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Illinois Drunk Driving Articles
Illinois DUI News and Articles.
Playboy Playmate Avoids Illinois DUI
Miss May 2009 had been arrested for drunk driving in Chicago.
The Playboy Playmate featured as Miss May 2009 has avoided prosecution for suspicion of driving under the influence in Chicago. Crystal McCahill was stopped last January after running a red light. She told the officer she had been drinking at the Climax Bar, where she worked. The Chicago Police Department officer claims that McCahill voluntarily went to the district police station on the Near North Side, where a blood alcohol test revealed a BAC more than twice the legal limit for intoxication.
McCahill's Illinois DUI defense attorney countered that his client was arrested prior to going to the district station. Since the officer had not conducted a field sobriety test there was insufficient reason to place McCahill under arrest.
A Cook County Judge ruled that McCahill should not have been arrested on the scene for DUI in Illinois. Prosecutors are considering an appeal. A Chicago Police spokesperson said he felt the officer acted appropriately during the DUI investigation and felt the evidence showed McCahill was in fact intoxicated.
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Illinois Judge Rules Seizure of Drunk Drivers' Vehicles is Unconstitutional
County judge challenges state law allowing seizure of vehicles after Illinois DUI.
DuPage County Associate Judge Thomas C. Dudgeon ruled that a state law allowing police and municipalities to seize vehicles of Illinois DUI offenders is unconstitutional. The law is intended to penalize repeat DUI offenders caught driving with a suspended driver’s license. Dudgeon ruled that the vehicle forfeiture statute gives the state too broad of authority, and he especially cited troubling cases involving co-ownership of a vehicle and offenders only being charged with a misdemeanor offense.
The ruling stems from a case involving three Illinois men who said the law did not allow defendants to petition a judge for return of a vehicle until after their cases of driving under the influence in Illinois were resolved. If a case went to trial, that could take several years. Family members, loved ones and even employers not accused of drunk driving were denied prompt reviews and would have to wait for the opportunity of the vehicle to be returned.
The vehicles are periodically auctioned off with neither the owner or the institution holding the vehicle title receiving funds from the sale. In some cases, the seized vehicles are assigned to local politicians and law enforcement officers for both business and private use.
Dudgeon's opinion said that the law violated due process clauses protected in both state and federal constitutions. Anti-drunk driving advocates are enraged, saying that the greater public good outweighs the punitive damages imposed on innocent co-owners, family members or those who loan someone a vehicle. The DuPage County State’s Attorney has been consulting the state Attorney General and hopes to appeal the ruling to the Illinois Supreme Court.
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Sauget Fire Chief Gets Probation for Illinois DUI
Plea deal for drunk driving in Illinois after chief crashes village owned vehicle.
Roger Thornton, fire chief for the small Illinois village of Sauget east of St. Louis, has accepted a plea agreement with prosecutors in a case of IL DUI in St. Clair County. Thornton must complete two years of probation, pay a $3,000 fine and attend alcohol counseling. If he is not arrested for another incident of driving under the influence in Illinois during probation, his conviction will be sealed.
Thornton was driving while intoxicated when he crashed a village owned SUV into a concrete pole on October 18. He had no prior DUI arrests on his record.
Thornton expressed regret for “a grave error in judgment” and apologized to all involved.
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7000 Using Interlock Devices for Illinois DUI
Law requiring the devices has been in effect since beginning of year.
At least 7000 motorists in the state of Illinois have been required to install ignition interlock devices in their vehicles. A law which took effect January 1, 2009 requires all motorists convicted of driving under the influence in Illinois to install the breath-testing devices if they wish to continue driving. According to the Secretary of State's office, another 5000 drivers could install the devices by the end of the year.
The interlocks are required as a condition for return of driving privileges and are installed for 6 to 12 months, the length of time a license is typically suspended for first offense IL DUI. Drivers have the option of not installing the devices though they would be prohibited from operating a vehicle during the suspension period.
The offender pays for the installation and a monthly fee to maintain the equipment. The cost, and perhaps social stigma, are influential in the decision to opt out of use of the devices. As many as 40,000 are charged with Illinois DUI in an average year, most of them first time offenders.
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Woman Earns Alcohol Monitoring Device for Party Photos on Facebook
Photos showed parole violation for defendant waiting trial for deadly Illinois DUI.
A judge has ordered a woman accused of driving under the influence in Illinois to be outfitted with an alcohol monitoring ankle bracelet following the posting of party photos on a Facebook profile.
Erika Scoliere is waiting trial for aggravated Illinois DUI and reckless homicide for a July 2007 accident that killed a motorcyclist. As a condition of bail, she was required to not consume alcohol or be around those who are drinking. Police investigators, however, found photos of Scoliere drinking with friends posted on the social networking site. One was captioned, "Erika passed out in my bed. Ha Ha."
The Assistant State's Attorney told the judge that Scoliere also violated terms of bail by not contacting county court services by phone while at school. Scoliere attends college in Ohio. Despite protests raised by her DUI defense attorney of the social shame brought by the ankle bracelet, the Kane County judge said that Scoliere had "earned the privilege of wearing the SCRAM bracelet." The bracelet detects alcohol through the wearer’s perspiration. The device must be regularly synched via remote access with a central computer database that records violations.
Scoliere, accompanied by her parents, left the courtroom in tears.
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Illinois Police Keep Seized Cars for Personal Use
Expensive vehicles kept after arrests for suspected DUI in Illinois.
Illinois State Police have been seizing certain vehicles following arrests for drunk driving in Illinois, and then setting them aside for personal and business use by influential officials. The Associated Press has reported that police used a state seizure law to confiscate a high-performance Dodge Charger SRT8 valued at over $38,000. The vehicle was then awarded to the executive director of the Illinois State Police Merit Board.
Having a good relationship with the Merit Board is known to enhance a state troopers’ chance of promotion.
The expense of gas and maintenance for the 6.1 liter, 425-horsepower Dodge Charger is borne by the taxpayer. The muscle car is just one of two dozen desirable vehicles seized for criminal offenses, including driving under the influence, in Illinois. Others include an Audi and a Cadillac Escalade.
State police officials refuse to identify the recipients of the seized vehicles, saying it would endanger the officers if the public knew what make and model car they drove.
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Judge Bars Reinstatement of Illinois DUI Charge
Prosecutor wanted to change plea deal after learning about prior drunk driving offenses.
A judge has denied an attempt to reinstate charges of driving under the influence in Illinois against a defendant. Franklin 'Mitch' Durr was arrested for IL DUI on April 22, 2008, and a plea bargain with the prosecutor lead to the DUI charge being dropped in exchange for a guilty plea to improper registration and a fine.
The Madison County State's Attorney, William Mudge, later learned that Durr had a 1999 conviction in Missouri for involuntary manslaughter involving alcohol and 1985 judgment on a suspected DUI. Mudge said he would not have entered into the plea agreement with Durr had he known about the prior incidents, and he sought to have the order accepting the plea agreement vacated. A judge did grant the motion to vacate the acceptance order but another judge ruled that the decision did not dispose of the original plea agreement. Durr was given the opportunity to enter his plea again, under the original agreement.
The judge barred an effort by the state to pursue a new charge of drunk driving in Illinois, citing the defendant's right against double jeopardy. Durr's Illinois DUI defense attorney had argued over seven months ago that the 2008 charge was weak, as there was no evidence to prove his client was driving while intoxicated and the video of the arrest did not conclusively indicate impairment.
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13 Chicago Cops Arrested for Illinois DUI During 2008
While lower than the rate for the general public, police superintendent hopes for improvement.
It was announced that thirteen Chicago police officers were arrested for driving under the influence last year. Five incidents involved an accident and two resulted in injuries. The disclosure comes days after the news that a veteran police officer was charged with aggravated Ill DUI and reckless homicide for his role in a fiery wreck that killed two people. The officer in that case had a blood alcohol content more than three times the legal limit.
The Police Superintendent Jody Weis, who took office last year after two high-profile bar beatings involving police, created a bureau to evaluate officer conduct and increase training, especially when dealing with excessive drinking and alcohol abuse. After the most recent incident of drunk driving by a police officer, Weis made it mandatory for officers to inform the watch commander and internal affairs when a fellow officer is suspected of being intoxicated. There is an interest in implementing random testing of officers though that will require a change in the contract with the union representing the rank and file.
Of the 13 police officers charged with drunk driving in Illinois during 2008, none have yet lost their jobs. 8 cases have been resolved and 5 remain open. The penalties have included suspension with out pay for 20-45 days, reassignment to a desk position and temporary leave. Four DUI arrests were made by Chicago police, three in the Chicago suburbs and six out of state. With a total force of 13,000 officers, the rate for DUI arrest is one per 1000. The U.S. average is one drunk driving arrest for every 155 motorists.
Weis acknowledges that police officers are held to a higher standard, and accepts that the citizens of Chicago have the right to expect the police to protect them from drunk drivers and not be part of the problem.
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76% Increase in Citations at 'Unofficial' St Patrick's Day Party in Illinois
DUI arrests and criminal charges up during this year's University of Illinois two day binge-fest.
For thirteen years, students at the University of Illinois have celebrated a pre-St. Patrick’s Day party known simply as the 'Unofficial'. This year's two day drinking oriented event resulted 351 citations, a 76% increase, being issued for offenses including underage drinking, drug possession, criminal damage and driving under the influence in Illinois.
The drinking free-for-all draws UI students and alumni, as well as out-of-towners. Partiers have been known to line up at campus bars before 8:00 am, organize private parties and try to take alcohol to classes. Those cited by the police included students from 52 colleges and 2 high schools from twelve states. About one third of the total violations issued were given to University of Illinois students.
Law enforcement for the even was comprised of Illinois State Police, the County Sheriff’s Department, local police departments from the towns of Champaign and Urbana, university police and the Liquor Control Commission. Officers were informed that there would be no days off and the must be prepared to work overtime.
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Third Cop Accused of Falsifying Illinois DUI Charges
Chicago officer sued by two citizens for making false drunk driving arrest.
Two Illinois men have filed separate federal lawsuits against a Chicago police officer for reportedly falsifying arrest reports during traffic stops for suspicion of drunk driving. The men claim that Town Hall District Officer Richard Fiorito violated their civil rights. He is accused of manufacturing Illinois DUI charges and other traffic offenses in order to get over-time pay that comes with making court appearances.
In one situation, a man was arrested on suspicion of drunk driving in Illinois only four minutes after being released for driving with a suspended license. He would not have been released on a personal recognizance bond if he were drunk. In the same incident, the motorist had been advised by a desk sergeant not to drive until he had a valid license. While retrieving his coat from his vehicle, Officer Fiorito demanded that he move the car. When he did, Fiorita immediately activated the emergency lights on his squad car.
Fiorito, 60, is the third police officer in the past year to be investigated for falsifying arrests for driving under the influence in Chicago. Officer Joe Parker is currently on desk duty during an investigation into wrongdoing and Officer John Haleas has been charged by Cook County prosecutors with perjury, official misconduct and obstructing justice. Anti-DUI organizations like MADD and Alliance Against Intoxicated Motorists have recognized all three of those officers as ‘top-cops’ for making high numbers of Il DUI arrests.
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