We blogged about DUIs on a bar stool, a horse, and a riding mower and a golf cart. Now, we can add a La-Z-Boy to that list.

Man Pleads Guilty To DWI In Motorized La-Z-Boy

DULUTH, Minn. – A Minnesota man has pleaded guilty to driving his motorized La-Z-Boy chair while drunk. A criminal complaint says 62-year-old Dennis LeRoy Anderson told police he left a bar in the northern Minnesota town of Proctor on his chair after drinking eight or nine beers.

Prosecutors say Anderson’s blood alcohol content was 0.29, more than three times the legal limit, when he crashed into a parked vehicle in August 2008. He was not seriously injured.

Police said the chair was powered by a converted lawnmower and had a stereo and cup holders.

Sixth Judicial District Judge Heather Sweetland stayed 180 days of jail time Monday and ordered two years of probation for Anderson. His attorney, David Keegan, did not immediately return a call for comment.

Another monster off our roads.

Check out the absurd logic used by Supreme Court Chief Justice Roberts in his desperate attempt to destroy the 4th Amendment.

Chief Justice says Virginia court ruling on drunk driving could have dangerous consequences

WASHINGTON (AP) — Chief Justice John Roberts spoke out in vain Tuesday against a lower court ruling he says will “grant drunk drivers ‘one free swerve’” that could potentially end someone’s life.

Roberts wanted the Supreme Court to review the lower court ruling but he failed to persuade enough of his colleagues. The court declined to hear an appeal from Virginia officials who had their drunk driving conviction of Joseph A. Moses Harris, Jr. thrown out by that state’s Supreme Court. Police were notified by an anonymous tipster that Harris was driving intoxicated, but the arresting officer did not see Harris break any traffic laws.

The majority of the justices did not say why they did not take the case, but Roberts in a written dissent, joined by Justice Antonin Scalia, said the Virginia court’s decision will put people in danger.

“The decision below commands that police officers following a driver reported to be drunk do nothing until they see the driver actually do something unsafe on the road — by which time it may be too late,” Roberts wrote.

Couldn’t the same logic – that “it may be too late” then be applied to everything?  “We have to, without probable cause, search everyone to see if they have a gun because if we don’t, it may be too late”.   Imagine if Justice Roberts had said that!  What would the reaction have been then?

Roberts noted that close to 13,000 people die in alcohol-related car crashes a year, which equals to one death every 40 minutes.

Tragic, but does it justify destroying the 4th Amendment?  I don’t think so.

Roberts said a majority of the courts have said it doesn’t violate the Fourth Amendment protection against unreasonable search and seizure to pull over drunk drivers based on anonymous tips from programs like the “Drunk Busters Hotline.”

But some courts, including some in Wyoming, Massachusetts and Connecticut, have agreed with Virginia in saying that police must see a traffic violation before pulling over a suspected drunk driver based on an anonymous tip.

The Supreme Court should have stepped in and made the rule clear, Roberts said.

More clear?  What’s unclear about the idea that you need probable cause to pull someone over?

“The stakes are high. The effect of the rule below will be to grant drunk drivers ‘one free swerve’ before they can be legally pulled over by police,” Roberts said. “It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check.”

Absurd logic.   What does Justice Roberts propose?  Pull over everyone for no reason to stop some potential drunk drivers?

If that’s correct and the Fourth Amendment bans the use of anonymous tips on drunk drivers without police verification, “the dangerous consequences of this rule are unavoidable,” Roberts said.

The only dangerous consequences of this case, Justice, is when one man decides that he is going to try and destroy our Constitutional protections.  Better luck next time.

Remember the story of the Chicago Police Officer arrested for DUI after killing two people in an automobile crash?  Well now it seems that the Chicago Police are holding a benefit for Officer Joseph Frugoli to help cover his legal bills.

Frugoli Fundraiser Controversy

CHICAGO – An upcoming benefit for a Chicago police officer who’s accused of killing two men in a drunk driving crash is causing controversy.

About two dozen people protested in front of area one police headquarters last night — upset about a posting on the Fraternal Order of Police website about this weekend’s fundraiser for officer Joseph Frugoli.

Frugoli is accused of crashing into a car while driving drunk on the Dan Ryan expressway near 18th street last April.

That fiery crash killed Andrew Cazares, 23 and Fausto Manzera, 21.

Police friends of Frugoli are organizing this weekend’s event to help pay his legal bills.

Protestors are upset that a telephone number listed on the website about the fundraiser connects people to area one police headquarters.

The Fraternal Order of Police president, Mark Donahue, says the event was planned by some of the officer’s friends.

He says the Fraternal Order of Police is not involved or advocating one way or the other regarding the Frugoli case.

No word on any benefit for the two people killed, unfortunately.

Another blow to the supposedly reliable “field Sobriety Tests” that our Chicago DUI Attorneys have long argued against.

A scientific study (144(3) Science and Justice 133-139) has investigated the validity of the nystagmus test. This test, also known as the “eye test”, is where a police officer can supposedly detect that you are DUI by waving a pen in front of your eyes.

The Horizontal Gaze Nystagmus (HGN) test was conceived, developed and promulgated as a simple procedure for the determination of the blood alcohol concentration of drivers suspected of driving while intoxicated (DWI). Bypassing the usual scientific review process and touted through the good offices of the federal agency responsible for traffic safety, it was rushed into use as a law enforcement procedure, and was soon adopted and protected from scientific criticism by courts throughout the United States. In fact, research findings, training manuals and other relevant documents were often held as secrets by the state. Still, the protective certification of its practitioners and the immunity afforded by judicial notice failed to silence all the critics of this deeply flawed procedure.

In 1998 the integrity of the statistical evaluation of the original research upon which the validity of the tests rested was unfavorably reviewed [5]. In 2001 new research indicated that the Horizontal Gaze Nystagmus (HGN), the cornerstone of the test battery was fundamentally flawed and that the HGN test was improperly conducted by more than 95% of the police officers who used it to examine drivers suspected of driving while intoxicated (DWI) [6]. This summary critique demonstrates that it is scientifically meretricious and that the United States Department of Transportation indulged in deliberate fraud in order to mislead the law enforcement and legal communities into believing the test was scientifically meritorious and overvaluing its worth in the context of criminal evidence….

Wow. “Deliberate fraud”.  Fraud the State used to justify arresting thousands.

Our Chicago DUI Lawyers have learned that Missouri State Troopers are stepping up hunting and profiling people Drunk Driving enforcement

Operation Arrest Steps Up St. Charles County DUI Enforcement

WELDON SPRING, MO (KTVI-FOX2now.com) – Half a dozen Missouri State Troopers are on the hunt for drunk drivers.

A “hunt”?

Operation ARREST is targeting drivers in St. Charles County who may have had too much wine and beer at Oktoberfest celebrations or college football gatherings at sports bars. The special strike team aims to get those drivers off the road. Operation Arrest is a monthly special assignment aimed at making roads in the metro region safer. And it meant a long Saturday night for several Missouri State Troopers looking for drunk drivers.

Oh, we get it.  It’s not a “hunt”.  It’s a profiling operation targeting “Oktoberfest celebrations or college football gatherings at sports bars”. But who makes up this “special strike team”?

Cpl. Jeff Wilson with the Missouri Highway Patrol says, “Operation ARREST is Alcohol Related Response Enforcement Strike Team. It’s made of six troopers who are highly skilled in alcohol or DWI detection.”

“Six troopers who are highly skilled in alcohol or DWI detection”  What?  Like they have a super sense of smell that detects alcohol or something?  How do they do it?

The team is watching for ordinary violations that could signal alcohol usage.

Ah yes, “ordinary violations”.  They are always good for satisfying that pesky Constitutional requirement that requires probable cause.  But really, what is an ordinary violation?

“It could be anything from sluggish lane usage , straddling the center line, speed,. It could be slow response to items like vehicles in front of them, using their turn signals when they are not turning,” says Wilson.

“It could be anything”. Hmmmm, yes we suppose it could be anything.

So in summary what we have here is this:  Six highly skilled troopers pulling people over for anything.

That’s just great. Let the hunt begin!

Gov. Schwarzenegger terminates Californian’s 4th Amendment protections.

California testing ignition devices for drunk drivers

SACRAMENTO – California will test requiring that drivers convicted of drunken driving install devices that block vehicles from starting if alcohol is detected on the drivers’ breath.

The bill by Assemblyman Mike Feuer, a Democrat from Los Angeles,is among those signed into law Sunday by Gov. Arnold Schwarzenegger.

It requires installing an ignition interlock device on every vehicle owned or operated by a first-time DUI offender in four counties: Alameda, Los Angeles, Sacramento and Tulare. The law expires in 2016.

Schwarzenegger also signed a bill by Sen. Bob Huff, a Republican from Diamond Bar, that lets repeat drunken drivers apply for restricted licenses if they install ignition interlock devices on their vehicles.

This is just the first step, friends. MADD has proposed that these ignition interlock devices be installed on ALL new cars, REGARDLESS if the driver has ever been convicted of anything. Does that change your opinion? Our Chicago DUI Lawyers want to know what you think.

How many innocent people had to get railroaded before this finally happen?

Chicago cop off streets after being accused of faking DUI arrests

October 9, 2009
BY FRANK MAIN Staff Writer

A Chicago Police officer honored in the past for making hundreds of drunken driving arrests has been removed from the street and placed on administrative duty as the department investigates claims he falsified arrest reports.

Officer Richard Fiorito, 60, faces a lawsuit in federal court in which 19 people claim he violated their rights in DUI stops. In at least one stop, he is accused of writing an arrest report whose facts contradict video taken from a camera on his squad car.

Also, in at least one pending DUI case, an arrested driver plans to show video he believes will contradict what Fiorito wrote in that arrest report.

Roderick Drew, a police spokesman, said Fiorito “can’t go out and make DUI stops” until an internal investigation is completed.

Fiorito, who denies the allegations, is one of three Chicago officers whose DUI arrests have come under scrutiny by the department.

Officer Joe D. Parker, 60, retired July 1 after an inquiry was opened into his DUI arrests. Officer John Haleas, 38, has been charged criminally for allegedly failing to perform a field-sobriety test and lying in DUI arrest reports. A hearing in his case is set for Wednesday.

In another blow to Justice, Anita Alveraz, Cook County’s State’s Attorney, announced that no criminal charges will be brought against Officer Joe D. Parker.  All the people he wrongfully arrested for DUI, however, will get no relief.  Thanks, Ms. Alvarez.  Seems fair. How much money do DUI arrests collect for the County, again?

In past years, Fiorito, Parker and Haleas have been named “top cops” by Schaumburg-based Alliance Against Intoxicated Motorists for the number of DUI arrests they made. But attorneys who have sued Fiorito and Parker have claimed they falsified arrests in order to profit from overtime they would receive by appearing in court in those cases.

MADD is also silent on whether or not they will rescind the honors bestowed upon these three.

If you or someone you know has been arrested and charged with drunk driving from any one of these three officers, please contact our offices immediately.  Even if you have pled guilty, we may be able to help.  Call (312) 494-3131 for a free consultation.  Ms. Alvarez and MADD might look the other way, but we won’t.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” 4th Amendment to the Constitution of the  United States.

If MADD has their way, those arrested for DUI will soon be stripped of their 4th Amendment protections.

Proposed Law Gets Tough On DUI Offenders

Jamie Soriano FOX40 News

SACRAMENTO – Drink and drive and you’ll pay an even higher price if the governor signs a new bill into law. AB 91 would set up a pilot program in four counties including Sacramento, Alameda, Los Angeles and Tulare, requiring the installation of an ignition interlock device on any car owned by someone convicted of driving under the influence, regardless of their blood alcohol level.

Before that person can drive, they’ll have to blow into the device to get an accurate blood alcohol reading. If there’s any trace of alcohol in their system, the car won’t start.

So the Government can take someone’s breath sample with out probable cause simply because they have had one DUI conviction?  Guilty until proven innocent?

The little device has created a big debate.

“We believe very strongly that as soon as this is signed into law, the statistics on deaths and injuries in the county will drop dramatically,” said Matthias Mendezona, State Executive Director for Mothers Against Drunk Driving.

While we’re at it, how about having every citizen arrested for anything be forced to be patted down and searched every time that they leave their house.  That’ll teach ‘em.

Kansas is looking to revamp their DUI Court system and MADD is all over this.

Kansas is looking for ways to improve its drunk driving laws and one of the options the state is looking at is a specialized court system that would only handle DUI cases.

The state’s DUI commission is looking at all kinds of options for strengthening DUI laws, but also make enforcement of the laws more uniform. DUI courts could be one way to do that, but not everyone is convinced it’s the right way to go.

For every DUI arrest, there’s the cost of jail, judges and juries. And when they get out of jail, about one third will do it again.

Owens chairs the Kansas DUI commission and said DUI courts would cut those costs by requiring treatment instead of jail. He said the Kansas treatment program has a more than 70 percent success rate.

“Because if we don’t do that, when they get out what do they do? They spent a year on the shelf and then come out and the first thing they do is celebrate being released, go back to drinking,” Owens said.

Okay. Treatment for repeat offenders sounds like it is a bigger deterrence than jail time. MADD must support this, right?

“What is that teaching them? I’ll just do this and I won’t have to go to jail,” Avis Lowe with Mothers Against Drunk Driving said.

A repeat drunk driver killed Lowe’s son 14 years ago. She doesn’t think treatment programs would have prevented it.

What happened to Ms. Lowe’s son is tragic. However this is not a valid reason to make blanket statements suggesting that treatment programs don’t work. According to State Senator Owens, the treatment programs have “more than 70 percent success rate”. Jail on the other hand? Less than 70 percent. So why does MADD insist on programs that are less successful?

“That’s not giving them punishment,” Lowe said. “What needs to happen all over is tougher DWI laws.”

Ah yes, punishment. Just as Chief Wiggim from “The Simpsons” once noted “the law is powerless to protect you, not punish you. Take her away boys.”

Our Chicago DUI Lawyers have had many cases involving Chicago Police Officer Richard Fiorito, subject of the lawsuit detailed below.

Chicago DUI lawsuit: Plaintiff’s lawyer airs sobriety test video

By Kristen Schorsch Tribune reporter

One foot in front of the other, Michael Vaughn looked down as he walked heel to toe in a straight line with his arms at his side as part of a field sobriety test. He held his right foot out for 30 seconds and touched his left finger to his nose, then his right.

He performed these tests without wavering, Vaughn’s attorney, Jon Erickson, said while airing the police surveillance tape inside his Uptown office Tuesday.

The sobriety test Vaughn performed in June was captured on a surveillance camera mounted in Chicago police Officer Richard Fiorito’s squad car, Erickson said. In a police report, Fiorito said Vaughn couldn’t keep his balance and raised his arms more than 6 inches while walking in a straight line, and that he hopped and swayed while standing on one leg. Fiorito arrested Vaughn on charges of drunken driving, among other charges, according to a police report.

Erickson, who has filed civil rights lawsuits in federal court against Fiorito on behalf of about two dozen people, released the video Tuesday, saying it strengthens the claim that Fiorito made false DUI arrests and lied on police reports. Some plaintiffs allege Fiorito abused them during their arrests and harassed them because they are gay or disabled, court records show. Erickson said Fiorito trumped up drunken driving charges in a scheme to earn extra overtime pay by appearing as a witness in court.

Dan Gallagher, an attorney representing Fiorito, called the allegations “ridiculous.”

“When a police officer is driving a car and he sees someone speed by or is swerving, how can you tell if someone’s gay or not?” Gallagher asked.

Gallagher said the video didn’t show whether or not Vaughn was wavering. He said his client had probable cause to arrest Vaughn because he was in a park after midnight, admitted to drinking and was with a passenger who had suspected marijuana.

Fiorito could not be reached for comment.

The Independent Police Review Authority has confirmed there is a pending investigation against Fiorito.