Another Chicago DUI Checkpoint alert. Be careful out there, folks.

ROADSIDE SAFETY CHECK IN THE GRAND CROSSING (003RD) DISTRICT

The Chicago Police Department will conduct a Roadside Safety Check in the Grand
Crossing (003rd) District at 7424 S. Stony Island. The Roadside Safety Check will commence
at 8:00 p.m. on Friday, November 20, 2009 and end at 4:00 a.m. on Saturday, November 21,
2009.

During roadside checks, police officers slow down traffic, stop cars at regular intervals
and watch for drivers who show signs of alcohol impairment and other violations as noted
below.

“The program is designated to apprehend drivers who are operating vehicles while
under the influence of alcohol or drugs,” said Superintendent Jody Weis. “It also offers an
opportunity to issue citations to drivers who are otherwise a hazard to themselves and others
on the public way.”

The Roadside Safety Check conducted in the Near North (018th) District on November
14-15, 2009 resulted in the following:

Driving Under the Influence 8
Open Liquor 3
Insurance Violations 17
Seat Belt Violations 0
Drivers License Violations 20
City Stickers Violations 2
Traffic Violations (Other) 8
Total Citations 58

Pennsylvania Hospitals in two counties will no longer conduct blood test on drunk driving cases.  The reason?  Well one blogger points out that apparently challenges to the hospital’s procedures by DUI Defense Attorneys made the hospital fearful that they would lose their scientific accreditation.

Hospital explains ban on DUI tests

The Times reported Wednesday that WellSpan affiliated hospitals in Adams and York counties have either discontinued conducting blood alcohol content (BAC) tests for police, or will be discontinuing.

Police said Gettysburg Hospital will continue to draw the blood samples, but will not test them. The blood would be placed in test kits to enable police to send the sample to another laboratory of their choice, most likely by Fed-Ex.

Lavery stated there were two fundamental reasons for the discontinuation of the service, the first concerning accreditation of the hospital’s laboratory and the second relating to increased demands on the laboratory.

Regarding accreditation, he said, “In our case, the hospital laboratory is unable to meet a new testing regulation introduced by the College of American Pathologists. They generate standards and they are our primary accreditation agency.”

“If we were to lose accreditation by not adhering to their regulations, we’d really jeopardize the lab’s primary role of providing health care to our patients,” Lavery said.

The story behind the change in hospital policy is interesting and originally covered in depth at The Minnesota DWI Defense Blog. As reported by the Minnesota DWI Defense Blog, Attorney Justin McShane had regularly obtained court orders which placed the hospital labs under great scrutiny and drained significant resources. The scrutiny jeopardized the hospitals’ lab accreditation with scientific organizations when McShane exposed the unscientific methods. The loss of accreditation would have been extremely costly to the hospitals. In the end, rather than risk the loss of their accreditation under further intense scrutiny and exposure, the hospitals and clinics have informed police they will not longer analyze the blood samples.

In addition, the legal system, particularly DUI defense attorneys, are demanding more and more from laboratories that conduct BAC testing.

“Attorneys are mandating that a clinical (hospital) lab be able to demonstrate forensic abilities, to respond to documents, provide staff competency documentation…those are things a forensic lab is more equipped to handle,” he stated.

Yes, we can imagine how asking for documentation to back up a “scientific test” must be highly burdensome to a scientific lab.

We’ve long heard the cry that the idea behind getting drunk drivers off the road is the danger that they present to the community.  Never mind activities such as texting while driving have been proven to be far more dangerous than having a couple of glasses of wine with dinner,  groups such as MADD are relentless in attempting to enforce a prohibitionist state.  And how does MADD promote their agenda – money, of course.

Enfield, CT. Police Get Grant To Bolster Drunken-Driving Enforcement

ENFIELD — – The police department has received a $129,000 grant to increase drunken-driving enforcement, and expects to double its number of DUI arrests by the end of the year.

Sgt. Charles Grasso said the grant, administered by the state Department of Transportation, will put two more officers on the road Friday and Saturday nights until the end of next summer.

“Expects to double its number of DUI arrests”?  By adding 2 officers on Friday and Saturday nights?  How can they be so sure that so many people are drunk driving?  Or could it be that with money comes expectations & quotas – the kind of which encourage the Police to violate your Constitutional protections in the name of a DUI arrest.

Grasso said the department has tried to be proactive in increasing the number of DUI arrests, which helped get the grant money. The extra officers are valuable to crime enforcement he said, in part because their presence deters crimes.

“Proactive”?  What does that mean?  In other words, too bad if you are not doing anything wrong, Grasso’s merry band of DUI Coppers will find you and arrest you anyways.  But why, all of a sudden, is Grasso so interested in drunk driving enforcement?

Grasso has been appointed to serve on the state Mothers Against Drunk Driving commission, which he said will get the department and the town involved in state and legislative initiatives.

Oh, we get it now.  MADD offers a board position to Grasso, gets the Federal Government to throw your tax dollars at his department and Grasso promises to deliver the goods (DUI arrests).  Wow.

Our Lawyers have long rallied against the severity of this State’s current DUI Laws.  We have noted how groups like MADD want to punish everyone as harshly as possible, regardless if you are a first time offender or not. ( see Kansas Considering Special DUI Courts – MADD Wants Punishment).

We also long argued that groups like MADD use extreme arguments to justify their continued war on our Constitutional Rights (see Another “Extreme” Argument For Jailing 1st Time DUI Offenders)

Well finally the harshness of drunk driving laws is getting a second look as a sympathetic Defendant gets City wide attention.

Illegal immigrant earns support of City Council committee to stay

After an emotional appeal from a straight-A student facing deportation in 33 days, a City Council committee agreed Friday to champion the cause of Rigo Padilla and others caught in the switches while awaiting immigration reform.

The Human Relations Committee unanimously approved a resolution urging the U.S. Homeland Security Department to stop deportation proceedings against Padilla and all other immigrant students who would be eligible for legal status under the so-called DREAM Act still pending before Congress.

On Jan. 18, Padilla was driving home from watching a football playoff game on TV after having a few beers with friends when he was arrested. He was charged with driving under the influence after being accused of rolling through a stop sign.

He was taken to Cook County Jail. When a public defender found out that he was an undocumented immigrant, he was reported to Immigration and Customs Enforcement.

The damage was done. Although Padilla was released with an electronic monitoring device and given court supervision for the traffic violation, he was put on the fast track to deportation. That day of reckoning is 33 days away.

“It is a mistake that I made, and I do have to face the reality. I am sorry for it. I’m just hoping and seeking support to stay in this country,” said Padilla.

Padilla came to Chicago 15 years ago from Jalisco, Mexico, with his mother and sisters to join his father.

Human Relations Committee Chairman Helen Shiller (46th) responded: “You’re referring to a minor traffic violation as a mistake that you made. But you’re being punished for something that occurred when you were 6, so I don’t think you can be responsible.”

Wait a minute.  “Minor traffic violation”?  Padilla was arrested for DUI! The very same “crime” for which MADD urges punishment, jail time, and revocation of driving privileges.  So is drunk driving a “crime” or “minor traffic violation”?  What about a first time drunk driver with no criminal history?  How should they be treated?  Obviously we agree with Alderman Shiller.

Ald. Roberto Maldonado (26th) branded Padilla’s case a “tragedy” that “reflects how broken our immigration system is.” He said that under President Obama, “We have seen more deportations and separation of families than we have seen under Republicans.”

This arrest reflects far more than the “broken immigration system”, Alderman Maldonado, it reflects how ridiculous the punishment for first time drunk drivers is.

“Shame on the Democrats. Shame on this administration. We really need to put the pressure on. Aside from helping the banks [avoid] bankruptcy and reforming health care, immigration reform should be a top priority,” Maldonado said.

And shame on MADD, Legislators, and everyone else hell-bent on making sure that first-time DUI offenders are treated like recidivist monsters, when all they did was make the same “mistake” as Mr. Padilla, a minor traffic violation.

Our Chicago Lawyers have blogged about DUIs on a  bar stool, a horse, a riding mower, a golf cart, and a La-Z-Boy.  Authorities have now found another way to separate you from your money – DUI on a Tractor.

Police: Pa. man charged with DUI was drunk when he drove lawn tractor to buy more beer

EXPORT, Pa. (AP) — Pennsylvania State Police say a man was drunk when he hopped on a lawn tractor and drove it to buy more beer.

Police say 63-year-old Ford Earl Broome, of Export, was stopped by a state trooper at about 8 p.m. on Sept. 6.

The trooper says he stopped Broome near a tavern, and that Broome smelled of alcohol and appeared to be drunk. Police say Broome denied drinking, but then acknowledged he “drank a little” before driving the tractor to a bar to buy more beer.

Police say Broome’s blood-alcohol content was about double the state’s legal limit for drivers.

Another “maniac” off our roads.  Bravo.

Gerald Gibson, named “Trooper of the year” for  making the most drunk driving arrests in his county, was arrested for DUI.  Either he didn’t know better or thinks that the laws don’t apply to him.

Ohio trooper honored by MADD for making most DUI arrests in 1997 charged with drunken driving

LIMA, Ohio (AP) — A state trooper in northwest Ohio who was honored by Mothers Against Drunk Driving in 1997 for the number of drunken-driving arrests he made has been charged with drunken driving.

A patrol spokesman said Monday that Gerald Gibson had taken leave following his arrest last weekend.

Gibson was off duty Sunday when Waynesfield police say he drifted over the center lane and then refused to take a Breathalyzer test. Waynesfield is 12 miles northwest of Lima.

Mothers Against Drunk Driving honored Gibson in 1997 for making the most drunken-driving arrests by a Lima trooper. He was named trooper of the year in 2002 in Lima.

Once again MADD is silent as to whether they will rescind the honors bestowed on Gibson.

Watch out folks.  Another Chicago DUI Checkpoint coming up today.

DUI STRIKE FORCE PATROL IN THE GRAND CENTRAL (025TH) DISTRICT

The Chicago Police Department will conduct a DUI Strike Force Patrol in the Grand
Central (025th) District beginning at 7:00 p.m., Friday, November 13, 2009 and ending at 3:00
a.m. on Saturday, November 14, 2009.

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.

In addition, the Breath Alcohol Testing (BAT) Mobile Unit may also be deployed to allow
officers to expedite the process of charging a person with Driving Under the Influence (DUI)
prior to transporting an alleged into the nearest lockup for bonding. The mobile unit also allows
for Individual Recognizance Bonds (I-Bonds) to be issued at the site of the DUI Strike Force
Patrol.

The DUI Strike Force Patrol conducted in the Shakespeare (014th) District on October
31, 2009 resulted in the following:

Driving under the influence 4
Open Liquor 2
Insurance Violations 16
Occupant Protection 8
Drivers License Violations 12
City Sticker Violations 16
Speeding 7
Traffic Violations (Other) 61
Total Violations 126

Our Chicago DUI Attorneys often remind our clients not to make any statements to the police, especially like the statement in the following story.

Indiana DUI suspect tells cops ‘Dude, I do this every night,’ police say

A northwest Indiana man was arrested early Thursday morning near Portage and accused of driving with a blood-alcohol level almost four times the state’s legal limit of .08 percent.

“Dude, I do this every night; I’m straight up and not drunk!” Zachary Duis told an Indiana state trooper after he was pulled over, police said.

The unfortunately named Duis, 24, of Portage, was charged with operating a vehicle while intoxicated. He was also wanted on two Porter County warrants for resisting law enforcement and furnishing alcohol to a minor, both misdemeanors.

A Porter County sheriff’s deputy pulled over the 1995 Chevrolet S-10 pickup about 2:20 a.m., and the state trooper arrived shortly after.

Duis failed field sobriety tests and was taken to the Portage Police Department for a certified breath test, state police said.

He was later taken to the Porter County Jail.

Another Chicago DUI “no probable cause necessary” checkpoint this weekend.  Be careful out there, folks.

ROADSIDE SAFETY CHECK IN THE WENTWORTH (002ND) DISTRICT

The Chicago Police Department will conduct a Roadside Safety Check in the Wentworth (002nd) District at Garfield at Perry. The Roadside Safety Check will commence at 8:00 p.m. on Friday, November 6, 2009 and end at 4:00 a.m. on Saturday, November 7, 2009.

During roadside checks, police officers slow down traffic, stop cars at regular intervals and watch for drivers who show signs of alcohol impairment and other violations as noted below.

“The program is designated to apprehend drivers who are operating vehicles while under the influence of alcohol or drugs,” said Superintendent Jody Weis. “It also offers an opportunity to issue citations to drivers who are otherwise a hazard to themselves and others on the public way.”

The Roadside Safety Check conducted in the Englewood (007th) District on October 24, 2009 resulted in the following:

Driving Under the Influence 12
Open Liquor 3
Insurance Violations 9
Seat Belt Violations 0
Drivers License Violations 20
City Stickers Violations 1
Traffic Violations (Other) 14
Total Citations 59

Our Chicago DUI Lawyers previously wrote about Kane County’s “No Refusal” weekend coming back for Halloween. Today, Kane County is reporting that the weekend was a huge success (in violating people’s Constitutional Rights).

DUI crackdown: Kane County’s ‘no refusal’ enforcement is its biggest ever

A woman dressed as a geisha for Halloween was one of 14 drunken-driving suspects arrested last weekend in the biggest “no-refusal” enforcement ever conducted in Kane County.

Thirteen police agencies — 11 municipal departments, the Kane County sheriff’s office and Illinois State Police — participated in the DUI crackdown on Friday and Saturday nights, the most since the program started in 2008.

How many people were shot over that same period?  Do 13 different police departments really need to put all their manpower into this? For 14 arrests?

Of those drivers arrested, only two initially refused to provide a breath sample, a decision that takes the driver to either the St. Charles or Elgin police stations. Kane County assistant state’s attorneys were on hand at both stations to draft a search warrant to be signed by a judge, aimed at compelling the DUI suspect to provide a breath or blood sample.

How nice.  Were any Defense Lawyers set up ambush style at the Police station like the State’s Attorney was?