Chicago DUI lawyer comments on Chicago Police Superintendent's statement

Yesterday Chicago Police Superintendent Jody Weis issued a statement regarding the tragic death of a child based on an alleged Chicago DUI by an off-duty Chicago Police Officer.  I believe changes will be made to Chicago Police DUI policy, internal to incidents involving Chicago Police Officers (not private citizens), based on this particular event as well as the other alleged fatal Chicago DUI by a different Chicago Police Officer last month.  Unfortunately, despite Superintendent Weis' desire to have those changes made with all due speed committee work takes time.  I certainly suspect that those organizations that represent Chicago Police Officers will not want to see their members held to a different, and probably more stringent, standard than any other citizen charged with a Chicago DUI. 

While the investigation into Chicago Police Officer Bolling's recent DUI fatality is pending, the media seems to suggest there was favoritism.  Specifically, the delay in Officer Bolling's submission to a breathalyzer test and his bond hearing being held earlier than the media and the child's family had anticipated.  I have already commented here, that I do not believe that  breathalyzer test delay is uncommon.  In fact, had he been a private citizen, instead of a Chicago Police Officer, I believe any competent Chicago DUI defense attorney would have told him to refuse all testing.  This would have meant that the results of any testing would have been far more likely not to occur until closer to the twelve hour maximum permitted by law when there is a death or serious personal injury and the person charged is under arrest.  As Superintendent Weis said last month:

April 15, Chicago, Il

"The residents of Chicago rightfully expect the police to protect them from drunk drivers, not to become part of the problem," Weis said in the e-mail. "While they are held to a higher standard, police officers are human beings, too, susceptible to the pressures of life and the job, and are not always perfect. When this occurs, it is our responsibility to take appropriate measures to address the problem."

There is a tension between holding the Chicago Police to a higher standard and recognizing their susceptibility to the stresses related to their profession.