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Crystal Lake DUI

Why are DUI videos important during Bull Valley DUI arrests.  Recently, local police cars have been equipped with video equipment.  Principally, this equipment is to protect the officer from lawsuits, allow supervisors to critique traffic stops, and to provide evidence for trials, such as DUI trials.

These in car videos have also led to some local municipal police officers losing their jobs because of unprofessional conduct.  The Village of Bull Valley collects a $500 equipment fees specifically to install and maintain these devices in their cars.  As an attorney, when you are doing a jury trial, you always want to point out that a municipality is collecting $500 per DUI specifically so that they can make videos of their stops, that way if they don’t have the video you can suggest that there may be other reasons that they are collecting the money.  Therefore those videos should be collected and analyzed.

Also, municipalities such as Bull Valley, Illinois which wrote 5 DUI charges a couple of years ago, but wrote 85 charges last year, are more likely to have problems with their DUI processing protocols (and that is something you want to keep a look out for).

I have found that these videos can be very helpful to drivers charged with DUIs.  Specifically, the video can show that field sobriety testing was done improperly, and that officers conduct during the stop was distracting to the drivers.  Careful review of those videos can turn what appears to be a certain GUILTY finding by the jury, into a NOT GUILTY FINDING.

I would urge that if you are arrested by police departments in the McHenry County area, that you insist that your attorney carefully review these videos, they can figuratively be a treasure trove of information for a DUI case.

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  Bull Valley and McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

Alcohol

Should I take the breathalyzer?  This is a question that I often hear when representing drivers charged with DUI in McHenry County, Illinois.  And the answer might shock you.  Let me take a moment to answer the question for you who are not sitting in my office charged with a DUI.

If you have had a DUI within five years if you take the breathalyzer and fail (score over 0.08 g/dl), you will be suspended for one year … and WILL NOT qualify to drive during your suspension.  If you refuse to take the breathalyzer and you have had a DUI within five years, you will be suspended for three years … and WILL not qualify to drive during your suspension with a BAIID device installed in your car.

If you have never had a DUI, and you want to have a good chance of winning your case, you should:

1.  Not take the breathalyzer

2.  Not do the field sobriety tests, and lastly

3.  For heaven’s sake don’t say anything like, “Man, I drank too much to drive.”  Or, “You caught me I am too buzzed to drive.”

4.  Avoid doing anything “memorable” during your DUI stop.  That would included offering bribes, doing silly entertaining things, soiling your underwear, or going to sleep in the squad car etc.

If you follow those simple steps, you can win your DUI case a high percentage of the time.  Proving DUI cases is difficult for the State.  The burden of proof is high and without chemical testing very challenging.

Remember the best way to “win” a DUI case is to plan to have someone else drive when you plan to drink, or plan to be in a situation where no one has to drive, that way no one will get a DUI.

 

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

The person who thought this would be a great MADD poster, must have been paid a lot for the decision.

Turns out proving DUI cases incredibly tough

If the statistics are any indication, our local alcohol abstinence programs have created a lot of NOT GUILTY drivers who were accused of DUI.

How did they do that?  Well the local state’s attorney apparently follows the “victims groups” demands in LOCK STEP.  So, when they insist that weak cases be brought to trial (instead of negotiating them), as a result the State loses the cases.  They also lose the money that they would have gotten in fines.  Oh, and a last thing, they lose the opportunity to send accused DRUNK DRIVERS to counseling, thereby teaching them how to drive drunk successfully. (That is, refuse to do the alcohol testing performed by the arresting officer).

I guess if your next door neighbor has FIVE DUIs and still has his license you can thank MADD and AAIM (our local DUI victim’s groups).

It’s a mixed up crazy world where MADD and AAIM promote driving drunk, go figure.

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

gavel

Currently when you get a DUI in Illinois, they only take one test.  So, very often we don’t know whether the Breathalyzer result is going up or down.

For example:  Bob is driving down the road.  He gets stopped and after the officer develops suspicion for DUI asks Bob to take the Breathalyzer.  Now Bob takes the Breathalyzer back at the station about an hour after driving … and he blows a 0.08.  The argument goes:  Well, we don’t know whether his breath alcohol was higher or lower back when he was driving.

However, if we had Bob take a Breathalyzer 20 min later the answer would become clear.

The problem comes when Bob blows a 0.061 and the state says that when he was driving before his blood alcohol was over the limit, and they have an EXPERT to tell us what that breath alcohol reading WOULD HAVE BEEN.  (and funny thing … the expert always says over the limit, because that is what they are paid to say).

Now, it’s not enough to realize that State should not be prosecuting that person, because they want to … and no one has the power to stop them …

So there’s a case pending for the Illinois Supreme Court that will determine whether bringing in this expert to prove (what is essentially a guess,) is proper.

I can hardly wait.

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

Justices of Il sup ct

Why doesn’t the Illinois Supreme Court like paragraphs?

Supreme Court Rule 604(d)

(d) Appeal by Defendant From a Judgment Entered Upon a Plea of Guilty. No appeal from a judgment entered upon a plea of guilty shall be taken unless the  defendant, within 30 days of the date on which sentence is imposed, files in the trial  court a motion to reconsider the sentence, if only the sentence is being challenged,  or, if the plea is being challenged, a motion to withdraw the plea of guilty and vacate  the judgment. No appeal shall be taken upon a negotiated plea of guilty challenging  the sentence as excessive unless the defendant, within 30 days of the imposition of  sentence, files a motion to withdraw the plea of guilty and vacate the judgment. For  purposes of this rule, a negotiated plea of guilty is one in which the prosecution has  bound itself to recommend a specific sentence, or a specific range of sentence, or  where the prosecution has made concessions relating to the sentence to be imposed  and not merely to the charge or charges then pending. The motion shall be in writing  and shall state the grounds therefor. When the motion is based on facts that do not  appear of record it shall be supported by affidavit. The motion shall be presented  promptly to the trial judge by whom the defendant was sentenced, and if that judge  is then not sitting in the court in which the judgment was entered, then to the chief  judge of the circuit, or to such other judge as the chief judge shall designate. The trial  court shall then determine whether the defendant is represented by counsel, and if the  defendant is indigent and desires counsel, the trial court shall appoint counsel. If the  defendant is indigent, the trial court shall order a copy of the transcript as provided  in Rule 402(e) be furnished the defendant without cost. The defendant’s attorney  shall file with the trial court a certificate stating that the attorney has consulted with  the defendant either by mail or in person to ascertain defendant’s contentions of error  in the sentence or the entry of the plea of guilty, has examined the trial court file and  report of proceedings of the plea of guilty, and has made any amendments to the  motion necessary for adequate presentation of any defects in those proceedings. The  motion shall be heard promptly, and if allowed, the trial court shall modify the  sentence or vacate the judgment and permit the defendant to withdraw the plea of  guilty and plead anew. If the motion is denied, a notice of appeal from the judgment  and sentence shall be filed within the time allowed in Rule 606, measured from the  date of entry of the order denying the motion. Upon appeal any issue not raised by  the defendant in the motion to reconsider the sentence or withdraw the plea of guilty  and vacate the judgment shall be deemed waived.

I am not making this up, this is EXACTLY how it is written with no paragraphs, just a big chunk of text.

Oh well.  I guess I don’t feel so bad for being a crappy writer now.

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

IMAG0884

Do I really think they are the mob?  No, but …

Have you ever noticed how powerful some organizations are? “Central States Institute on Addiction” which is owned by Catholic Charities is one of those places.  Generally, what they do is evaluations for DUI cases.  After a person gets a DUI they have to go to an “evaluator” who will suggest that the person get 10, 22, 30 or 75 hours of counseling.  Everywhere in Illinois this is done, and it is sort of scammy anyway because who are you going to do the counseling with after the evaluation?  The person who you were ordered by the court to see.  But forget that.  Central States Institute on Addiction is the NEXT LEVEL of this “special Illinois soup.”

You see when you get a DUI in Cook County, you MUST go to Central States Institute on Addiction.

and oh, it gets better….

In the order, in the PREPRINTED JUDGES ORDER, that MUST be used for sentencing … it tells the poor driver that he must go to Central States Institute for Addiction for his counseling.

I asked the judge to change that for my client because he had already started his counseling at a local DUI counseling facility.  But the judge ordered by client to go to Central States Institute on Addiction so they could “assess” whether the fully licensed by the State of Illinois DASA program my client was going to was adequate.  If you have to read that again, do so.  My client had to go to Central States Institute for Addiction to get an ok to have the hours he had already done at a fully accredited program applied to the hours he would do at Central States.  That means he would have to drive all the way down to do counseling at Central States, when he was already doing that near his home.  Oh, and he would have to find a ride because his license was suspended.

When I went to the Social Services department, I made a joke about Central States Institute on Addiction being the mob, and she said flatly, “I know.”

Must be nice to have that kind of pull where you can mold the LAW exactly to your profit making model (oh, what am I saying, you can mold it to your not-for-profit, money making machine).

Law Dude, Ray Flavin, represents drivers that have been charged with DUI in  McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

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