Harold L. Wallin selected one of Chicago’s Top DUI attorneys

For the third year in a row, Harold L. Wallin has been rated as one of Chicago’s Top Three DWI/DUI attorneys by the website ThreeBestRated.com.

Since they have been rating Chicago’s DUI attorneys in 2015, Harold L. Wallin is the only attorney to make it on their list each year.

Thank you ThreeBestRated, for the honor and recognition!

In Illinois, a fourth DUI is a mandatory minimum three years in prison

There was a story in today’s Chicago Tribune about a 52 year old Naperville woman who was sentenced to three years in prison for her fourth DUI.

She was not involved in an accident.  It sounds like she was being cooperative with the police.  She consented to a breath test.

Unlike a certain well-publicized case where a drunk driver killed a bicyclist and received only ten days in jail, this woman is going to prison.

This was not a case of a judge being harsh.  Actually, the judge was being lenient.  This drunk driver received the mandatory minimum sentence.

In Illinois, a fourth DUI is a Class 2 felony, punishable from three to seven years.  Probation is not permitted in such a case (on the other hand, probation is allowed in DUI death cases when there is “exceptional circumstances”).

Here is the relevant section of the DUI statute (625 ILCS 5/11-501(d)(2)(C)):

A fourth violation of this Section or a similar
    
provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed.

So, as the saying goes, “if you can’t do the time, don’t do the crime.”

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!

Drunk Driver nearly crashes into film students making anti-DUI promo

Some film students out to make an anti-DUI promo for their local police department nearly became victims themselves.

From KOCO News 5:

A metro-area college student was carrying a light across a Valley Brook street when he saw a vehicle heading toward him.

“I saw him accelerate on the gas like he was trying to hit me,” said Oklahoma City University film student Mike Stamp. “I hopped out of the way real fast. After that, I was kind of in shock.”

Stamp and a friend, fellow OCU film student Jacob Keen, were shooting a DUI awareness promo Sunday night for the Valley Brook Police Department.

“He really wasn’t slowing down like the other cars were,” Keen said. “He kind of did a little swerve.

The driver, Richy Reese, was immediately stopped by Valley Brook Police Chief Michael Stamp, who is Mike Stamp’s father.

“He kind of comes to an abrupt stop, and I made try to contact with him, and he takes off,” Michael Stamp said.

Another officer pulled over Reese, who stumbled from his truck before being arrested. His blood-alcohol content was more than twice the legal limit — .17.

“It could have been very bad. It’s very close,” Michael Stamp. “Very ironic that you’re doing a DUI story and one shows up.”

Police officials said Reese has at least four DUI convictions.

 

Not everyone gets 10 days in jail for DUI fatal accidents

The ten day jail sentence that Ryne San Hamel received last week for the drunk driving crash that killed Bobby Cann has sparked outrage (Click here to read the Sun-Times’ editorial).

But don’t think that everyone who drives drunk and kills someone gets a slap on the wrist.

Here is another recent case that had a very different result.  From the Chicago Tribune:

A Mundelein woman was sentenced to seven and a half years in prison Tuesday for the death of a 22-year-old man in an early morning drunken driving crash in Libertyville.

Amanda Auld, 24, was sentenced after pleading guilty last year to one count of aggravated driving under the influence of alcohol resulting in a death.

Killed in the crash was Steven Daskaukas, a passenger in Auld’s car when she struck the back of a truck at the intersection of Peterson and Harris roads in Libertyville at 2:43 a.m. on March 7, 2015.

In handing down the sentence, Judge Patricia Fix said she was particularly struck by reports that Auld’s friends, following in another car, had been calling Auld and Daskaukas on mobile phones in an attempt to stop the woman from continuing to drive.

Fix noted that Auld was speeding, leaving the second car unable to catch up with her.

Auld admitted in a statement to the court that she and her friends had been drinking heavily at two bars and had left a bar in Fox Lake when the crash occurred.

Auld apologized to Daskaukas’ family, saying she knew no words would make up for the loss, but that he had been her best friend and that “living through that accident is my very own life sentence.”

“You will never know what it’s like to watch your best friend die and walk away unharmed,” she said.

Auld said she takes “full responsibility for the part I played” in the crash, but also asked for a probationary sentence that would allow her to go into a formal treatment program to battle long-term alcohol, substance abuse and mental health issues.

But Assistant State’s Attorney Dan Brown said Auld had been given supervisory sentences in the past that were to involve treatment programs and she failed to complete them.

Fix also noted that point in handing down the sentence, saying that although Auld had begun treatment programs and courses while in jail, it was hard not to believe her plea for treatment was an attempt to avoid prison.

Auld’s sentencing followed her guilty plea to the charge in a negotiated deal in which other charges were dismissed, including reckless homicide, and a cap of eight years was put on the sentence she would receive. Without the cap, she would have faced up to 14 years in prison, or probation if the judge found that the case included extraordinary circumstances.

Read the whole story here:  http://www.chicagotribune.com/suburbs/lake-county-news-sun/crime/ct-lns-dui-death-sentencing-st-0201-20170131-story.html

Woman tells officer she was driving to “sober up”

In a DUI case, the prosecution must prove that the defendant a) drove (or was in actual physical control of a motor vehicle) and b) was intoxicated.

So, telling an officer that you were driving to sober up is an admission to both of those elements.

From the Chicago Sun-Times:

A woman charged with driving under the influence on Friday night in west suburban Riverside told a police officer she was driving to a fast food restaurant to “sober up.”

The officer spotted 25-year-old Katherine L. Muhlenbruc’s 2000 Volkswagen about 4:15 p.m. when it crossed the center lane while traveling north in the 3600 block of Harlem Avenue, Riverside police said. She was pulled over near Harlem and Ogden avenues and told the officer she was coming from a bar in Darien and had done nothing wrong.

Muhlenbruc, of Franklin Park, then told the officer she was driving to a White Castle in Berwyn to “sober up,” police said. She failed a roadside sobriety check and a breath test determined her blood alcohol content was 0.115, nearly two times the legal limit.

Muhlenbruc told police she was not drunk and would have sobered up eventually if she continued to drive and was not stopped by the officer, police said.

She was charged with two counts of driving under the influence, driving without insurance, improper lane usage and driving in the wrong lane, police said.

AllYouCanDrink.com founder gets 10 days for fatal DUI crash

Nearly four years after being involved in a fatal collision that allegedly caused the death of bicyclist Bobby Cann, “AllYouCanDrink.com” partner Ryne San Hamel plead guilty to reckless homicide and aggravated DUI and received four years probation, 10 days of jail and was ordered to pay Cann’s family $25,000 in restitution for funeral expenses.

From DNAinfo.com:

Prosecutors had sought three to 14 years in prison. The judge said Cann’s death was a great loss, but he believes San Hamel feels genuine remorse.

“I wish I could change everything that happened, but I can’t,” San Hamel said as tears streamed down his face. “I just hope that you can feel some kind of remorse for me or forgiveness in your heart. … I live with that moment every day, every minute, every time I lay down and try to sleep.”…

Before announcing the sentence, [Judge] Hooks said he took San Hamel’s remorse into account.

“If I have somebody that gets it and is remorseful — and even though there’s a cry for retribution — I have to weigh what Ryne San Hamel needs,” the judge said, noting that some cases merit lengthy prison sentences if defendants are a danger to society.

“This is not one of those cases,” the judge said…

Cann was a cycling advocate who regularly participated in Critical Mass, an organized effort in which cyclists band together and ride in order to “take back the streets” the last Friday of every month.

San Hamel “spoke about waking up each morning and feeling remorse,” Cann’s uncle Bruce Field said after court Thursday. “I hope that that means every morning he wakes up and says, ‘Now my job is to work very hard to make this world a better place.”

Compare this to the 5 year sentence that 20 year old Carly Rousso got in the “Highland Park huffing case,” or the seven year sentence that Alia Bernard, who was not even impaired (just allegedly had marijuana residue in her blood system*) was originally given (reduced to probation after she had spent approximately four years in prison) and you can see what a break Mr. Hamel received.  I hope he appreciates it and has learned from his experience.

*I want to emphasize allegedly because there were questions raised about the accuracy and legitimacy of the blood test result.