This Chicago DUI lawyer has posted here and here about breath tests.

Today there is news that there is a way to workaround the numbers.

May 30, 2018, Victoria, AU 

Mr Barrett said the audit found a suspicious number of breath tests were being conducted in quick succession.Normally, there should be some space of time between each test to take into account an officer on the road talking to a driver and breathalysing them, before moving on to the next car.But the faked tests were occurring one after the other.This suggests two things: an officer is either placing a finger over the straw entry hole or they were blowing into the straw themselves.Force command don’t yet know why some members were doing this, but it could be laziness, pressure to meet quotas of road tests or a combination of the two.“The question we all asked was why? There could be a number of reasons but the main rationale I believe is to hide or highlight productivity. Whatever reason our workforce may come up with, it isn’t acceptable,” Mr Barrett said.

We must remain vigilant in challenging these tests and those who would provide them.

Chicago DUI Law Blog: Chicago DUI lawyer comments on Tiger Woods' no-alcohol-DUI

This Chicago DUI attorney is not alone in experiencing déjà vu.

Mr. Woods was arrested over the holiday weekend. This time, it appears he is being charged with DUI.

I spoke to my mum today about these issues. Yes. You can be charged AND found guilty of a DUI on prescription medications in most states.

I previously discussed some of these issues as they relate to Woods some time ago.

Chicago DUI Law Blog: Chicago DUI lawyer comments on Tiger Woods' non-DUI

Chicago DUI Attorney Comments on License Suspensions for DUI Arrests

This Chicago DUI attorney has posted here and here about having your driving privileges taken away before you ever have your first day in court. 

From the Chicago Tribune:

Bureaucratic mix-ups have let thousands of drunken drivers avoid mandatory license suspensions and stay on the roads, a Tribune investigation has found. 

 A Tribune review of state data found case after case across the Chicago area in which the arrest of these drivers—some with repeat DUIs—are not being logged into the state computers to ensure their licenses are suspended.  The failures come in a process that still relies on police filling out forms by hand and mailing them to the state, a process rife with human error that frustrates anti-DUI advocates. “There are so many ways for things to get lost,” said Cathy Stanley, with Alliance Against Intoxicated Motorists.  “Nothing is instantaneously done or efficiently done like it should be.”

 The process leaves a host of ways arrests can fall through the cracks.  Police may not mail the proper forms.  The forms could get lost in the mail, or in state offices.  An officer’s handwriting might be too hard to read and be sent back for fixes.  The secretary of state’s office told the Tribune it tries to work with police but it’s impossible to know how many reports aren’t sent.

There is just one major problem with these concerns and that is a failure to provide the accused with Due Process.  It does not cease to amaze me that on the one hand we don’t want the government listening to our conversations, and yet on the other hand we do want the government to decide whether you get to have a judge decide whether you are entitled to drive when you are accused of a DUI or whether we want to trust law enforcement to make that decision for you.   It remains my contention that if we genuinely wish to have law enforcement make those decisions for us, then lets just scuttle the entire court system.  After all, everybody knows that when law enforcement makes a decision they are infallible right?

Chicago DUI Lawyer's Thoughts on Martin Luther King's Holiday

My Dear Friends,

I have already posted my thoughts over at Chicago Criminal Law Blog on this subject.  There is always something you can do today.-- Pax

Continue reading over at Chicago Criminal Law Blog

Chicago DUI Attorney Reminds You To Vote

Tomorrow is election day.  And like many people, I am busy.  My husband is busy.  We have to work.  I have to pack after work for a flight for a memorial service.  But we voted already.  We prefer to vote early so that nothing gets in the way on election day.

This year, we decided to vote by mail/absentee ballot.  If you do not already have a mail/absentee ballot you are not able to do so for tomorrow's election.  And please note, your ballot must be "postmarked before Election Day and received no later than 14 days after Election Day in order to be counted."  So that means your ballot must be postmarked no later than today ( this is for Chicago registered voters).  Otherwise you, or your authorized agent, can hand deliver it to the Board of Elections no later than 7 pm on Election Day.  Your ballot cannot be turned in at an Early Voting Site, nor can it be turned in at your actual Polling Place to be counted.

But why is voting important? In Cook County over seventy judges are on the ballot, many to be retained.  This is your chance to give voice to what you think is important.  And yes there are guides from an array of Bar Associations who are recommending, and in some cases not recommending which judges you should vote for and which judges should be retained  That said, it is a small, and important act for you to do your own research.  Some of the judges have been featured in the news for their own legal woes.  Some have been featured in the news for how they treat citizens who come to court to watch proceedings.  Still others have been featured for their actual rulings.  

You have the power of the Internet.  Yes.  Please take your guide on the judges, but go ahead and check the names for decisions they've made and to learn a bit more about them.

There are also, in the City of Chicago, referendums on the ballot.  One is about universal background checks for the purchase of guns.  Another is about medical cannabis dispensaries and whether local municipalities should decide where they are located.  There are even referendums about insurance companies paying for prescription birth control methods and increasing the minimum wage.  Finally, there is also a bill that would expand the rights of victims in court proceedings.  All of these are important.  You can take a bit of time before you vote and harness the Internet for more than sports scores or what happened on the Kardashians, you can research every candidate. You can research every referendum.  You may very well be like me and surprise yourself with your choices.

GOTV!

Chicago DUI Attorney Comments on DUIs Without Alcohol Consumption

This Chicago DUI attorney regularly gets told that you can't be charged with a DUI because no alcohol was consumed.  I've posted here, here, and here that this is not true.  Still it is clear that people really think you can't get charged with a DUI because there was no alcohol, perhaps there was marijuana, or another substance, but not alcohol.

Unfortunately, sometimes people find out the hard way that yes, you can be charged with a DUI when there was no alcohol consumed.  And yes, you can be found guilty of a DUI when there was no alcohol consumed.

From the Chicago Tribune Today:

With less than a month to go until her trial date, the Highland Park teen accused of huffing chemicals and getting into a crash that killed a 5-year-old girl has not reached a plea agreement with the state, according to the Lake County State's Attorney office.

In Illinois you can be charged with a Driving Under the Influence(DUI) charge for being impaired based on the consumption of alcohol, regardless of whether you submit to a breath test or not.

You can also be charged with Driving Under the Influence of marijuana, other illicit substances, prescription drugs, or a combination of any of the aforementioned with alcohol.

It happens every day.

Chicago DUI Lawyer Knows It Is Cold Outside, But The Courts Are Open

This Chicago DUI lawyer knows today is one to stay inside.  The windchill levels could make today, and the rest of the week, the lowest recorded temperatures on record for the city of Chicago.  How low you ask?  Schools are closed in the City of Chicago.   Public transportation is delayed.  Non-essential, excluding court personnel, County Services are closed.  Cook County Department of Corrections inmates will not have jail visits prior to Wednesday of this week. Additionally,  if an inmate is slated for release but lacks transportation and/or shelter, the inmate can choose to remain in custody.  But the courts are open.  Inmates will not be transported to any courthouse in Cook County today, except for Leighton, also known as 26th and California.  And yes, that courthouse is literally a couple of doors down from the residence of Cook County Inmates.

Now what happens if you have court today and can't appear?  If it is a civil matter, call the courthouse and get connected to your judge's clerk.  Some judges are automatically giving status dates.

If you have a criminal matter, this includes misdemeanor courts and traffic courts where there is the possibility of jail as a sentence, you should also call the courthouse, but I've been informed that no warrants will be issued for the accused if she or he is absent today.

I will update as I get additional information.

The most important thing you can do today is stay safe.

Note:  This post also appears today on Chicago Criminal Law Blog.

Chicago DUI Attorney Wonders About the Effectiveness of Roadblocks

This Chicago DUI Attorney wants you to know that tomorrow night you do not want to start your weekend trapped in an invasive, and in some jurisdictions illegal, roadblock.  So I've already done the leg work for you and here are the details.

From The Chicago Police Department's Website:

The Chicago Police Department will conduct a Roadside Safety Check in the Calumet (5th) District at 11800 S. Halsted. The Roadside Safety Check will commence at 8:00 p.m. on Friday, September 27, 2013 and end at 4:00 a.m. on Saturday, September 28, 2013.

During roadside safety checks, police officers slow down traffic, stop cars at regular intervals and watch for drivers who show signs of alcohol impairment and other violations as noted below.

Somehow, I think the citizens of this great city would rather spend these personnel hours with "boots on the ground" by way of community policing to decrease the number of intentional violent crimes that continue to befall this great city.  

Chicago DUI Attorney Comments on Missouri v. McNeeley-- Needles, Blood, and DUIs

This Chicago DUI attorney has posted here, here, and here on blood draws in DUI arrests.  Earlier today, the Supreme Court of the United States(SCOTUS) issued it's opinion in Missouri v. McNeeley.

Justice Sotomayer wrote the opinion:

We hold that in drunk-driving investigations, the natu­ral dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.

The judgment of the Missouri Supreme Court is affirmed. 

It is so ordered. 

In this case, McNeeley refused to consent to a blood draw.  Law enforcement had his blood drawn, against his will, at a hospital and the results were almost twice the legal limit.  McNeeley was successful in barring the blood results from being entered by the trial judge.  The government appealed and the State Supreme Court of Missouri agreed with the trial judge.  Then the government asked that the case be heard by the U.S. Supreme Court and SCOTUS agreed.

That said, this ruling does not mean that there won't ever be a blood draw without a warrant.  Instead, careful consideration to the facts of the case are to be considered prior to drawing blood without a warrant.  

But motorists’ diminished expectation of privacy does not diminish their privacy interest in preventing a government agent from piercing their skin. And though a blood test conducted in a medical setting by trained personnel is less intrusive than other bodily invasions, this Court has never retreated from its recognition that any compelled intrusion into the human body implicates significant, constitutionally protected privacy interests. Finally, the government’s general interest in combating drunk driving does not justify departing from the warrant requirement without showing exigent circumstances that make securing a warrant impractical in a particular case.

This case now puts the government on notice that the default will be to obtain a warrant prior to drawing blood and if that does not occur, the government better be prepared to defend why it was not able to obtain a warrant prior to the blood draw.

Chicago DUI Attorney Comments on Police Lying About DUI Arrests

It is one simple question, why would the police lie about a DUI?

This Chicago DUI attorney hears this all the time when ever she is in a trial or pretrial motion from the government.  She thinks it's a really, really good question.  Unfortunately, her answer is unlikable. It is also simple. The answer is, because they can.

This Chicago DUI attorney has posted here, here, and here about police officers not telling the truth in DUI arrests.

Now comes word of a federal indictment against a former police commander accused of lying about DUI arrest records.  Why did he do it you ask?  It was for the money.  The money was your tax paying dollars given to his department by the federal government.

From the Chicago Tribune:

Timothy Veit, 55, of Mount Prospect, is alleged to have “knowingly and intentionally inflated” the number of DUI arrests made under a federally funded grant designed to curb drunk driving and seat belt violations, according to charges from the U.S. Attorney for the Northern District of Illinois.


Federal authorities said the grant required submitting a form listing the number of DUI arrests made by police and the blood-alcohol content of the person arrested. Authorities said the department was then reimbursed for officer overtime pay, mileage and equipment.

From 2009 to 2012, Veit allegedly falsely inflated DUI arrest numbers by 122, and provided fake blood-alcohol content levels for those “fictitious” arrests, authorities said.

Authorities claim that Veit’s false reports meant the police department “fraudulently obtained” $132,893 in federal grant money from Sustained Traffic Enforcement Program grants funded by the U.S. Department of Transportation’s National Highway Traffic Safety Administration.

What do you think about police officers receiving overtime pay for DUI arrests?

Chicago DUI Attorney Says, "Si Su Puede!" Driver's Licenses for The Undocumented Are Now Legal

This Chicago DUI attorney has posted here, here, here, and here about undocumented people driving in Illinois.  Yesterday, Governor Quinn signed into law a bill that will permit undocumented people to obtain valid driver’s licenses in Illinois.  This should be good news no matter your feelings on undocumented folks.  It was clear to me when I was a prosecutor and it is just as clear to me now as a defense attorney that undocumented people drive.  It makes far more sense to let them legally obtain licenses.  It means that when they purchase insurance, a requirement of the law that is not required for those that are documented in order to have a license, that insurance will honor claims filed on that policy.  The insurance company can no longer have a back way out of paying on the claim by cancelling the policy when a claim is made against it due to the policy holder lacking a valid driver’s license.  Something I’ve seen more times than I can count.

From the Chicago SunTimes: The signing of a bill Sunday allowing illegal immigrants to obtain driver’s licenses attracted dozens of potential motorists and a pack of top Illinois politicians, all eager to tout their role in legislation many see as a precursor to comprehensive immigration reform that could create a windfall of new citizens, and voters. Auto insurance is a requirement for drivers under the new Temporary Visitor’s Driver’s Licenses program, which also requires drivers to pass a vision exam, a written test and driving test, said Secretary of State Jesse White during the bill signing ceremony Sunday afternoon in the Little Village neighborhood.The licenses will be limited to driving purposes only, said White, who added they will not be accepted as valid identification for a host of other activities, such as boarding an airplane.Illinois is now the fourth and most populous state to give illegal immigrants permission to drive.

Now, let’s hope we can make our roads safer while our politicians move away from the feel good stories and get down to the tough business at land.

Chicago DUI Attorney Thinks Undocumented Immigrants Are Going to Get Driver's Licenses Soon

This Chicago DUI attorney has posted here , here,  and here about the inability of undocumented immigrants to drive legally (you can’t get a driver’s license in Illinois if you are undocumented).  Now, it looks like Springfield has come to its senses and soon, although it will still be a while, undocumented people will be able to obtain valid driver’s licenses in Illinois.

From the Chicago SunTimes:

It was kind of a homecoming for Illinois’ Senate president when he visited a Pilsen church Sunday to accept a thank you from its Latino congregation for pushing legislation to provide driver’s licenses to illegal immigrants.

Sen. John Cullerton’s family has been involved in Illinois politics since Edward F. Cullerton was a powerful alderman from 1871 to 1920.

The senator has received bi-partisan support for a bill that would allow illegal immigrants to get temporary licenses similar to those issued to foreign visitors who are here legally. By some estimates, 250,000 motorists in Illinois are here illegally.

Cullerton said he’s confident the Illinois House will pass the measure next month after a 41-14 vote in the Senate on Dec. 4.

“The state representatives see their senator voted for the bill,” Cullerton said. “It puts pressure on them and makes it easier for them to vote for the bill.”

Illinois Secretary of State Jesse White is taking a “neutral” position on the bill, according to a spokesman, but Cullerton praised him for helping draft the legislation.

“He said that it’s workable and he can implement it,” Cullerton said, adding, “There were only about 5,000 of these licenses issued last year. Now there could be a quarter of a million people applying for them.”

Some Republican legislators have said they’re strongly opposed to providing licenses to people breaking the law because they’re here without legal documents.

Setting aside the controversy, this is good news because the undocumented drive every day throughout this state.  Many pay insurance, maintain valid registration, and even submit to emissions testing on their vehicles doing everything else they could do to comply with the law.  The problem is some don’t know our rules of the roads because they’ve never had to study and take our driver’s license examination. What happens when an undocumented/unlicensed, and yet insured, immigrant is at fault for an accident? Do you think that insurance company is going to promptly pay out on that claim?

Even the staunchest opponents of this new law probably don’t want that unintended consequence to fall on licensed drivers throughout the state.

Chicago DUI Attorney Comments on the Pending Demise of Court Supervision

This Chicago DUI attorney wonders, and not in jest, how long it will be before judges are unnecessary.  She’s posted here, and here about the erosion of judicial discretion and it looks like that erosion may very well continue if you don’t write your legislators that you trust the judiciary to grant court supervision when, and where it’s appropriate.

 From the Southern.com:

A state traffic safety committee on Tuesday unanimously approved Illinois Secretary of State Jesse White’s proposal to make drivers involved in fatal collisions ineligible for court supervision.
Under current law, drivers involved in some fatal crashes may seek court supervision. White, the traffic safety committee’s chairman, pushed to end that practice.

One of the reasons I left prosecution was this very issue where citizens were charged in fatalities when they clearly were not at fault. This included the prosecution of a mother, when her child died in a an accident.  She wasn't drinking, she wasn't texting, it was just a horrible tragedy.  

It's time.  It's time to exercise your democracy and let your legislators know that you trust judges to grant court supervision in fatalities.  Sometimes, tragedy strikes and there isn't a need to heap punishment on top of the tragedy.

Chicago DUI Lawyer Comments on the Necessity of Slowing Down

This Chicago DUI Lawyer has commented here, here, and here on the criminalization of speeding.  I’m adamantly opposed to it.  I think it is a complete and utter waste of taxpayers time and of our precious and limited resources when it comes to prosecuting crimes throughout the state, but especially in the density of a major metropolis like Chicago.

Unfortunately, your state legislators often find these stories more compelling than a lot of the agenda items and Governor Quinn just signed another one.

From The Chicago Tribune:

Gov. Pat Quinn today signed four road safety measures into law including one that toughens penalties for extreme speeders and was inspired by a fatal car crash in southwest suburban Orland Park last summer.

Coined “Julie’s Law,” the legislation was written in response to a two-vehicle crash that killed  17-year-old Julie Gorczynski in June 2011 when a Mazda smashed into the passenger side of her friend’s Jeep. The 21-year-old Mazda driver, who had a history of speeding violations, was found to be traveling at least 76 mph in a 40 mph zone, police said.

The law, which takes effect July 1, 2013, bars judges from giving court supervision, a form of probation, to drivers found traveling more than 25 mph over the limit on a nonrural road or more than 30 mph on a highway. The previous law allowed the probation for drivers caught driving up to 40 mph over the limit.

I'm predicting that in the not-too-distant future driving 25 mph over the limit will result in a criminal charge.

Chicago DUI Lawyer Reminds You of Tonight's DUI Roadblock

This Chicago DUI attorney  wants you to know that even if you aren't drinking alcohol, you can be charged with Driving Under the Influence of Drugs, including marijuana. Tonight's roadside safety check starts at 8 pm.

From the Chicago Police Department:

The Chicago Police Department will conduct a DUI Strike Force Patrol in the Englewood(007th) District. The DUI Strike Force Patrol will commence at 8:00 p.m. on Saturday, July 28, 2012 and end at 4:00 a.m. on Sunday, July 29, 2012.  

 The purpose of this program is to saturate a pre-designated area with roving police officers that continually monitor vehicular traffic for signs of impaired driving.  Patrols also place emphasis on speed, alcohol-related and safety belt violations.  Police vehicles equipped for speed detection are deployed to apprehend speeding violators. 

You can also be charged with any other traffic infraction that can be discovered in these  roadblocks including driving without a license, or an expired license,  or a suspended, or revoked license.  Additionally, you, and your passengers (including those in the back seat) can be charged with failure to wear seat belts, and the driver can be charged with driving without insurance (even if the car is not yours).

It's a lot easier for you to avoid being charged in the first place than to have to hire an attorney.

Chicago DUI Attorney Comments on the Heavy Police Presence on the Roads this Holiday Weekend

Today marks the unofficial start to summer and with that start comes a need for many of us to hit the road. We head out for pic is, cookouts,and time at the Dunes, but keep in mind it is a holiday weekend and law enforcement will be out.

 This Chicago DUI attorney wants to alert you to buckle up, make sure you have a valid driver's license, insurance, and if you are driving avoid drinking. I know it goes without saying but it's not a good weekend to smoke weed either if you are going to be driving either.

 There are two roadside safety checks planned by the Chicago Police Department. There is one tonight at 5440 W Madison. It will commence at 8 pm and conclude around 4 am tomorrow morning. Additionally, there will also be another roadside safety check tomorrow night, May 26, 2012 somewhere in the Gresham (6th District) community. It will run during the same time period as the one now. Keep in mind, that even with these roadblocks there will also be saturation patrols throughout the duty.

Chicago DUI Attorney Comments on Sometimes It Isn’t What It Appears to Be

This Chicago DUI Attorney has posted here and here about the signs officers use to make a DUI arrest.  A strong practitioner can sing these signs the way a 3 year old can sing their ABC’s.  Almost every arrest includes the following:

• A strong odor of alcohol
• Eyes that are Bloodshot and/or glassy, and/or red
• Speech that is slurred, mumbled, thick- tongued, confused

And every time I have an officer testifying about these signs, I ask if there are any other reasons a person could possess those signs that has nothing to do with a DUI.  Most will be honest, although they may physically pout, and answer “yes”.

So what happens when the arresting officer shows up with those signs?  Today I asked an officer I knew what was wrong with her eyes. 

Me:                                      You know they (her eyes) are bloodshot and red don’t you?

Officer:                                 Ava, I’m exhausted I haven’t slept in almost 48 hours.

Me:                                      Have you been drinking?

Officer (caught by surprise):  Of course not!

All those signs of intoxication should be challenged, because the officer has often experienced those very same signs when they are not under the influence. 

Chicago DUI Attorney Comments on The Criminalization of Speeding

This Chicago DUI attorney has posted here, here, and here on speeding still she wonders how fast is too fast?

From the Chicago Tribune (and yes, yours truly is quoted in the article):

 Julie Gorczynski was getting a ride after her shift at a suburban movie theater when a Mazda smashed into the passenger's side of her friend's Jeep, rolling the vehicle and killing the 17-year-old.

Orland Park police determined the Mazda was going at least 76 mph in a 40 mph zone, officials said. Behind the wheel was Lukasz Marszalek, a 21-year-old who still had his driving privileges despite a string of speeding violations. Courts repeatedly, and in some cases improperly, granted him a special probation, called court supervision, that kept his driving record clean enough to keep his license, a Tribune analysis shows.

 The June 2011 crash has sparked new legislation intended to curb who can get court supervision, barring anyone who is caught speeding by more than 25 mph on a nonrural road, or 30 mph on a highway, from getting the special probation.

If passed, it will be the third law in six years to restrict who is allowed to get court supervision. A Tribune investigation shows those previous laws have had limited success, however. While judges in Cook and the collar counties have reduced by half the number of improper supervisions issued each year, they are still incorrectly granting thousands, at an average of eight a day.

The most popular sentence for traffic offenders, supervisions allow governments to collect fees for traffic violations and drivers to avoid traffic convictions that can lead to increased insurance rates and, in the extreme, license suspensions.

 Do you think 25 miles over the speed limit is too fast?

Chicago DUI Attorney Wonders What Happens When the Chief of Police Gets Charged With a DUI

What happens when the Chief of Police gets charged with a DUI?  This Chicago DUI attorney has posted here when prosecutors get charged and here and here when judges get charged, as well as here when rank-and-file police officers get charged.  No, I’m not kidding it really happened.

From Chicagotribune.com:

 The Grayslake police chief was charged with drunk driving after he and his wife were involved in a crash while returning from a restaurant just over the state line in Wisconsin, authorities say.

Matt McCutcheon was turning onto Route 45 in Silver Lake when he struck a car on the highway around 10 p.m. Friday, according to the police report. No one was injured in either car.

Responding officers said they found McCutcheon, 46, standing outside his black Honda when they arrived. He was swaying and almost lost his balance as he pulled out his wallet and showed his police badge, according to the police report.

McCutcheon refused treatment and said he was not going to the hospital. The officer told McCutcheon he needed to conduct a sobriety test but McCutcheon said he was refusing everything, according to the report.

Why do you think the Chief of Police refused everything?  He’s been on the Grayslake force for almost 20 years.  I suspect he knows a thing or two about how to help the government prosecute a DUI.

Chicago DUI Attorney Comments on Payment Plans for Parking Tickets

This Chicago DUI attorney has posted here  and here about parking ticket suspensions and she’s pleased that the City has finally come to its senses.  That’s right there’s an actual recognition that we have been in an economic slump for the last 4-5 years and as her mum would say, “you just can’t get blood from a turnip”.

From the Chicago Tribune:

The city hopes to collect an extra $2.5 million in back-debt on parking and red-light tickets by allowing lower initial payments when debt repayment plans are worked out.

Under the plan, proposed Wednesday by Mayor Rahm Emanuel, scofflaws will no longer have to pay 25 percent of what they owe upfront.

Instead, the amount owed would be spread over equal monthly payments that would go on for as long as a year.

To qualify, the scofflaws would have to already be qualified for one of several low-income programs.

For years I've had clients charged with the criminal offense of Driving While their License is Suspended based purely on economic reasons, including emissions and parking tickets, while the suspension based on emissions has gone away, the suspension based on unpaid tolls or parking tickets has not.  This really is a civil matter, and I certainly hope the legislators begin to consider lifting the suspension of driving privileges based on parking tickets soon.