Wednesday, July 29, 2009

Chicago DUI lawyer says this DUI prosecutor has words of wisdom since his own DUI was dismissed

Recently, this Chicago DUI lawyer posted about a DUI prosecutor facing DUI charges. Those charges against Solicitor Barney Geise have been dismissed in exchange for a guilty plea to minor traffic offenses.

A drunken driving charge against longtime 5th Circuit Solicitor Barney Giese has been dismissed, but he pleaded guilty Friday to two lesser offenses stemming from a June 29 traffic stop in Charleston.

In a prepared statement released Friday to The State newspaper, Giese, 53, said his Charleston attorney, Andy Savage, entered a guilty plea on his behalf to two traffic offenses that carry no jail time — improper turning and operating a vehicle the wrong way down a one-way street.

The car made an illegal left turn onto Meeting Street from North Market Street, then continued west the wrong way on Market Street, the report said.

He had a “strong odor of an alcoholic beverage,” flunked three of four field sobriety tests and refused to give a breath sample at the police department, according to the incident report. His license was automatically suspended under state law for refusing the breath test, the report said.

The main incident report references a supplemental report about the traffic stop, also requested by The State.

From WISTV.com

Attorney Dick Harpootlian has battled Giese in court and as solicitor himself, worked side by side with Giese.

Harpootlian says the video shows police were wrong.

"Innocent people occasionally get arrested. And in this case, an innocent guy got arrested. I think it's great. I think it will make him a better prosecutor because it re-emphasizes what he knew anyway and I've known as a solicitor and as a defense attorney. Sometimes -- I know this is shocking -- sometimes human beings called policemen make mistakes," said Harpootlian.

There is a video after his arrest here. During the video, back at the police station, Solicitor Geise says:

If I blow under .08 then you are still going to arrest me so how do I win by blowing, no offense. Either way, I am humiliated plus whatever. If I blow under .08 and you've arrested me it's over. You know, no offense to you. Do you know what I'm saying? Why blow if I'm going to be front page of the State. My family is embarrased. My wife is embarrased. What's the use of blowing, no offense?

Now there's a prosecutor who understands how a DUI charge works.


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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

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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