Wednesday, March 3, 2010

Chicago DUI lawyer comments on evidence being kept out in judge's case


This Chicago DUI lawyer has posted here, here, and here on Judge David Hall’s DUI.

Now comes huge news that his Constitutional rights will be protected in a case that has come to symbolize the farcical nature of DUI prosecutions.

From dailyherald.com:

Evidence of Circuit Judge David Hall's blood-alcohol level at the time of his 2008 arrest for DUI will be barred from his trial, scheduled to begin next week.
Kane County Circuit Judge F. Keith Brown's ruling Monday that proper procedures were not followed in the testing of Hall's blood is the latest blow to the case against Hall.
In spite of the ruling, and the June 2008 death of arresting officer Jesse Goldsmith, prosecutors said they intend to forge ahead with the trial on Monday.
As indicated above, the arresting officer in Judge Hall’s case is dead. Yep, you got it, the government is going forward with its prosecution although Judge Hall’s Sixth Amendment right via the Confrontation Clause is not available.

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