Robert Franklin Keefer’s Answers

Robert Franklin Keefer

Harrisonburg Speeding / Traffic Ticket Lawyer.

Contributor Level 8
  1. Is Speeding a NHTSA clue of impaired driving?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    2. Peter Francis Iocona
    2 lawyer answers

    Speeding is NOT a clue or cue of impaired driving. The speed limits are set to allow safe handling by an average driver. NHTSA recognized that most impaired drivers drive slower not faster. Speeding without an signs of impairment is evidence that the driver is not impaired.

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  2. Does Virginia's new evidentiary breath tester have the ability to discern between Diabetics and Drunks?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    2. Timothy Kevin Wilson
    3. Paul McGlone
    3 lawyer answers

    NO. Diabetics produce isopropanol in certain stages of the disease. The EC/IR II thinks this isopropranol is ethanol (drinking alcohol) and scores it accordingly. This limitation of Virginia's new breath box results in false arrests and convictions of diabetics who the gizmo falsely identifies as drunks. Given the fact that one out of seven drivers is diabetic this limitation can have serious and far reaching consequences. After all, an illness is not a crime. The manufacturer...

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  3. How fast can I go in a 65mph zone in Virginia before it is reckless driving by speed?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    2. Paul McGlone
    3. Brian Daniel Geno
    3 lawyer answers

    In a 65mph zone in Virginia, you are commiting reckless driving by speed at 81mph or faster.

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  4. Can the preliminary breath tester be used in Virginia to establish probable cause to arrest?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    2. Timothy Kevin Wilson
    3. Brian Daniel Geno
    4. David Hamlin Madden
    4 lawyer answers

    Absolutely! If you blow into the hand held breath tester, also called the preliminary breath tester, and it shows positive for any alcohol that is probable cause to arrest for DUI in Virginia. The Officer can then use that result in any hearing to determine whether there was probable cause to arrest. It can and will be used against you if needed. The Officers and Prosecutors also use that information in evaluating your case. Blow into the PBT and go to jail in Virginia.

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  5. If I have been stopped for possible DUI should I do the field tests?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    2. Timothy Kevin Wilson
    3. David Hamlin Madden
    4. Jessica Ruth Towne
    5 lawyer answers

    You should always refuse the field tests. "I do not consent to these tests." Most sober people fail these tests. I have seen a number of people who had no drugs or alcohol in their systems who "failed" these tests. The field tests are designed to fail you. While the scientific validation studies were all about proving blood alcohol content (BAC) not impairment, the tests are used to show impairment. Standing on one leg, walking heel to toe, counting backwards, touching your nose,...

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  6. Should I blow into the hand held preliminary breath tester in Virginia?

    Answered about 5 years ago.

    1. Robert Franklin Keefer
    2. Brian Daniel Geno
    3. Edward Jerome Blum
    3 lawyer answers

    You should never blow into the hand held breath tester in Virginia. These gadgets are notoriously unreliable and can be adjusted upwards by merely turning a screw on the side of the device. In Virginia if you blow positive for alcohol that established probable cause to arrest you for DWI/DUI. Despite what the officer may say, it can and will be used against you in Court to establish probable cause to arrest. The officer will tell the Judge that he gave it to you which implicitly says...

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  7. DUI probation under Virginia law, violation, underage possession, penalty

    Answered almost 5 years ago.

    1. Timothy Kevin Wilson
    2. Robert Franklin Keefer
    3. Anthony John Colleluori
    3 lawyer answers

    The underage possession charge will be considered a violation of your probation for the DUI. The Court could very well have you serve some or all of that suspended time. You definitely need to hire an attorney to represent you on the underage possession charge. You also have an obligation to inform your VASAP case manager of the new charge.

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  8. Does radio frequency interference or electromagnetic interference affect Virginia's EC/IR II?

    Answered almost 5 years ago.

    1. Robert Franklin Keefer
    1 lawyer answer

    The EC/IR II is advertised as not being affected by RFI or EMI. Unfortunately, that is not correct. While the Fuel Cell (EC) component is somewhat shielded, the Infrared (IR) component is not shielded at all. Persons who have tested the device for susceptibility to RFI and EMI admit that the results can be changed by the presence of electrical and radio waves. In Virginia these devices are kept at jails, police stations and sheriff's departments. They are in close proximity to the...

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  9. What is the difference between the Intoxilyzer 5000 and the EC/IRII?

    Answered almost 5 years ago.

    1. Timothy Kevin Wilson
    2. Brian Daniel Geno
    3. Robert Franklin Keefer
    3 lawyer answers

    The Intoxilyzer 5000 (I5000) relied upon infrared (IR) to determine the breath alcohol content. The EC/IR II relies upon a fuel cell (EC) to determine breath alcohol. Virginia has completely replaced the I5000s with the new devices this year. The I5000s should have been replaced at least five years earlier. The reliability of the I5000 was hampered by lack of proper replacement parts and the use of Chinese knockoff parts in their place. One I5000 recorded a breath alcohol content of over 0....

  10. What is the new evidentiary breath machine that Virginia chose and how is it different from the previous device?

    Answered almost 5 years ago.

    1. Timothy Kevin Wilson
    2. Robert Franklin Keefer
    2 lawyer answers

    In April, 2008, Virginia chose to go with the cheapest breath box available, the EC/IR II. The EC/IR II was originally intended to perform two tests on the breath sample to determine the BAC. The two tests would be electro-chemical (EC) and infrared (IR). The manufacturer could never get the two tests to agree so it turned off the IR for BAC testing purposes. The EC/IR II uses the EC or fuel cell to quantify the BAC. The fuel cell is specific to alcohols, not just ethanol. The old...

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