Chicago DUI lawyer says be careful when shopping Big Brother is still ticketing

This Chicago DUI lawyer started the year posting about license plate scanning technology here. As I indicated there is an increasing erosion in privacy. It probably doesn't help that many local municipalities are hurting for money. Even as folks do their patriotic duty and shop to boost the local economy they are being watched.

August 12, Orland Park, IL

R on Suryk is hot. I mean steaming. Righteous indignation hardly begins to describe this guy.

Suryk, 57, is certain that he has been mistreated, insulted and that an injustice has been done to him that should outrage everyone in Illinois, maybe the entire country - but most importantly every person in Orland Park

"I'm from Bradley, and my wife and I were shopping in the Orland Square Mall over the weekend when your police department gave me a $50 ticket for an expired license plate sticker," Suryk said.

He admits his license plate sticker had expired at the end of June. But he claims he never received a renewal notice from the state.

"What really angers me, what I deem to be improper, is that the police department is patrolling a private parking lot, where people gather from all over, knowing that they're going to find a certain number of cars with expired license plate stickers," Suryk said. "They're using this to increase revenue for your town.

It always starts with something easy like this. Its never a government agent stalking your every move. There are still those that argue that if you have nothing to hide you have nothing to fear. You know the type, guilty until proven innocent. Folks we tried that method back during the witch-hunts and decided that our Constitution didn't support such notions.

Chicago DUI lawyer comments on woman with two separate DUI arrests

As a Chicago DUI lawyer I have had clients with multiple DUI's. Before one case is resolved my client will get charged again. But I have not had someone get charged on two separate occasions with the same offense hours apart.

August 12, Lincoln, NE

Two hours after a Lincoln police officer arrested a woman on suspicion of DUI early Wednesday morning, he saw her behind the wheel again -- and he arrested her again.

Officer John Hudec first stopped Claudia Bustamante just after 1 a.m. at 48th Street and Nebraska 2.

Hudec watched the 33-year-old turn left from a non-turn lane without signalling, then swerve, Officer Katie Flood said Wednesday.

He stopped the 1985 Buick LeSabre and cited Bustamante, 2526 D St., on suspicion of driving under the influence and negligent driving. At detox just after 2 a.m., Bustamante's blood alcohol content tested at .19 percent -- more that twice the legal driving limit, Flood said.

Hudec headed back to the street, and just after 3 a.m., he saw a 1991 Chevy Caprice straddling the center line on 40th Street near Pioneers Boulevard, Flood said.

He passed a car following the Caprice -- the LeSabre, driven by Bustamante's boyfriend -- and pulled the Caprice over.

Bustamante was at the wheel, Flood said.

For the second time in a couple of hours, Hudec cited Bustamante on suspicion of a DUI and negligent driving. This time, Flood said, she was taken to jail, where she tested .154 percent at 4:05 a.m. The legal limit is .08 percent.

Somehow I suspect we know how Ms. Bustamante's cases are going to end.

Chicago DUI lawyer comments on Donte Stallworth's season suspension

This Chicago DUI lawyer previously posted here and here on the Donte Stallworth matter. Today, the NFL announced that Stallworth is suspended for the entire 2009 season without pay.

August 13, New York, NY

NFL commissioner Roger Goodell notified Donte' Stallworth of the Cleveland Browns on Thursday that he is suspended without pay for the 2009 season for violating both the NFL's policy on substances of abuse and the personal conduct policy.

On June 16, Stallworth pled guilty to DUI/Manslaughter, a second degree felony in Florida, resulting from a March 14 incident in which he struck and killed a pedestrian while driving under the influence of alcohol.

Following are excerpts from Goodell's letter to Stallworth:

"As you recognized both at and following the hearing, guilt or innocence as a matter of criminal law is not the same as a violation of NFL policies. Here, longstanding league policies make clear that discipline is warranted "if a player is convicted of or admits to a violation of the law … relating to the use of alcohol." The degree of discipline may take into account "aggravating circumstances, including but not limited to felonious conduct or felonious injury or death of third parties…" All of those factors are present here. There is no question that your actions had tragic consequences to an innocent man and his family, and that you have violated both the Substances of Abuse and Personal Conduct Policies. In that respect, you are clearly guilty of conduct detrimental to the integrity of and public confidence in the NFL."

"Nor do I find that the outcome in the Florida courts is controlling in terms of determining disciplinary consequences within the NFL. The considerations that applied in Florida, particularly with respect to criminal standards of proof, claims of contributory negligence, consideration of crowded court dockets, and the like, do not enter into this decision. Without regard to the merits of the disposition of the criminal case, I believe that further consequences are necessary."

"In my view, the essential facts are that you had alcohol in your system well above the legal limit, made a conscious decision to drive, and struck and killed a man. As you recognize, this conduct and the loss of life has caused serious damage to the NFL and NFL players generally. Legal arguments that focus on criminal liability under Florida law do not diminish that damage or your responsibility for your conduct."

"Despite a repeated emphasis on the importance of avoiding driving under the influence of alcohol, you chose to drive under circumstances where you were legally impaired. And you did so even though safe and confidential alternatives, such as the "Safe Ride" program, were available to you. Your conduct endangered yourself and others, leading to the death of an innocent man. The NFL and NFL players must live with the stain that you have placed on their reputations."

While many folks out there don't have access to the "Safe Ride" program that Mr. Stallworth did it just goes to show that even if he had been acquitted he could still be facing sanctions from the NFL as Commissioner Goddell indicated in the letter.

Chicago DUI lawyer says even the police are refusing the "no-refusal" DUI programs

This Chicago DUI lawyer is heartened to see that police officers are willing to recognize the laws of Illinois, even when the prosecutor doesn't. I've posted here, here, and here about a rash of controversial activities that requires a person to submit to chemical testing of their blood during a DUI arrest, in direct opposition to the law. It looks like the police aren't interested in trampling your rights either.

August 11, Chicago, IL

An anti-drunken driving program in Kane County may be in jeopardy after two police agencies said they wouldn't participate because of controversies associated with it, State's Atty. John Barsanti said Tuesday.

Barsanti declined to name the two departments but said both had initially expressed interest in the county's so-called "no-refusal" program, which targets suspected drunken drivers who decline to blow into a Breathalyzer.

"The bottom line is we're reaching out to all these various departments and if they're not interested, it's not going to happen again," he said.

Three "no-refusal" weekends have been held in Kane County since last year. During the enforcement period, prosecutors and a judge are on call to authorize search warrants meant to compel suspected drunken drivers into providing a breath or blood sample.

Declining to provide a sample results in a suspension of driving privileges, but potential repeat DUI offenders prefer the suspension to the revocation that comes with a second drunken driving conviction, according to authorities, who say prosecuting a DUI case is much harder without a sample.

Barsanti said he planned to talk with representatives from the two police agencies to zero in on their specific objections. The program has drawn criticism from those who consider it an abuse of police power.

"There are some people who think that if I have a glass of wine with my steak dinner, then some Gestapo police officer will pull me over and stick a needle in my arm," Barsanti said.

But "no-refusal" has been a "good, aggressive" program that has resulted in many convictions, including repeat offenders and usually of drivers whose blood-alcohol levels were substantially above the 0.08 percent legal limit, he said.

No driver has been physically forced to provide a sample. And those halted faced the same standard as any DUI arrest. Drivers were pulled over after first demonstrating probable cause--such as driving erratically--and then were charged after showing signs of intoxication, Barsanti said.

Two drivers have refused to give a sample after being served with a warrant. The first was charged with contempt of court, but was later cleared. After that, prosecutors tried a different tack and charged the second "refuser" with obstruction of justice. That case is still working through the court system.

The police know when your rights are going to be trampled. Now the prosecutor has to go and try to convince the police departments to participate in this travesty of justice.

Chicago DUI lawyer comments on the texting, while talking on a separate cell phone, and driving tow truck driver

This Chicago DUI lawyer has commented here, here, here, and here on distracted driving and texting. This however takes the cake.

July 30, Lockport, NY

The driver of a tow truck texting on one cell phone while talking on another Wednesday morning crashed into a car at Tonawanda Creek Road North near Willow Wood Drive, injuring a woman and her niece, Niagara County sheriff's deputies said.

The flatbed tow truck then crashed through a fence and into a house before ending up in a swimming pool.

According to witnesses, he did not even stop, slow down or hit the brakes," Preisch said.

Sparks was charged with reckless driving, talking on a cell phone and following too closely. Preisch said deputies will be seizing his two cell phones and will request search warrants for the phone records to verify allegations the driver was talking on the phone.

"It's crazy the law [for texting while driving] is on the governor's desk. But it's irresponsible," Preisch said. "Here's an example where technology is progressing faster than the bureaucracy and laws can keep up. It doesn't make common sense."

Well, you just gotta see what this looks like. Sometimes a picture is worth more than a thousand words.

From Lowering the Bar:

Thanks to Melinda.

Chicago DUI lawyer comments on increase in DUI's amongst women

This Chicago DUI lawyer has had more than a few women as clients. They tend to be of all ages and races but they tend to be working professionals with no other criminal background. In a sign of gender equity, NHTSA and the FBI have concluded that there is a substantial increase in the number of women being charged with DUI over the last five years. I've even posted on the phenomenom of women with children in the car charged with DUI here.

August 7, New York City, NY

It seemed too horrendous even to imagine. But the case of the mother who caused a deadly wrong-way crash while drunk and stoned is part of a disturbing trend: Women in the U.S. are drinking more, and drunken-driving arrests among women are rising rapidly while falling among men.

And some of those women, as in the New York case, are getting behind the wheel with kids in the back.

Men still drink more than women and are responsible for more drunken-driving cases. But the gap is narrowing, and among the reasons cited are that women are feeling greater pressures at work and home, they are driving more, and they are behaving more recklessly.

''Younger women feel more empowered, more equal to men, and have been beginning to exhibit the same uninhibited behaviors as men,'' said Chris Cochran of the California Office of Traffic Safety.

Another possible reason cited for the rising arrests: Police are less likely to let women off the hook these days.

Nationwide, the number of women arrested for driving under the influence of alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested was 7.5 percent lower, according to FBI figures that cover about 56 percent of the country. (Despite the incomplete sample, Alfred Blumstein, a Carnegie Mellon Universitycriminologist, said the trend probably holds true for the country as a whole.)

''Women are picking up some of the dangerously bad habits of men,'' said Chuck Hurley, CEO of Mothers Against Drunk Driving.

In New York's Westchester County, where Diane Schuler's crash killed her and seven other people last month, the number of women arrested for drunken driving is up 2 percent this year, and officers said they are noticing more women with children in the back seat.

Nearly 250 youngsters were killed in alcohol-related crashes in the U.S. in 2007, and most of them were passengers in the car with the impaired driver, according to the National Highway Safety Administration.

Arrests of drunken mothers with children in the car remain rare, but police officers can generally list a few.

In the Chicago suburb of Wheaton, Supreme Court Justice Antonin Scalia's daughter was stopped by police after she pulled away from a McDonald's with three of her kids in the car. She pleaded guilty to drunken driving and was sentenced to 18 months of court supervision.

Obviously, drunk driving can lead to tragedies. During this season of weddings and cookouts, where alcohol and children are not uncommon it is important to remember to avoid drinking or using drugs (even if you have a prescription for them) and driving.

Chicago DUI lawyer says cut and paste DUI arrest reports are standard

This Chicago DUI lawyer has seen a slew of DUI arrest reports. I've posted here, here , and here about DUI testing. One of the things I notice is that, with limited exceptions, every DUI arrest report has the same characteristics.

I pulled over the supsect due to some sort of traffic violation. Once I spoke to the suspect there was a strong odor of alcohol on the suspect's breath. I then noticed that the suspect's eyes were red, bloodshot, glassy. The suspect's speech was slurred.

You get the point right? It's basically a check the box form and the boxes tell the arresting officer what the clues are. Sometimes the arresting officer doesn't even see this as a problem.

August 8, Bartow, FL

Prosecutors have abandoned charges against 54 people accused of driving under the influence, citing concerns about a deputy's shortcuts in writing reports and conducting blood alcohol tests.

Deputy Tex Thomas has made about 124 arrests for DUI since he began working last year for the Polk County Sheriff's Office.

In a deposition, Thomas spoke about preparing reports by cutting-and-pasting words from previous DUI reports as a "template" rather than starting with a blank page.

The State Attorney's Office opted not to file charges against 50 suspects and dropped charges on four others. The cases stretch from last October through early July. Prosecutors starting dropping the cases last month.

Assistant State Attorney Hope Pattey said prosecutors must ensure rules and procedures are being followed.

"When we see that shortcuts are taken or procedures are not followed, we have an obligation to do what's right," she said. "That's what we did here."

Law enforcement officers must observe DUI suspects for 20 minutes before a breath sample is taken to make sure the suspects aren't belching, vomiting, or ingesting anything that might impact the test.

Pattey said Thomas admitted to factoring the amount of time that it took to drive a DUI suspect to a location to give a breath sample as part of the preferred face-to-face observation period.

"He admitted that he had done it," she said. "We drew the conclusion that if he had done it in one case then he had done it in all of them."

"At this point, it would be way premature to say that Deputy Thomas has done anything inappropriate," said Gary Hester, chief of staff at the Sheriff's Office.

"The purpose of the administrative investigation at this point is to ferret out what the facts are and what's fiction," he said. "If there are issues that need to be addressed, then we'll address them."

Hester said the sheer number of cases that prosecutors dropped is what makes the situation significant.

"I guess in some ways what's made it newsworthy is he is very motivated, worked very hard and went out trying to get drunk drivers off the road," Hester said.

His personnel file includes past evaluations that he was "performing exceptionally well" in the DUI Enforcement Squad.

Even if the arresting officer's intentions aren't bad, we all know what road is paved with intentions.