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.