Articles Posted in DUI

A Chicago Tribune investigation revealed that federally backed DUI patrols and sobriety checkpoints in Illinois usually result in ticketing drivers for minor infractions rather than drunk driving. Of the 270,000 citations issued across the state through these patrols, 93% were for less serious offenses than DUI. Records from 2008 to 2013 reveal that ten police agencies throughout the state accounted for more than half of the citations issued by these patrols. These agencies include Chicago, Skokie, Elgin, Will County, Waukegan and Illinois State Police.

The Skokie Police Department logged 14,000 citations through their drunk driving patrols, but only about 3% of the citations were for DUI. The Elgin Police Department issued around the same number of citations, but arrested more than twice as many drunk drivers as Skokie. About 7% of Will County’s citations through these patrols were for DUI and about 11 percent of Waukegan police’s citations were for DUI.

Last year, a Des Plaines commander padded the number of DUI arrests made by his department in an effort to collect federal grant money. At his sentencing hearing, his attorney spoke of the pressure the commander was under in meeting the department’s quotas.

An Aurora man was arrested on suspicion of drunk driving after allegedly threatening to fight a customer in the McDonald’s drive-thru line.

Just after midnight on Monday, Aurora police were called to a home after reports that someone was playing music too loudly in a maroon Jeep. When police arrived, they found Daniel Garibay sitting in the vehicle. Police reports indicate that Garibay appeared to be drunk and that officers warned him not to drive. Officers then left the residence and believed the incident to be over.

However, about an hour later, a McDonald’s employee called police, stating that someone in a maroon Jeep was being disruptive in the drive-thru line. The same officers that had responded to the earlier call arrived at McDonalds and quickly realized that this was the same man they had earlier warned not to drive. Besides threatening to fight another customer, the restaurant manager stated that she believed Garibay to be drunk after he seemed confused and had trouble speaking when ordering.

A Tribune investigation revealed that the driver’s licenses of thousands of drunk drivers have not been suspended because the arrests of these drivers are not being logged into state computers. While state officials blame the police for failing to send their reports to the Illinois Secretary of State, the police departments say that they put all necessary paperwork in the mail. While the root of the problem is relatively unclear, the Tribune noted that the mistakes appear to be widespread. In fact, since 2010, more than 3,000 Chicago area drivers’ arrests were not logged and as many as one in 15 DUI defendants do not have suspended licenses in DuPage County.

Police in other states are permitted to log arrests electronically, making the process more efficient and reliable. However, Illinois has not yet made this change and does not expect to for at least a year or likely longer.

In Illinois, the suspension process begins with paper forms that the officers fill out by hand which are mailed to a state office building in Springfield. The state workers then enter the information into the computer, which requires deciphering the officers’ handwriting. There are many opportunities for mistakes to occur, such as the use of improper forms, forms getting lost in the mail or in Springfield and illegible handwriting.

A Florida attorney has a recommendation for dealing with DUI checkpoints. He says that individuals should place their license and registration up to their window with a flyer saying that they have no comment, will not permit a search, and want a lawyer.

Warren Redlich and an associate, Jeff Gray, have created a website, posting videos of their interactions with police at DUI checkpoints. The video from December 31, 2014, has been viewed more than 2 million times. It was filmed at a checkpoint in Levy County, Florida. The video shows Gray stopping at the checkpoint and displaying a flyer stating, “I remain silent. No searches. I want my lawyer,” along with his license, registration and insurance card in a plastic bag dangling out of the barely open window. The officer examines the documentation with his flashlight and allows Gray to drive through the checkpoint. The Broward County Sherriff’s Office stated that Gray was allowed to go through the checkpoint because “he clearly was not driving while intoxicated.”

Police are unhappy with the tactics being used by Redlich, and insist that drivers must speak with police at the checkpoints. However, Redlich is not backing down and has created flyers for 10 states, each slightly different due to differences in DUI laws. He says there are more flyers on the way.