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Final notice was given by Mayor Rahm Emanuel’s office Wednesday before the new automated speed cameras near parks and schools we begin issuing real tickets. Some of the cameras have been running under a grace period over the last couple of months but will soon be switching to enforcement mode as early as Wednesday. However, it is now reported that speeders will be given a second chance. The system will send a warning ticket first and the driver is only fined on a second offense.

According to city officials, a $100 fine will be imposed for speeds of 11 mph or more over the limit during the initial phase. Drivers will not yet be ticketed for driving 6 to 9 mph over the limit. Drivers traveling at exactly 10 mph over the limit may face a $35 fine at this time. The city will gradually lower the speed threshold and those speeding 6-10 mph will face a $35 fine.

During the 45-day grace period, the first nine cameras near four city parks issued 222,843 warnings. According to the Tribune, if real tickets, they would reportedly have generated $13.3 million. Projected over an entire year they would have generated $106 million. City City officials argue that revenue will drop as drivers change behavior. They cite statistics demonstrating that warnings issued by the first 9 cameras decreased by 43% within the first two weeks of operation. Enforcement hours are 7 a.m. to 7 p.m. Monday through Friday in school zones and from 6 a.m. to 11 p.m., seven days a week near parks.

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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.

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A Cook County judge reversed herself on Monday, dismissing weapons charges against a Chicago man who had been stopped for speeding and informed the officer that he was carrying a loaded pistol in his holster. The defendant possessed a valid FOID card. This decision came after the recent Illinois Supreme Court ruling striking down part of the state’s gun law as unconstitutional (People v. Aguilar).

Judge Ellen Mandeltort had previously denied the defendant’s request to dismiss the unlawful use of a weapon charge last week before the Illinois Supreme Court’s ruling on Thursday, which comes in line with the federal court decision earlier this year. In February, the 7th U.S. Circuit Court of Appeals struck down parts of the state law which made carrying a concealed firearm illegal. The defendant’s motion to reconsider was granted in light of the ruling and Judge Mandeltort agreed that the charge violated the defendant’s Second Amendment rights.

Weapons charges dropped after state high court’s ruling, www.chicagotribune.com, September 16, 2013

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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

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In January 2013, Governor Quinn signed Senate Bill 957, allowing undocumented immigrants to receive driver’s licenses in the State of Illinois. Under the new law, aliens who do not have a VISA or Social Security number may be eligible to receive a Temporary Visitor Driver’s License (TVDL) as early as November 2013.

When applying, the undocumented immigrant must make an appointment at a Secretary of State facility and present proof of Illinois residency for a minimum of one year, proof of their ineligibility to obtain a social security number, a valid unexpired passport from the applicant’s country of citizenship, in addition to other documentation not yet outlined by the Secretary of State. All applicants must consent to a facial recognition search, which is aimed to prevent fraud. The Secretary of State has a highly sophisticated and accurate facial recognition database, which uses an algorithm to match more than a dozen facial features. Fingerprinting will not be used.

The TVDL is valid for a period of three (3) years and may not be renewed. The applicant must reapply for a new TVDL each time. The applicant must have proof of liability insurance or the TVDL is considered invalid. As a result, a TVDL holder who does not posses valid proof of insurance may be charged with Driving Without a Valid License (625 ILCS 5/6-101). The TVDL is not a valid form of identification, may not be considered valid outside of Illinois, and will look different from a standard driver’s license. It is estimated that the new law will allow approximately 250,000 people unlawfully residing in Illinois to apply for driving privileges.

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A five-year contract to install speed cameras in Chicago was finalized by Mayor Rahm Emanuel’s administration last week. The $67 million contract allows the installation of up to 300 cameras designed to catch speeders around city schools and parks. As few as 50 locations could be in operation this year due to a slow rollout. According to a city spokesman, cameras may be installed as early as August and speed camera tickets may be issued as early as September. Emanuel projects $15 million in revenue this year. The cameras are permitted by city ordinance to be installed within one-eighth of a mile of city schools and parks. However, in effect, the cameras could cover roughly half of the city.

The contract the city may buy or lease each $98,000 camera system from American Traffic Solutions, Inc. The city’s intent is to lease the systems, and pay ATS $3,750 a month to maintain and operate each camera. The purchase option would result in a $2,900 per month fee. The contract includes three two-year extension options.

Speed camera tickets may start in September, www.chicagotribune.com, July 18, 2013

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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

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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

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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.

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William Reece, 49, of Carpentersville was sentenced Wednesday to eight years in prison for his ninth DUI conviction. According to Kane County officials, he was convicted after pleading guilty to one count of aggravated driving under the influence on March 7th. The DUI was charged as a Class X felony because it occurred after a fifth DUI conviction. Reece also pled guilty to driving on a revoked license, charged as a Class 4 felony.

The DUI stems from a traffic stop conducted by the West Dundee police on September 1st. Police allege that Reece’s vehicle crossed the center line. Upon further investigation, police claim he had slurred speech, glassy, red eyes and a strong odor of alcohol on his breath. Reports state that he had difficulty retrieving his license and dropped the contents of his wallet on the car floor along with his cellphone. Reece refused to take field sobriety tests and admitted drinking. He consented to a breath test at the station, registering a BAC of .219 percent, almost three times the legal limit.

Between 1987 and 2007, Reece had eight DUI convictions occurring in Kane County and Lake County resulting in three prison terms. Reece is eligible for day-for-day credit during his prison sentence, effectively cutting his length of stay in half. He was also given credit for 235 days served in custody at Kane County Jail since his arrest.

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