Archive for the ‘dui’ 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 23rd, 2014 at 10:41 am
Alex Tapia-Aguilar, 34, of Round Lake, was charged with drunken driving and arrested after slamming into a police car while intoxicated, according to the Chicago Tribune. Tapia-Aguilar was driving on the wrong side of the road when he hit the squad car, and injured a police officer in the process. He is now facing “two counts each of aggravated driving under the influence and DUI,” according to the Chicago Tribune. “After the crash, the officer had to climb out of his window to stop Tapia-Aguilar because of the extent of the damage to his vehicle,” the Tribune reports. The officer was taken to Vista Health System, treated for his injuries, and released. Tapia-Aguilar refused medical help at the scene.
Damage to both cars was extensive, the Tribune reports. It isn’t clear if sobriety tests were administered immediately following the crash, but Tapia-Aguilar told police that “he thought the car might have been delivering papers,” according to the Tribune. Tapia-Aguilar was also “charged with driving without a valid driver’s license, driving without insurance, improper lane usage, failure to reduce speed to avoid an accident and criminal damage to state-supported property,” the Tribune reports.
Aggravated DUI carries a heavier punishment than DUI, according to the 2014 Illinois DUI Factbook. “Any mandatory term of imprisonment or community service is not subject to suspension or reduction,” the Factbook states. An aggravated DUI can apply to a number of different scenarios including (but not limited to):
- A third or subsequent DUI
- DUI committed while driving a school bus carrying one or more persons age 18 or younger
- DUI resulting in great bodily harm
- DUI committed without a valid license
- DUI committed without car insurance
- DUI committed after a previous conviction for reckless homicide while DUI
- DUI resulting in death
Illinois is a Zero Tolerance state, which means that if you’re pulled over and your BAC measures .01 or greater you can be ticketed. To have a BAC of .01 a normal adult of any weight needs only to consume one drink in an hour.
If you or someone you know has been charged with DUI in Chicago, don’t go through it alone. Contact Ramsell & Associates today.
January 19th, 2014 at 10:29 am
A 911 dispatcher in Chicago, 36-year-old Matthew Stehney was arrested for DUI after an afternoon of watching football, according to DNAinfo Chicago. Stehney was “found ‘slumped over the wheel’ in a running car by police in the 2700 block of South Damen Avenue,” according to a police report and reported by DNAinfo. When police woke him up, Stehney had “glassy-bulging-bloodshot eyes,” and Stehney then proceeded to try to talk his way out of the arrest. According to DNAinfo, he told police he was “one their team” and “begged” for another chance. The police report stated that, “he pleaded nonstop for another chance, saying it would not happen again.” When Stehney was taken in police found a baggie with cocaine in it in his pocket. He has been charged with DUI and drug possession, according to DNAinfo.
With drug use rates increasing across Illinois, the number of people arrested for DUI who also end up with drug possession charges will likely increase as well. In Los Angeles this year, according to the LA Times, police introduced a new oral swab drug test that was first used at checkpoints over New Year’s. “Prosecutors said the eight-minute, portable oral fluids test could eventually become a more effective use of resources in drugged-driving cases,” reports the LA Times. The swab tests for cocaine, methamphetamine, and THC, among other substances.
Even if a person is a first-time DUI offender in Illinois, he is likely to lose his license for some time. For failing chemical testing, according to the 2014 Illinois DUI Factbook, a person automatically has his driving privileges suspended for six months. If a person fails to submit to chemical testing his license will be suspended for up to a full year. According to the 2014 DUI Factbook, “a driver may request a judicial hearing to challenge a statutory summary suspense… within 90 days after the notice date.”
If you or someone you know has been charged with DUI or drugged driving in the Chicagoland area, the most important thing you can do is seek legal counsel. Contact Ramsell & Associates today.