Chicago DUI Lawyers Alert: Supreme Court Refuses To Hear Appeal Of Cop Arrested For DUI

Here’s another cautionary tale which once again shows the importance of having a quality DUI lawyer to protect your rights.

The Supreme Court of Illinois has denied the Fraternal Order of Police Lodge’s petition for leave to appeal the case of People v. Carey. At issue was the Appellate Court‘s ruling that a breathalyzer examination that was given during an internal affairs investigation would be admissible at a criminal proceeding , despite promises that the State would not use the exam against the Defendant.

The background of the case is as follows:

On May 5, 2006, defendant, Chicago Police Officer Kevin Carey, was arrested and charged with DUI (625 ILCS 5/11-501(a)(2) and aggravated assault (720 ILCS 5/12-2(a)(1).

Upon his arrest, Officer Carey initially refused a Breathalyzer. Later he was ordered to submit to one as part of the Internal Affairs investigation into this matter. He was told that it would not be used against him in Court. Despite those promises, the State attempted to use the results of that Breathalyzer against him. The Appellate Court held that even if officer was misled by the promise that test would not be used in a criminal prosecution, the test was admissible and could be used in the criminal proceeding!

What does this tell us?

Obviously it is important to hire a DUI lawyer right away. The right DUI lawyer is going to fight for your rights and protect you from investigators and prosecutors whose only job is to make sure that you are convicted of a DUI – and they will use any means they can to get a conviction.

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 [email protected]