PRESS RELEASE
March 24, 2010
SEVEN TIME DUI OFFENDER SENTENCED TO 10 YEARS IN THE ILLINOIS DEPARTMENT OF CORRECTIONS
FOR IMMEDIATE RELEASE:
Louis A. Bianchi, McHenry County State’s Attorney, reports that Defendant David S. Prescott was sentenced to 10 years in the Illinois Department of Corrections today following a conviction for his 7th DUI offense. Prescott was found guilty of the Class X Felony DUI following a 3 day jury trial prosecuted by Assistant State’s Attorneys Jeffrey Bora and Ryan Blackney. On the day of his arrest, Deputy Thomas Jones of the McHenry County Sheriff’s Office witnessed the defendant operating an ATV on a public roadway after leaving a liquor store with a case of beer attached to the rear. The defendant failed a battery of field sobriety tests and refused to submit to chemical testing. He was subsequently arrested.
The offense was punishable by a sentence of between 6 and 10 years in the Illinois Department of Corrections. Noting the defendant to have over 8 prior sentences to the Illinois Department of Corrections, Assistant State’s Attorney Ryan Blackney asked the Court to sentence the defendant to a prison term of 15 years.
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9 comments:
The possible sentence was 6 to 30 years. The defendant had 9 DUIs, but two of the prior DUI's were improperly documented. The judge considered 7 of the DUI convictions. There was no testimony at trial that the defendant had "failed" the field sobriety tests. At trial the deputy admitted that the defendant had successfully completed 7 of 9 of the elements of the walk and turn test. The defendant's driving was uneventful, he did not fail to stop and curbed the vehicle properly. He traveled on the roadway (across Hanson and down an alley street approximately 90 yards. The jury did not hear about past convictions. The defendant did not take the stand.
The jury returned a verdict in 40 minutes and after they left the courtroom they laughed.
"Justice" is so better appreciated when viewed clearly.
Got to love lawyers! "the defendant had successfully completed 7 of 9 of the elements of the walk and turn test" that means he failed two elements right? How many must be failed for the test to be evidence of impairment? Two!!! Two clues is enough for the walk and turn. Would more be better? Of course! But for a career alcoholic with nine DUIs to display at least two clues on the walk and turn is about all you could expect.
I think you'd have to watch the video of the walk-and-turn test to determine in this case whether it looked like he was drunk or not.
If you shine a bright flashlight in my eyes and then tell me to stand on one foot, heck, I might fail that test.
Or give me a lengthy set of directions and then tell me to follow them exactly, when I feel under pressure not to miss even one part of the directions?
Not defending any driver who is drunk here.
What do you mean you're not defending a drunk driver? In your opinion the field sobriety tests and the way they are scored would be invalidated!
Here's what I think. If a cop wants the driver to be drunk, then he'll score him Drunk. And worry (or not) about it later.
How many reports have you read (or written) and used the "standard" language: glassy-eyed, slurred speech, strong odor of alcoholic beverage, red-faced.
If that's all true, fine. If a videotape shows otherwise, isn't there a huge problem?
Of course that would be a huge problem! Writting a false police report is wrong! But to say the cop could just score him drunk and worry about it later? Suspects still have the right to go to court and remember there Gussy, the suspect is always willing to blow and show he's not drunk!
Oh and I like how I shut the lawyer down in just one post! I win!!!
What was this guy's B.A.C.?
Somehow, I just don't think that seven years is a fitting sentence for DUI on an ATV.
What does it cost to imprison someone? $35,-50,000/year?
Did any judge ever order an alcohol treatment program or rehabilitation in a previous sentence?
I haven't visited the site for awhile, and arguing with LEO is not really all that rewarding to me.
The Field Sobriety tests are rigged, which everyone knows but few admit.
Gus is right, a videotape is the best evidence, because there is no opinion on a videotape.
Frank, If I gave you a field sobriety test and you missed 2 out of 9 observations--I guess you'd just be slam dunk drunk, eh?
Bah, even talking about this crap tires me. The driver got his trial and was sentenced ... why do people care?
In other comments, the point that Gus makes about this case costing us about $150K for the defendant's incarceration ... to me ... is interesting. I wonder whether he would ever be incarcerated if the jury had to vote to pay that amount?
Why don't we find multiple DUI drivers and give them 33K/yr. not to get DUI's, and how would that be different.
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