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Chicago attorney Harold L. Wallin has tried hundreds of cases to verdict; including criminal, DUI/traffic, personal injury and administrative hearings. http://www.illinoisduilawyer.com/

Alliance Against Intoxicated Motorists Releases its 2019 DUI Top Cops and Departments lists

From the Daily Herald:

The Schaumburg-based Alliance Against Intoxicated Motorists this week released its annual report on which Illinois police departments, and which officers, are taking the most suspected drunken and drugged drivers off the roads.

And when it comes to most arrests per officer, nobody did better in 2019 than the Carol Stream Police Department.

According to the AAIM report, Carol Stream police made 334 DUI arrests last year, about 5.3 per officer. That’s nearly two more per officer than the next best suburban department, Lombard at 3.42.

Other suburban departments in the top 10 include Elmhurst (2.92), Elgin (2.14), Naperville (1.75) and Aurora (1.72).

In terms of sheer volume, Aurora’s 517 DUI arrests were the most in the state, and nearly 16% more than in 2018. Other suburbs in the top 10 were Elgin (393), Carol Stream (334), Naperville (295) and Lombard (229).

The Illinois State Police made the most DUI arrests, with 4,994, and the Chicago Police Department made 3,235.  Here are the raw numbers from the AAIM:

DUI Arrests
% Change from
2017 to 2018
DUI Arrests
1 Aurora 517 15.9% 446
2 Rockford 509 -7.8% 552
3 Elgin 393 5.1% 374
4 Decatur 361 -7.7% 391
5 Bloomington 349 43.0% 244
6 Carol Stream 334 19.3% 280
7 Naperville 295 13.0% 261
8 Cicero 268 -14.9% 315
9 Springfield 247 6.0% 233
10 Lombard 229 -17.3% 277
11 Edwardsville 213 43.0% 149
12 Oak Lawn 209 18.1% 177
13 Elmhurst 207 -25.3% 277

And here is the list of the “Top Cops”:

Top Cops
DUI Arrests
1 Trooper Lucas Sniady ISP District Chicago 196
2 Trooper Eric David ISP District Chicago 176
3 Investigator Andrew Hartman Rockford 161
4 Officer Elliot Tupayachi Chicago District #19 134
5 Officer Jeffrey Kriv Chicago District #12 127
6 Officer Pawel Kozaka Chicago District #12 118
6 Officer Brandt Parsley Bloomington 118
7 Investigator Emilio Marquez Rockford 114
8 Officer Mark Januszewski Chicago District #24 110
9 Officer Alberto Zayas Chicago District #10 108
10 Trooper James Knaperek ISP District Chicago 103
10 Officer Paul Dublinski Elgin 103

DUI case against Buffalo Bills’ Ed Oliver is dismissed

Back in May, Buffalo Bills defensive lineman Ed Oliver was arrested for DUI.  I blogged about the arrest and posted some arrest video over here.

It now turns out that Oliver took and passed a breath test with a result showing zero alcohol in his system.  After his arrest, Oliver went and took a blood test on his own.  The blood test showed no drugs or alcohol in his system.

As a result the case was dropped.

From ABC 13:

The athlete was arrested in May on FM 242 near Patton Village on misdemeanor counts of DWI and unlawfully carrying a weapon after authorities say a pistol was found in his vehicle.

Oliver’s attorney, Gary Patterson, told ABC13 on Wednesday his client’s blood results came back and showed he had nothing in his system when he was pulled over and underwent a field sobriety test.

Patterson claims the deputies had absolutely no grounds to arrest Oliver.

He adds the gun charge will automatically be dismissed because the DWI charge was dropped and said it’s not illegal to have a weapon if Oliver wasn’t committing another crime.

Oliver spoke to reporters.  From the Democrat and Chronicle:

“I’m not sure how you get arrested with nothing in your system. Honestly, I don’t know,” said Oliver, who explained that the beer can that was found in the door of the truck was actually being used as a spit can for tobacco juice.

“I think I got a little frustrated when I took the Breathalyzer test and he was like, ‘It came back .000, but I still think you’re intoxicated,’” Oliver recalled. “And I was like, ‘Bro, I’m just tired, I just want to go home.’ He said, ‘No, you gotta come with us.’

“I just got a little frustrated because he wasn’t understanding what I was saying, I guess, or he didn’t want to understand. There was nothing you could do at that point, just one of those things in your life you’ve gotta go through.”

Oliver’s arrest occurred a little more than a week before George Floyd died at the hands – or more accurately the knee – of Minneapolis police Officer Derek Chauvin, an incident that has touched off widespread protesting of police brutality and racial profiling.

When he was asked whether his being a Black man might have had something to do with his arrest, he did not pull any punches.

“Well, I’m not sure, but to be honest in Montgomery County, they have a no-refusal law so you can’t tell them, ‘No I don’t want to go to jail,’” he said. “That’s how it was explained to me so I don’t know. Maybe so, but the law in Montgomery County, I would hope to believe that whatever color you are, you’re going to jail. I was on the way to my house and not expecting to be arrested. You never know, you can be doing anything and life could just hit you.”

Recently Retired Cook County Judge Marvin Luckman passed away

I am sorry to report that long-time, former Cook County Judge Marvin Luckman has passed away at the age of 87.  He was on the bench from 1992 through 2018, serving mostly in Cook County criminal courtrooms.

He was always a pleasure to appear before.  He was a no-nonsense judge, who knew the law and also had good common sense. He also told great stories.  He will be missed by all.

AZ Cardinals rookie Jermiah Braswell charged with DUI

From Pro Football Talk:

Cardinals rookie receiver Jermiah Braswell was arrested for driving under the influence after police say he drove his car into Lake Erie on Saturday.

Police in Put-in-Bay, Ohio, say witnesses reported that a car moving very fast went off the road, off the embankment and into the lake. When officers arrived, Braswell was in the car and still attempting to drive.

The police report said Braswell had slurred speech, couldn’t explain how his car went into the water and was found on a breath test to have a blood alcohol content above the legal limit. No one else was in the car and no bystanders were injured.

Cook County Courts to move into next phase of re-opening July 6th

Chief Judge Timothy Evans issued a new Order today regarding the re-opening of Cook County Courts (or not) on July 6th.

Basically, it states that after 7/6, court will resume, but by “video-conference to the extent reasonably possible.”  It also states that in the suburban districts all in-person hearings for misdemeanor and traffic cases will be continued.  I am awaiting information regarding additional Zoom courtroom set-ups for the suburban districts.

When there will be in-person court hearings, they are to be staggered to try to avoid having too many people at the same time and there will be limits on the number of people allowed in a courtroom.  There will be temperature checks and other rules, such as only allowing only four people in a courthouse elevator at the same time.

If the parties agree, bench trials will be permitted via video-conference.

I can add that most civil matters are being rescheduled for long dates.  Earlier this week, I received notification that the next status date in a personal injury case that I am handling has been rescheduled from the end of July to mid-March.  Also, all mortgage foreclosures and evictions are stayed until after July 31st.

Chicago Traffic Court to expand Zoom Courtrooms beginning July 6th

For the past three weeks, the “major traffic” courtrooms at Chicago’s Daley Center have been operating via Zoom.  Judges have been hearing discovery statuses, setting cases for hearings or trials (knock on wood) on future dates and hearing negotiated pleas.  This week, I resolved three DUI cases via Zoom that way.

Today, Presiding Judge Kenneth Wright issued a new order, expanding Zoom courtrooms to the minor rooms, beginning July 6th.  This includes the concourse level courtrooms (CL01, CL03, CL05 and CL07), the motion courtroom (LL04) and three additional courtrooms on the fourth floor (401, 403 and 407).

Although the order is not explicit, it seems to imply that only attorneys should go on the Zoom unless there is a specific need for the client to appear (for example, in a plea to a misdemeanor offense).

As with my last post, I do not want to post the order online because it contains the Zoom codes, but if you are an attorney, please email me at HaroldWallin@gmail.com

Fourth Floor Daley Center major courtrooms to resume next week via Zoom

Today, Presiding Judge Kenneth Wright entered an Order which calls for the resumption of major Chicago traffic rooms beginning next week.  These are the courtrooms that hear Class A misdemeanor traffic matters such as DUI, reckless driving, leaving the scene of an accident and aggravated speeding.  Cases that were assigned to courtrooms 402, 404, 405, 406 and 408 will hear cases via Zoom.  Only attorneys are required to appear, defendants and officers are excused (unless a defendant wishes to appear, in which case his or her attorney can provide him or her with the Zoom code).

I will not post the order here, because it contains the Zoom sign-in information.  If you are an attorney who wants a copy, send me an email at HaroldWallin@gmail.com.

Actor Zach Roerig from The Vampire Diaries arrested for DUI

From PageSix.com:

Vampire Diaries” star Zach Roerig was reportedly arrested for DUI over Memorial Day weekend and allegedly peed in his jail cell.

According to TMZ, Roerig — who ironically played town sheriff Matt Donovan on the hit CW show — arrested on Sunday around 2:30 a.m. in Montpelier, Ohio, after officers noticed that his pickup truck did not have a front license plate.

The 35-year-old actor was taken into custody after an officer saw his bloodshot eyes and smelled booze. He had slurred speech and failed field sobriety tests at the scene, the outlet reported.

“This is very hard, I can’t do this when I’m f–king …” He reportedly told the officer before rambling.

When the officer asked what Roerig meant, he allegedly replied, “When I can’t have a beer.”

He was then taken into custody — where he urinated in his cell for the night.

He is due in court on June 4.

Two Cook County Judges at Bridgeview Courthouse test positive for COVID-19

These are the first Cook County Judges to test positive for the Coronavirus.  Earlier this month, a Judge in Lake County in Waukegan tested positive.

Here is a link to the story from the Chicago Sun-Times.

Chicago Police to conduct DUI Saturation Patrols this weekend

The Chicago Police Department has announced the following upcoming DUI Saturation Patrols this weekend:

  • Grand Central (25th District) Friday, May 29th from 7:00 p.m. until Saturday May 30 at 3:00 a.m.
  • Grand Crossing (3rd District) Saturday, May 30th from 7:00 p.m. until Sunday May 31st at 3:00 a.m.