Thursday, July 30, 2009

Chicago DUI lawyer says sometimes the cops are out to get you

Unfortunately, this Chicago DUI lawyer is not shocked by a recent DUI conspiracy involving law enforcement. No, I don't believe this is how most law enforcement would react, but I can say I've had my own case where an officer was at fault for an accident and looked to blame my client. Fortunately in that case the charges against my client were dismissed. I've also had cases where I questioned the officer's truthfuless. That taint makes it difficult for other truthful law enforcement officers. And yes, I have had cases where officers were completely forthcoming with the facts and my clients were acquitted. Is it any wonder that defense attorneys are strong advocates for video before an arrest is made?

Public humiliation for Hollywood police continued Wednesday as state prosecutors dropped criminal charges against a driver some officers tried to blame for a rear-end crash that may have been their own fault.

As the four officers talked about what to do late one night last February, a video recorder in one of their cruisers captured their words.

After reviewing the video, Broward prosecutors opted Wednesday not to charge the female motorist because the recording had thrown the police version of events into question, state attorney's office spokesman Ron Ishoy said.

The 23-year-old Hollywood woman, who had been accused of drunk driving, could have gone to prison for close to three years had she been convicted as originally charged.

The allegations against the officers stem from a videotaped exchange among them that occurred after Officer Joel Francisco, 36, rear-ended a car late on the night of Feb. 17.

A dashboard camera in one of the patrol cars at the scene recorded what the officers said, including this remark by one of them: "We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway."

Officer Dewey Pressley, 42, wrote the report detailing the midnight crash in the 2800 block of Sheridan Street and recounting that "a large gray stray cat" that had been sitting on Alexandra Gabriela Torrensvilas' lap jumped out of her car window. That, the officer wrote in his report, caused her to veer into Francisco's lane, where she abruptly braked, and Francisco's car hit hers.

Torrensvilas was subsequently charged with four counts of drunken driving and cited for an improper lane change.

The case against her evaporated after the video recording and a transcript of the officers' remarks surfaced Tuesday. The same day, the Hollywood Police Department launched an internal investigation, and put Francisco, Pressley and the others involved at the Sheridan Street crash scene--- Sgt. Andrew Diaz, 39, and civilian community service officer Karim Thomas---on administrative duty.
Perhaps this latest episode will cause some prosecutors to understand why defense lawyers are sometimes both sceptical and wary. The realization that you can't always trust law enforcement to be truthful is disconcerting to say the least.

PS Thanks Sam

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

Post a Comment

Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973