“You have a right to an attorney” – but will you actually get to talk to one?

According to the Chicago Tribune, Cook County Chief Judge has issued an order requiring the Chicago Police Department to provide suspects with access to a lawyer upon arrest.  However, the mechanics of how this will work in reality were left murky.

Until this order, when a person is arrested, they are advised of their “Miranda rights” which includes the right to an attorney.  But this is a mere formality; the police will usually encourage the arrestee to “make it easy” on everyone by “explaining” what happened “so you can get out of here.”

Usually, when I get a call from someone that his or her relative has been arrested, it becomes a race for me to get to the station before the “explaining” starts.  If I call up the station to tell them not to question my client until I arrive, I will be told that the “detective is busy right now” and he or she will get back to me “when they get a chance” (i.e., after my client has confessed).

So I was gladdened to see the headlines about Chief Judge Evans Order requiring access to attorneys.  In my mind, I envisioned a public defender or two getting a space at each Chicago Police Station (like the State’s Attorney have) and getting the opportunity to interview and advise each arrestee.  Of course, I also imagined that this would not go over too well with the police, who have no interest in having lawyers interfering with their cases and preventing confessions.

But I am concerned about the lack of implementation in the Order (which I have not read).  According to the Tribune:

But the success of such an order may ultimately depend on the cooperation of Chicago police, who in the past, say legal aid officials, have been reluctant to grant suspects phone calls or give attorneys access to suspects while they’re being questioned.

A Chicago police spokesman said Tuesday the department has agreed to post signs with a phone number for “free legal services” in arrestee areas and outside interview rooms but did not comment on questions about granting phone calls to those in custody.

Posting signs is not much of an improvement.  They are almost certain to go unnoticed.  On the other hand, Cook County Public Defender Amy Campanelli is quoted as saying, “I’m going to make it happen — this is way too important. This is groundbreaking,” she said. “I could have every lawyer do (a rotation) if I don’t get the funding.”  She is an aggressive advocate, and I am convinced she will work hard to provide representation.  But this will be a battle, because I expect that without an Order specifically stating what “access” entails, the PD’s office will face resistance from the CPD.

What do you think?

Another case of a police officer arrested for DUI who refuses all tests

As a DUI defense attorney, people always ask me, “should I perform the tests?”  And my answer is, do what police officers do.

From the Chicago Tribune:

A Woodstock police officer faces arraignment in March for driving under the influence after he crashed his pick-up truck in Round Lake Beach about two weeks ago.

The officer was identified as Michael E. Niedzwiecki, 29, of Lake Villa, who was charged with DUI and failure to reduce speed to avoid an accident, according to a Round Lake Beach Police Department report.

The accident occurred Feb. 11 at 1:49 a.m. on Hainesville Road when Niedzwiecki’s 2007 Ford F250 pick-up went out of control while traveling northbound on a curve close to Clarendon Drive and struck a telephone pole, according to the report, which added that power lines knocked down by the crash blocked northbound traffic on Hainesville between Rollins Road and Clarendon.

According to the report, Niedzwiecki told one of the officers at the scene that he forgot about the sharp curve to the left in the roadway, and that is why he lost control of his truck. The report added that both Niedzwiecki and a woman who identified herself as his wife went to a nearby McDonald’s after the accident and before police arrived to get help.

The officer wrote in the report that Niedzwiecki was slurring his words and had glassy bloodshot eyes and an unsteady gait. “I could smell a strong odor of an alcoholic beverage,” the officer wrote.

When an officer asked Niedzwiecki to do a field sobriety test, Niedzwiecki refused and when asked to submit to a breath test, which he also refused, according to the report, and he was placed under arrest for DUI and was also cited for failure to reduce speed. When asked to make a statement about the accident, Niedzwiecki refused again, the report states.

According to the report, at one point, Niedzwiecki showed an officer his Woodstock police officer badge and identification card.

Read the whole story here: http://www.chicagotribune.com/suburbs/lake-county-news-sun/crime/ct-lns-woodstock-officer-charged-dui-st-0225-20170224-story.html

Expect Heightened DUI Patrols Super Bowl Weekend

Police reports are gearing up for an expected uptick of drunk drivers this weekend.

From the Chicago Police:

The Chicago Police Department is conducting DUI Saturation Patrols in the Wentworth (2nd) and Near West (12th) Districts this weekend. The DUI Saturation Patrol in the Wentworth (2nd) District will commence at 7:00 p.m. on Friday, February 3, 2017 and end at 3:00 a.m. on Saturday, February 4, 2017. The DUI Saturation Patrol in the Near West (12th) District will begin at 6:00 p.m. on Saturday, February 4, 2017 and end at 2:00 a.m. on Sunday, February 5, 2017.
The Illinois State Police will be out in force as well:

The Illinois State Police Department says they are increasing patrols for super bowl weekend to crack down on drunk drivers.

State troopers will also be on the lookout for speeding seat belts and distracted driving.

Public safety officer Sean Ramsey says you won’t just see state police out on the highway.

“We can be on the interstate, state routes, in town,” Illinois State Police Trooper Sean Ramsey said. “So really they have the latitude to go where they want. Where they think that these violations may be occurring.”

The Cook County Sheriff has also announced that it will be conducting heightened efforts:

Cook County Sheriff’s Police are scheduled to conduct enhanced patrols this weekend, Sheriff Thomas J. Dart announced today.

Sheriff’s Police are conducting countywide DUI enforcement patrols today, Saturday and Sunday nights. They will also be on the lookout for those violating seatbelt laws, today, Saturday and Monday.

The Lake County Sheriff’s Office will conduct special traffic patrols this Super Bowl weekend, cracking down on alcohol-impaired drivers, drug-impaired drivers, and those not wearing their seatbelts.

Buffalo Grove police will be out in force this Super Bowl weekend, cracking down on seat belt law violators and alcohol and drug-impaired drivers.

Department officials announced the beefed up patrol efforts last week, reminding residents, “If you plan on drinking alcohol while cheering on your team, pass your keys to a sober driver before the Super Bowl party begins.”

The initiative coincides with the statewide “Drive Sober or Get Pulled Over” campaign.

Other police departments will be out as well.  Please be safe and don’t drink and drive!

If a police officer does this when arrested for DUI, shouldn’t you too?

An off-duty Hammond, Indiana police officer was pulled over by a State Trooper and the Trooper suspected that alcohol was a factor.  What did the off-duty cop do?  He refused to perform field sobriety tests or take a breath test.  What does he know that you don’t?

From the Chicago Tribune:

A Hammond police officer was charged with operating a vehicle while intoxicated early Saturday morning after an Indiana state trooper observed him veer across lanes of traffic on Interstate 65 and nearly drive off the road, the Indiana State Police said.

Mathew L. Anderson, 30, of Hammond, was arrested shortly after 2 a.m. on State Road 2, just south of the Indiana State Police post, after the trooper followed him as he exited from I-65, a news release from the state police said.

The trooper was making a traffic stop on I-65, just north of the Lowell/Hebron exit in Lake County, when he saw a 2007 Honda Civic “that had just passed in the left lane veer abruptly over to the exit ramp to (State Road) 2 while nearly (running) off the roadway, traveling completely onto the right shoulder,” the release said. “It was so abrupt the female driver of the traffic stop also observed the vehicle and stated, ‘Oh my God!’ ”

The trooper followed the car onto westbound State Route 2, watching as the driver weaved on the road and drove on the right shoulder, the release said.

When the trooper pulled Anderson over, he identified himself as a Hammond police officer and said he had weapons in the car, the release said. The trooper said he could smell alcohol on Anderson’s breath, but Anderson refused to take a Breathalizer test or field sobriety tests, according to the release.

Anderson was charged with two counts of operating a vehicle while intoxicated and one of unsafe lane movement.

Chicago Police DUI Strike Force to conduct Saturation Patrols this weekend

From the Chicago Police Department website:

DUI SATURATION PATROL– Shakespeare (014th) DISTRICT

The Chicago Police Department will be conducting a DUI Strike Force Patrol in the

Shakespeare (014th) District this weekend. The DUI Strike Force Patrol will commence at 6:00

p.m. on Saturday, November 19, 2016 and end at 2:00 a.m. on Sunday, November 20, 2016.

The purpose of this program is to saturate a pre-designated area with roving police officers

that continually monitor vehicular traffic for signs of impaired driving. Patrols also place

emphasis on speed, alcohol-related and safety belt violations. Police vehicles equipped for

speed detection are deployed to apprehend speeding violators.

In addition, the Breath Alcohol Testing (BAT) Mobile Unit may also be deployed to allow

officers to expedite the process of charging a person with Driving under the Influence (DUI)

prior to transporting an alleged into the nearest lockup for bonding. The mobile unit also allows

for Individual Recognizance Bonds (I-Bonds) to be issued at the site of the DUI Strike Force

Patrol.

Take it from Officer Baez; when given the chance, just say no

The most common question that I get, as a DUI attorney, is whether or not to take a breath test in the event of a DUI arrest.  Of course I say don’t.  But you don’t need to take my advice.  You can simply emulate the actions of most of the police officers who find themselves on the wrong side of the breath testing device.

For example, here is a link to a story about a former Prairie Grove police officer who is currently on trial for a DUI that occurred while on duty.

As is the norm for cases like this, the officer refused to take a breath, blood or urine test to determine his blood alcohol concentration.

From the Tribune:

A former Prairie Grove police officer admitted on the witness stand Thursday that he drank two plastic cups of eggnog before his Nov. 29 shift, which ended when his police SUV slammed into a pole and the officer was charged with driving under the influence.

But Oscar Baez, 52, of Bensenville, said he drank the eggnog about four hours before the start of his 3 p.m. shift. He also testified that he is not typically a drinker but just wanted to “taste it a little bit.”

In additional to misdemeanor DUI, Baez also is charged with felony official misconduct and disobeying a stop sign.

Baez sought to explain why he failed a portion of the roadside sobriety exam that involved tracking with his eyes a pen being moved from side to side. Baez said he had surgery on his eye as a child and has a weak eye muscle for which he wears corrective lenses. He had taken his glasses off before the sobriety exam.

McHenry County prosecutors allege that Baez was under the influence of alcohol when his vehicle crashed into a utility pole near the intersection of Illinois Highway 31 and Gracy Road about 10:30 that night.

Baez, however, said he crashed because his brakes failed and “went all the way to the floorboard” as he approached the intersection.

Responding officers testified earlier that Baez told them at the scene that “those glasses of eggnog must have been bigger than I thought.”

The officers said they smelled alcohol on Baez’s breath, that he slurred his speech and swayed during the sobriety test and that he was chewing breath mints. On the stand, Baez said: “I always have mints on me. I have some now.”

Baez also contradicted earlier testimony from police officers who said he refused to go to a hospital to submit blood and urine samples. He did acknowledge that he refused a breath test, saying he was “frustrated” knowing by that time that he was being arrested and charged with a DUI.

Baez resigned from his job the following day. He was a police officer for about nine years.

In other testimony Thursday, Martin Pireh, a paramedic who arrived on the scene and examined Baez for injuries, said he did not smell alcohol on Baez’s breath.

Baez was smart to refuse.  He had no way of knowing what his BAC would turn out to be. Now the trial judge will have to decide whether the state can prove beyond a reasonable doubt that he was driving while intoxicated, without the benefit of a breath or other test, and with conflicting testimony between the arresting officers, Baez and the paramedic.  I would not be surprised to learn that Baez’s gamble paid off.

The McHenry County judge hearing the case will make his ruling on November 3rd.

Chicago PD’s DUI Strike Patrol to target Near West Friday night

From the Chicago Police Department:

The Chicago Police Department will be conducting DUI Strike Force Patrols in the Near West (12th) District this upcoming weekend. The DUI Strike Force Patrol in the Near West (12th) District will commence at 7:00 p.m. on Friday, July 22, 2016 and end at 3:00 a.m. on Saturday, July 23, 2016. For More Information Click Here

The press release states that the previous week, the Strike Patrol issued 129 citations, a whopping three of them for DUI.