As new Cook County bail order goes into effect, Central Bond Court gets revamped

Earlier this summer, Chief Judge Timothy Evans issued General Order 18.8A, which went into effect today for felony cases (it won’t go into effect in misdemeanor cases until January 1, 2018).

The key change is that unless a defendant poses “a  real and present threat” to persons or is unlikely to appear in court, the “presumption [is] that any conditions of release imposed shall be non-monetary in nature, and the court shall impose the least restrictive conditions or combination of conditions necessary to reasonably assure the appearance of the defendant for further court proceedings.”

In order to implement these changes, Judge Evans has swapped out the entire roster of judges who handled Central Bond Court.  He also changed the name — now it will be called the “Pre-Trial Division.”  The new Division will be headed by long-time Felony Judge John Kirby, and assigned to the division will be Sophia Atcherson, Michael R. Clancy, John Fitzgerald Lyke Jr., Mary C. Marubio, Stephanie K. Miller and David R. Navarro.

Here is a link to a story about this change in today’s Chicago Sun-Times.

Lake County Sheriff pleads guilty to making false statement in a DUI hearing

From the Chicago Tribune (Jim Newton reporting):

A former Lake County sheriff’s deputy pleaded guilty to criminal contempt of court charges Wednesday for lying under oath during a misdemeanor DUI hearing last year in Lake County Circuit Court.

As a result of the plea, the state dropped felony perjury charges against 28-year-old Justin Hill, of Kenosha, and he was sentenced to a 90-day jail term that was stayed as long as he completes other conditions of his sentence.

Hill also was sentenced to a period of conditional discharge during which he must perform 100 hours of community service, pay a $500 fine and donate $500 to Lake County CrimeStoppers.

The sentence was handed down by Kane County Judge David Kliment after Lake County judges recused themselves from the case because the charges stemmed from proceedings in Lake County Circuit Court.

According to prosecutors, Hill was charged for lying under oath while he was being cross-examined by the defendant in the misdemeanor DUI case, in which the defendant was acting as his own attorney.

Defense attorney Thomas Briscoe said after the plea deal that Hill admitted he lied about whether he had contacted or attempted to contact the defendant in the case prior to the DUI hearing.

Briscoe said that Hill maintains he lied to protect an informant or informants related to another case he was doing on his own without the knowledge of the Lake County sheriff’s office.

Sheriff’s office spokesman Sgt. Christopher Covelli said Wednesday that Hill’s position as a deputy was terminated June 2

…Sheriff’s office officials said inconsistencies were allegedly discovered in Hill’s testimony during a Nov. 2 civil court DUI hearing on the potential statutory summary suspension of a DUI defendant’s driving license….

Read the entire story here:  http://www.chicagotribune.com/suburbs/lake-county-news-sun/crime/ct-lns-lake-deputy-perjury-plea-st-0914-20170913-story.html

Utah nurse arrested for refusing to draw blood for police

Doctors and nurses are supposed to be health care providers, not arms of the police state.  Yet, these days, many police officers think differently.

From NBC news:

A Utah nurse who refused to give a patient’s blood to police — and then was handcuffed and carried into a patrol car in an escalating incident — held an emotional news conference Thursday demanding better training by law enforcement.

“I just feel betrayed, I feel angry, I feel a lot of things,” said Alex Wubbels, a nurse at the University of Utah Hospital and a former Olympic athlete, as she wiped away tears.

“And I am still confused. I’m a health care worker,” she added. “The only job I have is to keep my patients safe.”

The July 26 encounter at the Salt Lake City hospital — in which Wubbels pleaded, “Stop! I’ve done nothing wrong!” — has prompted an internal police investigation.

Police bodycam videos released during Wubbels’ news conference showed the officer — later identified as Det. Jeff Payne — growing increasingly impatient as she tried to explain, according to hospital protocol, why she couldn’t draw an unconscious patient’s blood for a police investigation.

She told the officers gathered in the middle of the hospital’s work area that they need either an electronic warrant, patient consent or to be placing the patient under arrest if they want access to his blood.

The patient had been a driver in an earlier truck crash, and was badly burned and comatose at the hospital, reported NBC affiliate KSL-TV. Vials of his blood were needed as part of the investigation to determine whether the patient had illicit substances in his system at the time of the crash, according to a written report obtained by The Salt Lake Tribune.

n the videos, which may have been edited, Wubbels holds her ground about drawing blood. Payne then suddenly snapped.

“No, we’re done,” he said. “You’re under arrest, we’re going!”

He is seen pulling her arms behind her and places handcuffs around her wrists before yanking her to the back of the patrol car. He said she obstructed justice.

“Please sir, you’re hurting me,” Wubbels said.

“Then walk,” Payne responded.

Wubbels, from inside the car, screamed for help and that “I did nothing wrong!”

Other officers from the University of Utah and the Department of Public Safety, which provide security for the hospital, did not intervene during the arrest, The Salt Lake Tribune reported.

Wubbels was later released and no criminal charges were filed against her.

Payne, who remains on active duty with Salt Lake City police but has been suspended from the blood draw program, did not immediately respond to a request for comment.

A Salt Lake City police spokeswoman said the department has been working closely with the hospital to ensure such actions never happen again and that it is alarmed by what occurred.

Read the whole story here:  https://www.nbcnews.com/news/us-news/utah-nurse-arrested-refusing-give-patient-s-blood-police-n798021

Royals’ Pitcher Danny Duffy arrested for DUI

Kansas City Royals’ pitcher Danny Duffy was arrested for DUI after being found asleep at a Burger King restaurant in Overland Park, Kansas.

From the Kansas City Star:

Royals pitcher Danny Duffy was cited Sunday in Overland Park for driving under the influence, police said Tuesday.

Duffy was arrested about 8 p.m. in the parking lot of Burger King at 13640 Metcalf Ave.

Overland Park police officer and spokesman Brian Payne said he could not release further details. A police report provides no other information.

“I just wanted to say that, for this situation that’s been put at hand, I apologize for the distraction, especially with where the team is at right now,” Duffy said at a Tuesday afternoon news conference at Kauffman Stadium. “Regardless of whether we’d been on a run or not, this is never a good time for this situation to come about.

“To every kid out there that looks up to me, that has read a headline, seen something, looks up to me, I’ll just continue to do great for this city. I promise you that. I think, any of you all know me, this is something that’s very difficult to go through. When everything comes out and shakes out, I’m going to be better because of it. I’m standing on a lot of people’s shoulders right now. And a lot of people have done a lot of things to help me get where I’m at.

“To those people, too, let the facts shake out, and please continue to have faith in me, because I’m better than the distraction that is at hand. And I’m going to continue do great things for this city.”

Under Major League Baseball rules, players charged with DUI can be punished by the league or by a team, but not both, and can be recommended to receive voluntary treatment.

Collision results in DUI arrests for both drivers

From the Chicago Tribune (Clifford Ward reporting):

Both drivers were under the influence of alcohol when their cars collided in Oakbrook Terrace on Sunday, according to DuPage County prosecutors.

Authorities said Sean Maroney, a 20-year-old Ohio resident, was driving into oncoming traffic on the wrong side of Roosevelt Road when he crashed head-on into a car driven by a Lombard woman.

Maroney was charged with felony aggravated DUI and on Wednesday was ordered held in lieu of $150,000 bond by Judge Michael Reidy, prosecutors said.

Maroney and the driver of the other car, Molly Paige, 25, were taken to a hospital for treatment, as were Paige’s three passengers, though prosecutors say no one suffered life-threatening injuries. After an investigation, Paige was charged with a misdemeanor count of DUI, officials said.

Read the entire story here:  http://www.chicagotribune.com/news/local/breaking/ct-dui-crash-both-drivers-charged-met-20170830-story.html

IL Drunk Driving Fatalities down 43% in the 20 yrs since legal limit was lowered

According to this story in the Morris Herald, drunk driving related fatalities have dropped from 534 to 300, a decrease of 43%, since Illinois lowered its legal limit from 0.10 BAC to 0.08.

What the story doesn’t mention, is that during those years, Illinois has also made a great many changes to its drunk driving laws, greatly increasing the penalties for repeat drunk driving and requiring ignition interlocks for even first time offenders.  In addition, local municipalities began to impound (and sometimes forfeit) vehicles used in drunk driving and driving while suspended or revoked due to DUI cases.  Oftentimes, the impoundment fee alone is equivalent to several months car payments.

In addition to that, in the interim 20 years, there have been many social changes that have probably contributed to this drop, such as an increased awareness of the dangers of drinking and driving, a dramatic decrease in bars and drinking establishments, and a general increase in healthier lifestyles.

Having said that, I am sure that the drop to 0.08 made a significant difference.  It probably meant that many people passed on that extra drink or two that they might have had in 1996.  And that extra drink or two can make all the difference.

What do you think?

 

Chicago Police will be conducting DUI enforcement on the North Side Saturday night

According to a Press Report from the Chicago Police:

The Chicago Police Department will be conducting a DUI Saturation Patrol in the Lincoln (020th) District this weekend. The DUI Saturation Patrol will commence at 7:00 p.m. on Saturday, August 12th, 2017 and end at 3:00 a.m. on Sunday, August 13th, 2017.  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.

 

From DNAInfo:

Police officers will be on the lookout for drunken drivers and speeders Saturday night during a DUI Strike Force Patrol planned for North Side neighborhoods including Lincoln Square, Uptown and Andersonville.

Officers will also be looking for people not wearing seatbelts and other violations.

The strike force patrol will run from 7 p.m. Saturday-3 a.m. Sunday, throughout the Lincoln Police District.

Headquartered at 5400 N. Lincoln Ave., the district is bounded by Lake Michigan, the Chicago River, Lawrence and Peterson avenues.

Communities served by the district include Lincoln Square, Uptown, Edgewater, Andersonville, Bowmanville and Budlong Woods.

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