In a prior blog entry, we followed the arrest of Lake County Chief Judge David Hall for driving under the influence and resisting arrest following an incident on Illinois Highway 60 on April 26th. At the time of this arrest, Hall refused to submit to field sobriety or breathalyzer tests. Hall had entered a plea of not guilty and asserted that arresting Vernon Hills officer Jesse Goldsmith used pepper spray on Hall without provocation, while Hall was seated in his vehicle. According to Goldsmith’s report, he used pepper spray on Hall after Hall refused to exit the vehicle.
Hall had hoped to demonstrate at a pre-trial hearing that Goldsmith lacked probable cause to stop his car. However, presiding Judge Keith Brown of Kane County ruled that Goldsmith’s traffic stop was justified. Judge Brown determined that Goldsmith’s report that Hall swerved and crossed the center line several times sufficiently established probable cause. Hall also hoped to establish that Goldsmith did not have the jurisdiction to arrest Hall. Judge Brown also rejected this argument. He found that Goldsmith first observed Hall’s alleged erratic driving within the village limits of Vernon Hills.
Following Judge Brown’s rulings, the Judge set Hall’s case for a trial date of November 10th, according to the Chicago Tribune. The sufficiency of the evidence available to the prosecution to obtain a conviction is unclear because Goldsmith passed away on June 2nd from a heart attack. Typically, the arresting officer will be called to testify to the circumstances leading to the arrest and any information contained in the officer’s reports. A second arresting officer, Mark Sosnoski, maybe available to testify. However, according to news reports, Sosnoski arrived at the scene after Hall had been stopped. As a result, it is unclear whether Sosnoski observations will be sufficient to obtain a conviction.
In Other News: Efforts in Lake County and Kane County to Remove DUI Offenders from the Road
As reported by the Daily Herald, Lake County and Kane County initiated programs to contend with the increase in drinking over holiday weekends. Lake County over Labor Day weekend and Kane County over Memorial Day weekend, each instituted a policy applicable to DUI suspects who refuse to take a breathalyzer test. These individuals are then informed that a search warrant will be issued allowing for the suspect’s blood to be drawn. A refusal to submit to the blood test after the warrant has been issued could lead to contempt charges. The Daily Herald reports that failing the blood test after refusing the breath test could result in an individual’s license being revoked for at least a year.
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