Skokie has DUI Roadblocks scheduled for Labor day

Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.

For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.

• Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL
• Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL

DUI Roadblock arrests are valid in Illinois if the police follow the rules, but absolutely can be defended by experienced DUI lawyers, so if you find yourself in a pickle as a result of one of these "show me your papers" stops, call us at Fagan, Fagan & Davis at 847-635-8200, and we'll be happy to discuss your defense.

Here's the original publication in Skokie's "Patch" -

Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend

Weakening the 4th amendment . . .

If the Obama administration gets its way, federal law enforcement and local police agencies will be able to dig into cell phone location data and find YOU without a warrant any old time they please. The 4th amendment protects against unreasonable search and seizure by the government, and two important questions raised are:

• is there a valid expectation of privacy at all in such information;
• if so, is this an unreasonable search?

What does this have to do with DUI in Illinois? 4th amendment issues are regularly tested in DUI arrest situations. You see, almost all DUI arrests involve investigations that are immediate in nature, and happen without any warrant. Getting a warrant slows things down and requires that a judge hear why an investigation needs to go further - the judge determines whether "probable cause" exists to allow a search. This makes on-site investigation difficult, but provides strong protection to rights of the person being investigated. The police would rather not wait, and so, most investigations proceed without warrant. A warrantless search is presumed to violate 4th amendment protection, unless probable cause can be demonstrated.

The practical result is that police typically investigate with an eye towards establishing probable cause (as opposed to investigating with an eye towards exoneration). They'd rather arrest now and ask questions later than slow down and ask careful questions.

Add to this the fact that government is always seeking to expand their ability to "get around" the restrictions of the 4th amendment, and you have your connection between DUI and the Justice Department's desire to track anyone they please by cell-phone without a warrant.

Everything is connected, and the possibility for abuse of power increases every time the power to invade the rights of the individual are pushed further down the chain of command. Let's hope the Courts push back.

Bad Boyz of Chicago - Chicago PD DUI Hat Trick

First, Chicago police officer John Haleas was found to be fabricating DUI cases last April (and currently faces related felony criminal charges), then earlier this week the Chicago Sun-Times reported that Chicago police officer Joe Parker stands accused of doing much the same. And today the Chicago police face yet another black eye - Chicago police officer Richard Fiorito faces a federal lawsuit alleging he, too is ready to make up a DUI case from thin air.

To be sure, this is not a good week for the CPD, and Cook County States Attorney Anita Alvarez cannot be very pleased to have to deal with this in her first months in office.

Probably more miserable tonight is embattled Superintendant of Chicago Police Jody Weis, who just a few days ago, refused to comply with an order by U.S. Magistrate Maria Valdez requiring the Department turn over information about officers with multiple complaints. Talk about bad timing!

Inexplicably, Weis, who is sworn to uphold the Consitution, and to protect the public, argued that turning over the information would “compromise officers’ performance, threaten safety, reduce morale and improperly impugn many officers’ otherwise well-deserved good reputations.”

Superintendant Weis - given the accusations against officers Haleas, Parker and Fiorito, don't you think that not turning over the information does more to "threaten" public safety? Shouldn't you be concerned that the actions of these officers "reduce morale" of their fellow officers? Isn't it time for you to act to protect the public from official misdconduct? Doesn't the act of sheltering officers repeatedly accused of misconduct "impugn many officers' otherwise well-deserved good reputations?"

DUI is punishable in Illnois by up to 364 days in jail and up to $2500 in fines plus costs. Defendants stand to lose their licenses, thousands of dollars, their freedom, their reputations, and in some cases their jobs. Stop playing hide the ball - Chicago police officers need to know their credibility and professionalism is fundamental to the performance of their duties and is not subject to compromise.