beverages. I do not drink, but have made my self available many time to be the designated driver. Sure have gotten a lot of free non-alcoholic beverages over years. I have had some really great times and did suffer a hang over.

[donkes]

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.

WHAT IN THE WORLD DOES ANY OF THIS DIATRIBE HAVE TO DO W DRIVING WHILE INTOXICATED?

[donkes]

Will people pls stop saying how sad this is and instead take action by even e-mailing Bauer a one sentence line of protest.
Thanks

send to: Bauer.Steve@mail.da.state.wi.us