Articles Posted in DUI

According to police, Mark Grace, former Cubs first baseman, could face felony aggravated DUI charges after he was arrested last month in Scottsdale, Arizona. A request for an upgraded charge was filed to the Maricopa County Attorney’s office after Grace picked up his second DUI arrest in less than 15 months.

Grace is working as an Arizona Diamondbacks TV analyst; he has been on an indefinite leave of absence since the August 23rd arrest. Grace was allegedly stopped for having an expired license plate and arrested after failing a field sobriety test. He was allegedly driving on a suspended license which resulted from his earlier DUI arrest. It was required that Grace drive only with an interlock ignition device. Both his suspended license and the failure to use the device are basis to upgrade the DUI charge. A police spokesman claimed that blood tests showed Grace had a BAC of .095, above the .08 legal limit.

Felony charge possible for ex-Cub Mark Grace, www.suntimes.com, September 18, 2012

The City of Chicago has agreed to settle with the remaining drivers who alleged false DUI charges by former Chicago Police Officer Richard Fiorito. Fiorito was pulled from street duty three years ago after mounting allegations that he had falsified dozens of DUI charges. He had once been honored by Mothers Against Drunk Driving for his arrest record.

The Cook County state’s attorney’s office dropped DUI charges against more than 130 drivers arrested by Fiorito. However, in 2010, county prosecutors declined to prosecute the officer. Some of the drivers were unable to pursue damages against Fiorito after previously pleading guilty to lesser traffic offenses in exchange for the dismissal of the DUI charge.

James Dean Jr. was awarded $100,000 after suing Fiorito for false arrest and malicious prosecution. Four months earlier, the city settled a similar case for $100,000. The city also agreed to pay $250,000 in legal fees for the lawyers of both drivers. The matter was resolved the night before Dean’s trial. The city did not admit wrongdoing on Fiorito’s part. Reportedly, in a recent interview Fiorito stood by all of his DUI arrests and said that he did not regret one day of his 13 year tenure. He resigned from the force in December.

Yvette Guerrero-Silva, 40, of Steger is charged with aggravated DUI after allegedly inadvertently reversing over her child Wednesday evening. Crete police claim that Guerrero-Silva was backing her minivan out of the driveway of a family business around 7:10 p.m. when she ran over her daughter Holly, 19-months-old, causing serious head injuries. The child was reportedly playing near the vehicle. Paramedics transported the her to an area hospital but she was pronounced dead a short time later. The death was ruled an accident.

Guerrero-Silva allegedly admitted that she consumed several alcoholic beverages prior to the accident and a blood test indicated that her BAC was above a .08. Specifically, Guerrero-Silva is charged with aggravated DUI leading to the death of another, a Class 2 felony punishable but up to seven years in prison. She was also charged with aggravated DUI causing injury to another, a Class 4 felony punishable by up to three years in prison. As of Friday, Guerrero-Silva is being held a the Will County Adult Detention Facility on $1 million bond.

Mom charged with DUI after running over baby daughter, www.chicagotribune.com, July 20, 2012

Former Lake County Chief Judge, David Hall, was found not guilty of DUI after trial on Monday. Judge Hall had stepped down from his position after the arrest on April 26, 2008 and retired earlier this month after being diagnosed with Lou Gehrig’s disease. Hall was found guilty of resisting arrest during the incident. The Kane County Judge brought in to preside over the trial, sentenced Hall to 100 hours of community service, 18 months probation, and a $1,000.00 fine plus court costs.

A blood test taken after the arrest at the hospital, resulted in a BAC of .10, above the .08 legal limit. However, an appeals court ruled that the blood sample was inadmissible due to mishandling. The second officer on the scene testified at trial that Hall attempted to roll up his window, refused to exit his vehicle and turned his ignition. The officer who pepper-sprayed the judge during the traffic stop died from a heart attack a few weeks after the incident.

Hall later filed an excessive force lawsuit against the two Vernon Hills officers who arrested him.

According to police, Victor Rocha, 34, of Chicago was arrested on Thursday at approximately 2:30 a.m. for driving under the influence and driving the wrong way on I-290. According to the Illinois State Police, this is the second time Rocha has been involved in such a scenario. In 2010, he was also charged for driving the wrong way while under the influence at the Orleans and Superior intersection in Chicago.

In this most recent case, Rocha allegedly drove eastbound in the westbound lanes of I-290 before merging northbound onto the ramp from I-90 southbound near Schaumburg. An Illinois Department of Transportation truck reportedly stopped Rocha’s vehicle before an Illinois State trooper arrived at the scene.

Rocha is charged with felony aggravated DUI, driving the wrong way, disobeying a traffic control device, and driving on a revoked driver’s license.

Martin Johnson was arrested Tuesday around 5 p.m. on multiple counts including driving under the influence after allegedly speeding past the Harrison District police station and almost striking a police car. According to police reports, once Chicago officers curbed the vehicle, the believed that Johnson had been drinking and found open liquor in the vehicle. Johnson reportedly told officer’s “I’ll give you $5,000 if you’ll let me go.” He allegedly handed over a flash drive containing lists of credit card and Social Security numbers.

According to the Secretary of State, Johnson has been convicted of DUI three times and his license is currently revoked until 2021. In addition, he has previously been arrested eight times for driving with a revoked license. Johnson is not charged with DUI, bribery, and driving on a revoked license. The police department’s financial crimes unit is investigating the contents of the flash drive and additional charges may be filed.

As of midday Thursday, Johnson was being held at Cook County Jail on $60,000 bail.