Archive for the ‘DUI arrest’ tag
April 15th, 2014 at 6:07 pm
Why do police fake reports? It happens far too often and perhaps is a product of peer pressure – they do not want to be seen as ‘losers’ of a defendant is found not guilty of DUI.
Here is a story that edifies the problem. A cop who faked reports and overtime for DUI in Utah as reported in the Desert News:
“In 2012, Hall reported to his supervisors that he had made 27 DUI arrests, issued 398 citations and impounded 27 vehicles while working shifts funded by the state as part of a DUI grant. The grant allowed officers to work overtime hours to conduct DUI patrol, and the state would later reimburse the department for those hours.
But Unified Police Department supervisors discovered that their own records did not match Hall’s grant sheets.
According to department records, Hall made just one DUI arrest in 2012 and issued only four citations, according to charging documents. He also fabricated as many as 50 cases, the charges stated.”
The information didn’t match and he was caught. The story continues:
“Further investigation and comparison of various timecards dating back to January 2010 showed that Hall reported he was working his regular Unified police shift or at his part-time job doing security at a local hospital or state liquor store at the same time he claimed to be working a DUI shift, the charges state. In some cases, he was “clocked-in” at three jobs at once, according to prosecutors.
Because of that, prosecutors say from 2010 to 2013, he was “double paid” approximately $14,000 for overlapping shifts.
Hall was placed on administrative leave in January 2013. The 20-year veteran eventually retired in May as the investigation was ongoing.
Sentencing in the case has been set for June 2.”
January 30th, 2014 at 12:13 pm
When arresting a person on charges of a DUI offense in Illinois, there is a proper procedure all officers must follow. The 2013 Illinois DUI Fact Book outlines these steps so that drivers will know what to expect.
First, an officer must stop your vehicle at a roadside safety check or have adequate probable cause or reasonable suspicion to pull you over. This can include observing unusual operation of the vehicle by the driver. Once safely pulled over, the officer may spend a few moments talking with and observing the driver before requesting the driver’s license, registration, and insurance.
If the officer suspects the driver is under the influence of drugs or alcohol, they may ask the driver to submit to a series of field sobriety tests. Once these are completed, the officers can either release the driver, or if they have probable cause based on the results of the field sobriety tests, they can place the driver under arrest for DUI. Anyone who refuses to complete the field sobriety tests can have their license suspended under the law.
If the driver is placed under arrest, they will be taken to the police station, where a blood-alcohol concentration (BAC) test of their breath, blood, or urine will be administered.
If the BAC is found to be between .05 and .08 percent, and no drugs are found in the driver’s system, the DUI charge remains in effect until the court decides otherwise, however the driver’s license does not automatically get suspended. If the BAC is shown as .08 or more, or if there is any evidence of drugs in the driver’s system, the driver will receive immediate notice that their license has been suspended.
If you have been accused of a DUI offense, and believe that the proper procedures were not followed, contact an experienced Illinois DUI defense attorney right away. They can ensure your case is fairly represented in court, and ensure you do not receive any undeserved punishment under the law.
January 3rd, 2014 at 9:12 am
Dana Holmes claims that a group of law enforcement officers crossed the line during her DUI arrest last May. Holmes says that she was mistreated, degraded, and required to go through a strip search after she was arrested for driving under the influence in LaSalle County. If you have been arrested for a DUI, it is important to note that you have rights and that mistreatment can affect the outcome of your case. Speak with a licensed DUI attorney for further details.
Holmes has video surveillance to back up her allegations, too. Tape from the arrest demonstrates four officers lifting her and carrying her into a jail cell where they put her face down on the floor and removed her clothes. Holmes admits to feeling helpless and scared during the process. Generally, officers of the same sex are the only ones allowed to remove clothing from an arrested individual. The usual procedure for doing this also requires supervisor permission and the use of a secluded area.
La Salle County Board attorney determined that the officers intentionally performed a strip search, but not with the goal of searching. After Holmes was required to strip, she was placed in a tear-proof suit and put into a padded room, a move the officers involved say was for her own protection. LaSalle County officials are standing behind the officers responsible for the strip search, arguing that these individuals did nothing wrong and were only carrying out the responsibilities of their jobs.
Mistreatment during the arrest led Holmes to fear that others would return to her cell to sexually abuse her. Even following an arrest, you have rights. If you were cooperative during a DUI arrest and an officer or officers took advantage of that situation, you need to discuss your case directly with a knowledgeable Illinois DUI attorney.