Chicago DUI Lawyers Examine Police Misconduct During DUI Arrests

Think that once arrested for DUI that you can’t fight back? Think that the police are untouchable? Not so say our Chicago DUI Attorneys. In the news today was a Florida case in which an officer, who had made hundreds of DUI arrests, now faces legal action for ignoring sheriff’s office procedures for making arrests and for turning in DUI reports. Here the link to the complete story: Fired Deputy, Hillsborough Sheriff Sued Over DUI Arrest.

This story reminded our Chicago DUI Lawyers of another disgraced Officer, Chicago Police Officer John Haleas, who was also honored for the number of DUI arrests that he made – until it was discovered he was making up false reports to help convict people of DUI. That story can be found here: 50 DUI cases dropped over cop’s improper procedure.

These stories illustrate the need for people who have been arrested for DUI to retain aggressive DUI lawyers who will fight for your rights, and not someone who charges you a couple of hundred bucks to plea you guilty.

Have you been arrested for DUI in Chicago or the surrounding suburbs? Need an experienced Chicago DUI Lawyer? The Law Offices of James E. Fabbrini have years of experience protecting people charged with DUI. From first time DUI offenders to felony DUI, our Chicago DUI lawyers have successfully fought DUI charges in Chicago and the surrounding areas.

Protect your freedom, avoid trouble, and save yourself money. Contact our office today. All consultations are absolutely free. Call us at (312) 494-3131 or e-mail us your questions at Contact@WindyCityLawFirm.com

Fired Deputy, Hillsborough Sheriff Sued Over DUI Arrest

By Tom Brennan

Tampa Bay Online

Thurs., Feb. 12, 2009

TAMPA – A Lithia man who claims he was unjustly arrested for drunk driving in 2006 has sued the deputy who charged him, Sheriff David Gee and the Hillsborough County Sheriff’s Office.

Robert Reed, 44, claims former Deputy Daniel Eugene Brock verbally accosted him, falsely arrested him and later defrauded his insurance company.

Brock was the county’s top deputy for DUI arrests until he was fired in May 2007. A Florida Department of Law Enforcement review exonerated him of falsifying DUI arrest records, but an internal investigation found he ignored sheriff’s office procedures for making arrests and for turning in DUI reports.

According to the lawsuit filed Wednesday in Hillsborough County Circuit Court, Gee and the sheriff’s office knew or should have known of Brock’s improper conduct and should have fired him before he ticketed Reed.

Sheriff’s spokeswoman Debbie Carter said the department doesn’t comment on pending litigation.

On Feb. 11, 2006, Reed was attempting to turn right onto Lithia-Pinecrest Road when Brock, who was behind him, became impatient and unlawfully passed on the right to make a similar turn, the lawsuit states.

Reed’s vehicle struck Brock’s cruiser when he attempted to make his turn, causing $564 in damage.

Reed contends Brock became verbally abusive. When another deputy arrived, the lawsuit states, Brock claimed he smelled alcohol coming from Reed’s vehicle even though he was several feet away and it was raining heavily.

Reed refused to take a blood test and was arrested. He pleaded guilty to reckless driving and was fined and ordered to pay court costs totaling $524.

In the interim, controversy began to swirl around Brock as news reports claimed dozens of people may have been wrongly jailed. His record became the subject of official investigations after he charged a reserve deputy who publicly complained.

Brock called his firing unfair and said he was a scapegoat for prosecutors and the victim of a personal grudge by investigators.

Between October 2005 and October 2006, Brock made 313 DUI arrests. Of those, he did not record a video about 40 percent of the time.

In 58 arrests the suspect’s blood-alcohol content was lower than the level at which state law assumes impairment, the internal investigation found.

A county judge allowed Reed to withdraw his plea in May and the state attorney’s office declined further prosecution in the case.

The lawsuit claims Brock told deputies investigating the accident that there were no injuries but later filed a claim against Reed’s insurance that was settled for $750.

Reed is seeking damages of more than $15,000.

50 DUI cases dropped over cop’s improper procedure

Wednesday, October 24, 2007 | 6:16 PM

By Ben Bradley

October 24, 2007 (WLS) — Dozens of drunk driving cases in Chicago have been dropped as the police officer who wrote the tickets is investigated for failing to follow proper procedures. That officer was honored several times in the last five years for writing the most drunk driving citations in the state of Illinois.

The state’s attorney says hundreds of DUI cases may now be in jeopardy. The Chicago Police officer served a suspension, has been reassigned, and faces the possibility of being hit with criminal charges.

There is a big difference of opinion between the Chicago Police Department and the Cook County state’s attorney’s office on just how severe this officer’s credibility problem has become. Prosecutors have already dropped 50 dui cases involving Officer Haleas and worry it may undermine as many as 500 other cases. There are also questions about why a police internal affairs investigation took more than two years to complete. It is all the buzz in traffic court at the Daley Center where Officer John Haleas is something of a local legend.

“He testifies well. He’s not a person you’d see who has malice. It’s not like he’s out to hurt people, at least that’s not the impression you get from him. It’s a bit of a surprise frankly,” said one defense attorney.

The surprise is the officer the Alliance Against Intoxicated Motorists was preparing to honor as the most prolific writer of DUI citations in the state has just been busted off the beat.

In April of 2005, two prosecutors joined Officer Haleas for a ride-along as he pursued people driving under the influence. The prosecutors claim Haleas failed to follow basic procedure, including failing to inform drivers of the consequences of refusing a breathalyzer exam, failure to observe a suspect for at least 20 minutes and failing to give the driver a field sobriety test. However, prosecutors say the police report Officer Haleas filed indicated he did all of those things.

ABC7 asked Chicago Police Spokesperson Monique Bond if she thinks this was one mistake in a single incident or that it is part of a bigger problem. “We can only speak to one allegation that we’re confronted with,” Bond said. “As far as the 500 additional cases, we have no indicating that those cases have been compromised.”

The state’s attorney disagrees. Fifty DUI cases — mainly misdemeanors — have already been dropped. As many as 500 of Haleas’ other cases are being reviewed.

The prosecutors who went on the ride-along with Officer Haleas and observed the alleged infractions made a formal complaint to the Chicago Police Department’s internal affairs division in May of 2005. But it wasn’t until earlier this month — 2 1/2 years after — that internal affairs sustained the complaint. A police spokesperson says investigations take time and chain-of-command must be followed.