Chicago DUI Attorney Examine: Police Given Passes On Drunk Driving

Chicago DUI Lawyers were recently surprised at the latest ruling in the drunk driving case involving a Chicago Police Officer who killed 2 people

Judge tosses out officer’s DUI arrest

Chicago – For more than two years, the families of two young men killed in a Thanksgiving Day collision with an off-duty Chicago police officer have fought to prove the officer was drunk and responsible for the deaths.

But Tuesday, a Cook County judge handed them their latest setback, saying the officer was arrested and detained without probable cause, a ruling the families fear guts the prosecution’s case.

Circuit Judge Thomas Gainer ruled police had no probable cause to arrest for DUI off-duty Officer John Ardelean, 36. The judge harshly criticized police Lt. John Magruder, who ordered Ardelean arrested a few hours after the crash when he said he detected alcohol on his breath and noticed bloodshot eyes. None of the four police officers at the crash scene — or a responding Chicago Fire Department emergency medical technician — reported noticing any sign that Ardelean was drunk.

So what is the Judge’s theory? That all the people at the scene were correct and the Lieutenant made up his observations of alcohol on the breath and blood shot eyes? And since when is an order of alcohol and blood shot eyes NOT probable cause? Our Chicago DUI Lawyers have seen thousands of cases just like that, none of which were dismissed.

The case has been a legal roller coaster. Ardelean initially was charged with misdemeanor drunken driving, but by January 2008 the charges were upgraded to felony counts of aggravated driving under the influence. Prosecutors cited a video recording from a nightclub they said showed Ardelean drinking three beers and four shots in a little more than two hours. Shortly after that, his SUV slammed into the victims’ car at Damen and Oakdale avenues while traveling more than 60 mph, authorities said. By May 2008 prosecutors told the families they were dropping the investigation because of insufficient evidence.

Insufficient evidence? A video showing the officer drinking beer and shots moments before wrecking his car? Wow.

The scariest thing is that this is just one example. Look what’s going on in New Jersey.

N.J. police looks the other way after fellow trooper drinks and drives

TRENTON – It had all the makings of a routine motor vehicle stop. Police officer Ronald Gorneau spotted a silver Toyota swerving and pulled it over. The driver, Sheila McKaig, admitted she had drunk “a lot” before getting behind the wheel, according to the incident report.

Then she told Gorneau she was a state trooper, and the stop in Hamilton Township, Atlantic County, was no longer routine. Instead of being charged, McKaig was driven to the township’s police station, where fellow troopers picked her up.

Good thing the penalties for drunk driving include fines so that law enforcement can afford to have your tax dollars pay to chauffeur drunk state troopers home. Hopefully this was just an isolated incident.

It was not an isolated incident. In fact, it was the third time in three months in early 2008 that an off-duty McKaig was stopped by Hamilton police after drinking, according to a State Police document. Each time no blood-alcohol test was given, no charges were filed and no ticket was written. Hamilton police were concerned enough that they didn’t let McKaig drive home after the second and third stops involving alcohol, documents show.

Three stops? The penalties for drunk driving in most states would result in the loss of driving privileges, fines, fees, jail time, etc… What happened to McKaig?

All told, McKaig was stopped 10 times for various offenses over a 14-month period, but she has never received a traffic ticket in New Jersey.

Disgusting. Hopefully the next time McKaig pulls someone over, she’ll extend the same courtesy.