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Abe Lincoln has a sad :(

You might remember our article about Senator Menendez.  It’s here if you forgot.

As it turns out the same Senator that wanted our hero Edward Snowden to be indicted, got indicted himself.  It’s funny how he was so self righteous about Edward Snowden, and for telling us what treason was or was not.  But, now that it’s the future we can discover the pontificating senator was actually the one in need of being indicted.

I have a theory.  If a congress-critter stands up and declares something should be illegal, you can bet the farm that person does the exact thing he wants to make it illegal for you to do.

If a new congress-critter stands up and tells us how he is against illegal immigration, no doubt some undocumented alien cleans his/her/its house.  While this theory has turned out to be amazingly accurate, I still haven’t figured out why this occurs.

Our state legislature proclaims each year (sometimes more than once) that they are going to do something about the “DUI problem.”  I know what you are thinking.  Do that many legislators have serious drinking problems?

This probably explains why are laws are such a crap load of undecipherable tripe.  I want a new legislature that only has a few goals:  fewer more understandable laws, that effectively deal with our problems as humans living together.

Of course that would put me out of a job.

Law Dude, Ray Flavin, is a DUI attorney who 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.

 

Andy Taylor and Opie

So most states, including our beloved Illinois, have laws against the possession of hypodermic needles.  I think the idea at the brain trusts we call state legislatures went something like this:

Well, drugs are bad, mkay.

And we need to do something to keep these bad drugs from people.

So they began brainstorming, and soon discovered that it was just drizzling.  And they came up with:  let’s ban the instrument (they call it paraphernalia) that drug users use to get the drugs into their bodies.  Now I don’t want you to think too hard about how dumb that is, because its pretty damn dumb.  I haven’t done a study on how many people don’t do drugs because they can’t find the needles (because they are illegal), but I can assure you, the number is ZERO.

But, what does making drug needles illegal do?  It allows the police to arrest people when they find these “illegal” things, and it makes needles more valuable to drug users, because it might be hard to find needles when you want to get high … because they are illegal.  So instead of buying brand new shiny needles to put drugs in their arms (or wherever), drug users share needles.  And in the same way they share HIV.

In Indiana, Mike Pence, their governor has suspended the prohibition on distributing needles to addicts for 30 days because they are suffering a little HIV outbreak.  He said that distributing needles goes against his conscience, but he is making this exception because of the HIV outbreak.

As long as we have Einsteins like the good governor running our states, I will continue to have a rich source for articles about how dumb our legislators are, and in a confounding paradoxical way … I will be happy.

We could wait for Gov. Pence to take a millennium or so to figure out that writing bad laws have consequences, but he wouldn’t figure it out.  You see government people like him think when they follow their conscience that makes everything alrighty (I am pretty sure they heard that in a bed time story and latched on). And that’s why our laws will continue to be fucked up.  Forever, amen.

Law Dude, Ray Flavin, is a DUI attorney who 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.

Dexter

So we all know that ignorance of the law is not a defense to a crime.  However, what would be your guess if a police officer doesn’t know the law and arrests you based on law that only exists in his head?

If you guessed that would be just fine then you should become a Supreme Court Justice.

I had a case where a driver only had one functioning tail light on his car.  And, to my surprize when I looked up the law, Illinois law said that all you had to have was one functioning tail light.  The judge disagreed.  He cited that the purpose of the law was public safety and it was more dangerous to drive around with only one tail light.  Of course he made that call with no scientific basis, but that’s the way it goes in traffic court.

I had always thought that the judge got it wrong there, however it turns out that the Supreme Court just heard a very similar case from North Carolina.  And they found that it if an officer makes a “reasonable” mistake about the law, then they can stop your vehicle for that mistaken belief.

So, now I think the judge (in my case) and the Supreme Court got it wrong for this reason.  Ignorance of the law is no excuse.  If we are going to have a set of rules that we write down somewhere, and that we will allow no mistakes for us common folk not knowing what the law is, then what’s good for the goose should be good for the gander.

If we choose not to have it that way, then we tacitly admit that a person, even a trained officer can’t know the law, and well if he can’t know the law then perhaps we need simpler laws.

Law Dude, Ray Flavin, is a DUI attorney who 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.

 

 

Alcohol

Each little hamlet in this little slice of heaven we call Illinois is now authorized to collect up to $500 in administrative fees after an arrest for DUI or driving while license suspended.  In an earlier post, I joked about the possibility of local municipalities arresting drivers and then releasing them after they paid the $500 administrative fee.  Sort of a Catch and Release program.

**Note a village may charge up to $500, one of our local municipalities: Spring Grove, only charges $350 for this fee.

The idea was that if they had probable cause for the stop, then they could keep the $500 fee, and when they dismissed the case they would save attorneys fees for prosecution of the DUI.  I also mentioned that municipalities received very little of the MASSIVE fines and fees collected by county courts for DUIs, eventhough they provided the police, the tickets and the prosecutors for those cases.

Well, it seems that one municipality may have figured out the puzzle that is DUI enforcement.  It has been said that one Village’s DUI percentage (the portion of DUIs that survive to TRIAL OR GUILTY PLEA in court) is inexplicably low.  However, their collection of the administrative fee is nearly 100%.

I think they have figured out that the real money is not in DUI enforcement, but in collection of the administrative fee.  That perhaps sheds some light on the question, “Do they arrest DUI drivers to reduce DUIs, or for the money, and the answer is …

 

I will let you draw your own conclusions.

Law Dude, Ray Flavin, is a  DUI attorney who 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.

 

P.S.  So what then will happen to MADD and AAIM, and DUI Counselors?

 

IMAG0884

Apparenty after netting very few “Alcohol Service to Minors” in the last sting, the enforcement authorities have adopted a new strategy.

I have heard that the new sting involves a person who presents an DL that is horizontal with an underage birthdate, which is impossible because all underage driver’s licenses are printed vertically.  The bar tender scans the ID, sees it is horizontal, which indicates the person is over 21, and serves them only to receive a ticket for serving alcohol to an underage person.

If this is in fact going on, what exactly are they trying to catch?  Bartenders trying to follow the law?

Also, our legislature has decided that this “offense” should be a strict liability offense, which means that it is not a defense to this charge if you were mistaken, or fooled by this tactic.  Perhaps you should have a chat with your local state legislator about why this is wrong.  Of course I have no confidence in the legislature fixing any problems with the law, they are there only to make problem laws.  While I guess I can dream of a day when the voters will make a change to this system, until then we are stuck with it.  But hopefully, sneaky tactics by enforcement will backfire.

We should probably rethink our alcohol laws if this is the game enforcement wants to play.

Law Dude, Ray Flavin, is a Lake in the Hills DUI attorney who 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.

 

Bananas have nothing to do with this post

Here at Excessive Bail (TM), we get beat up from time to time commenting on judges lowering the boom on seemingly minor criminals.  Call it the Napoleon Complex applied to judges or what have you, but we are known for making fun of judges for giving a defendant a three year sentence for stealing a candy bar. In a stunning reversal of this trend we are now going to make fun of a judge giving too light a sentence.* Earlier this month the secretary of Bernie Madoff was sentenced to six years in prison.  Now to be honest that sentence is about right if you believe that some fraudsters secretary was actively involved in the criminal fraud.  However, the judge, as many judges do, felt like sentencing someone wasn’t enough … they felt they should explain why on the record.

The prosecutor asked for 20 years

The defense attorney asked for 8 to 10

The judge gave her six.

Why? Because the defendant was short.  Literally.  4 foot six inches short. Now there are a lot of reasons to reduce a sentence.  This isn’t one of them.  If your logic is that a person is short and may be abused by the system because of their stature, then you don’t send them at all.  If you send them for six instead of 20 I think you have to explain why a short person can do six but can’t do 20. Just sayin

Law Dude, Ray Flavin, is a DUI attorney who 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.

*Query whether this is actually a reversal because we are still making fun of judges sentences.  So there’s that.

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