“LOL” is a common acronym for laugh out loud on the internet. But Paula Asher uses this ‘lol’ on her Facebook page after being involved in a serious DUI crash wherein she was allegedly at fault and was charged with contempt of court. Woodford District Judge Mary Jane Phelps ordered her to delete her Facebook account after her comment but ignored the judge order and ended up two days in jail.
“My dumb – got a dui and I hit a car…lol”, was the statement that Asher wrote on her Facebook profile soon after the incident took place last July 20. Police say Asher drove drunk and t-boned another car that four teens were riding in and then left the scene of the accident. Her careless status update prompted the parents of the four teenagers to tell the court. And that is when, Judge Phelps ordered Asher to close her Facebook account, but she didn’t. Asher claims, “I really wasn’t trying to make fun of (the crash)” and didn’t think that ‘lol’ would put her in jail.
It is unclear in which law Phelps ordered Asher to stop using Facebook. But Asher will be back in court with Phelps again on September 27 to face the charges outlined on her Facebook post and other charges, including possession of a controlled substance.
Asher says she’s learned her lesson. “I apologize to everybody,” she said. “I apologize to the judge. I didn’t mean to hurt anybody.”
Why do I bring this up? It is not smart to make posts on Facebook, twitter or any social media forum when you are involved in litigation. I am looking for it. The insurance adjuster is looking for it. The defense attorney is looking for it. And if you post something really dumb the judge on your case will have o look at it. The best advice I can give you is don’t post anything and delete your account. I know that you won’t do that, so what is the next best thing? Don’t post anything your mother would be ashamed of. The posts will rarely ever help you.
Even something that you think is harmless could devalue your car crash case. Is your post worth the cash, or in this case the freedom, you could lose?