Articles Posted in DUI

A Louisiana media outlet discusses the increasing use of social media to raise immediate awareness anytime a new DUI checkpoint is set up. The article describes the notification of roadblocks as ‘Cheating Checkpoints’. While the Supreme Court has upheld such roadblocks (despite the lack of reasonable suspicion or probable cause to believe a crime has been committed) others would call it a public service by alerting those who have committed no crime and believe that this type of police conduct violates their civil liberties. However, the law REQUIRES that for such roadblocks to be constitutional the police must give ADVANCE NOTICE. This is a another example of media ignorance.

Cheating Checkpoints: Facebook page alerts BR drivers to DWI checkpoints, www.fox44.com, April 30, 2014

Chief Keef (real name Keith Cozart) was charged earlier this month with driving under the influence of drugs by Highland Park police. According to authorities, on March 5 at approximately 12:40 a.m., Keef was pulled over in the 2600 block of Skokie Valley Road for an expired registration on his Jeep Grand Cherokee. Police allegedly smelled an odor of burnt cannabis during the traffic stop. Keef was charged with DUI after reportedly failing field sobriety tests.

Keef was also charged with driving on a suspended license, operating an uninsured motor vehicle and expired registration. He was released the following day after posting a $300 bond. Keef’s arraignment on the new charge is scheduled for April 11 at the Waukegan Courthouse.

This incident comes after Keef recently completed a 90-day mandatory drug rehabilitation program in California.

Des Plaines has settled with the Illinois Department of Transportation, agreeing to pay $92,000 for allegedly faking DUI arrest numbers to increase grant-funded overtime pay. The Sustained Traffic Enforcement Program requires that police departments submit the number of DUI arrests and the blood alcohol levels of those arrested. The department is then reimbursed for officer overtime pay, mileage and equipment. An investigation in 2012 was prompted when city leaders informed IDOT that some allegedly fraudulent DUI arrests had been submitted as part of the program. From 2009 to 2012, DUI arrests were inflated by 122 according to authorities.

Des Plaines was paid more than $115,000 in the year prior to the investigation. That amount was the third highest STEP grant in Illinois. Thirteen members of the department were penalized with suspensions and criminal charges were filed against Timothy Veit, the former commander in charge of the program. Veit pled not guilty to one felony charge of making false statements – his case is still pending.

Des Plaines to pay IDOT $92,000 to settle police grant case, www.chicagotribune.com, February 19, 2014

DuPage County prosecutors are asking that a special prosecutor be appointed in the DUI case of Chicago reporter Dave Savini due to a potential conflict of interest. According to a spokesman, a member of the DuPage County State’s Attorney’s office is a relative of Savini’s. If the request is granted, a special prosecutor from outside DuPage County would be assigned to the case.

Savini, a 47 year-old investigative television reporter for Chicago’s WBBM-Channel 2, was arrested January 4 after allegedly hitting a vehicle in the parking lot of a Naperville Taco Bell. According to police, when the other driver attempted to photograph Savini’s license plate, Savini allegedly pushed the driver and left the scene. The driver called police and Savini was stopped shortly afterward. Two children under the age of 18 were also in the vehicle. Savini reportedly failed a field sobriety test and a breath test resulted in a .134 BAC. Savini is charged with DUI, battery, endangering the health of a child, and leaving the scene of an accident.

Outside prosecutor sought in DUI case of TV reporter Dave Savini, www.suntimes.com, January 14, 2014

A Chicago woman charged with DUI filed a lawsuit Tuesday in U.S. District Court claiming that a Skokie Police Officer used excessive force during her arrest. According to police reports, Cassandra Feuerstein, 47, was charged with driving under the influence of alcohol after she was found parked in the middle of an intersection, slumped over inside her vehicle with her right foot resting on the brake pedal.

Once back at the station, video reportedly shows a man in a police uniform pushing her into a cell and her head striking a concrete bench. The suit states that Officer Michael Hart “used so much force that she was flung across the cell head first into a cement bench at the far side of the cell.” Feuerstein’s face “split open” and she began to bleed profusely. According to her lawyer, she broke several bones in her face. She underwent facial reconstruction surgery and has a titanium plate in her face. Her attorney says that she had no prior arrests or DUI charges. The lawsuit also alleges that the officer made false statements to others in the department regarding the reason he pushed Feuerstein into the cell, causing other officers to write false reports on the incident.

Feuerstein pleaded guilty to DUI and the charges for obstructing a police officer and additional traffic citations were dismissed. Feuerstein was sentenced to one year of court supervision and approximately $1,600 in fines and court costs. The lawsuit seeks unspecified damages. The village stated that it is “committed to reaching a full resolution in this matter.” The officer involved has been placed on station duty during the investigation.

Since the NTSB recommended reducing the legal limit to 0.05 in May, debate has continued but progress has been minimal. While some research has suggested that lowering the legal limit could save 500 to 1,000 lives a year, critics have argued numerous flaws in the recommended reduction. Debate continues to surround the question of when alcohol impairment becomes criminally negligent. How does a .05 BAC differ from impairment caused by drowsiness, cellphone use or medication? When are we punishing responsible behavior? Research results span the spectrum of answers. In addition, a number of expected proponents of the change including Mothers Against Drunk Driving (MADD) and the Illinois Secretary of State Jesse White have not provided support for the initiative. The Secretary of State and MADD have only pushed for legislation increasing use of breath alcohol ignition interlock (BAIID) devices. Reportedly, no Illinois legislators have drafted bills to change the current DUI law and lower the legal level at this juncture.

Push to lower legal limit of intoxication to 0.05 stirs debate, www.chicagotribune.com, September 1, 2013

Chicago Police Officer Harold Rodriguez, 46, is facing lawsuits filed by three former DUI defendants for wrongful-arrest. Gregory Sledge, one of the three men making these allegations against Rodriguez, claims he was framed last year for driving under the influence. Rodriguez claimed in his police report that he smelled a strong scent of burning cannabis emanating from Sledge’s vehicle. However, no drugs were ever recovered. Additionally, all three men claim that Rodriguez stole money from their wallets after they were arrested. Their attorney alleges that Rodriguez “wanted to supplement his city salary, so he abused his badge and power to coerce bribes, steal cash and falsely arrest innocent people for the overtime pay associated with DUI arrests.” A fourth individual is suing Rodriguez for stealing $400 in a traffic stop that ultimately did not result in an arrest.

Rodriguez was arrested in September on corruption charges after he was allegedly caught taking a $5,000 bribe in a Dunkin’ Donuts bag to fix a traffic case. After the arrest, prosecutors dropped the DUI cases against all three men that filed suit for wrongful-arrest.

Men claim Chicago cop falsely arrested them for DUI, www.suntimes.com, May 24, 2013

Limo/Party bus driver, Richard Madison, 54, of Palos Hills is charged with DUI after driving 24 students to their high school prom. The teens reportedly witnessed Madison jump a median and cut off three cars before taking the teens to the wrong hotel 5 miles from their actual destination. There were also reports that the driver had red eyes and was stumbling. Some of the students called their parents due to the erratic driving. Two off-duty police officers handled the situation when the limo arrived at the prom. Madison was subsequently arrested by DuPage County Sheriff’s deputies for driving under the influence of alcohol and reckless conduct.

Madison’s BAC was allegedly six times the legal limit for a person operating with a commercial driver’s license (CDL). The legal limit is .04 for CDL drivers. Madison claims mechanical issues were at fault and he is innocent of the allegations.

Chicago limo driver arrested for drunk driving after taking 23 teens to prom, www.foxnews.com, May 13, 2013

Julio Martinez may be awarded $325,000 after sustaining a beating by a Chicago Police officer while handcuffed to a metal bar in a holding room after falsely charged with DUI. Martinez, a hemophiliac, was treated for a possible skull fracture in March 2006 after being beaten by Officer John Haleas. Haleas was formerly known as a “top DUI cop” for making a high volume of DUI arrests in Chicago, but eventually lost his badge after accusations of falsifying DUI arrests arose in 2008. He pled guilty last year to attempted obstruction of justice and received a five-day suspension, which was eventually reduced to a one-day suspension. He is now assigned to the Records Division earning nearly $81,000 a year. Alderman Willie Cochran has called the position “unacceptable.”

In 2005/06, Haleas made 718 arrests, but 156 of those arrests were dismissed after he was himself arrested. Two Cook County prosecutors witnessed the officer’s alleged failure to give a DUI suspect a field sobriety test or read a DUI suspect the warnings of refusing or taking a breathalyzer test. Nine lawsuits were reportedly filed against Haleas and the City of Chicago, with more than 25 people alleging wrongdoing by Haleas.

On Monday, the City Council’s Finance Committee recommended the $325,000 settlement. The recommendation will go to the full council on Wednesday for approval.