On Thursday I visited McHenry County's Mental Health Court to introduce a friend to how it worked. The court is open to the public, as is almost every other courtroom at 2200 N. Seminary Ave.
His adult son had been charged with several traffic violations, a DUI, and three misdemeanor counts within one Complaint. I had urged him to investigate the Mental Health Court and to refer his son's case to it.
DUI and traffic charges are not handled by the Mental Health Court, but a DUI doesn't automatically rule out the referral for consideration for transfer of the eligible charges to this Court.
What had this man heard about the Mental Health Court?
1. "You can't get into the Mental Health Court, if you are charged with a DUI?"
2. "The Mental Health Court is for people with mental illness, so they can get off.
"Wrong, and wrong!!! Defendants in the Mental Health Court most assuredly do not "get off."
Consider this. What if a driver gets stopped and refuses to submit to roadside sobriety tests or to blow into the breathalyzer? Bingo. The cop is going to charge him with refusing and go for a Summary Suspension. The driver is going to lose his driver's license.
Let's say a forced blood draw takes place. Medical personnel draw the driver's blood. The blood-alcohol content (BAC) is 0.04%. A-ha. The driver wasn't drunk!
How long should it take the attorney to get the DUI dismissed? If I were the driver's attorney, I would immediately deal with the State's Attorney's office to get the DUI dropped and the charge expunged from the court record. AND I would ask for Summary Suspension to be dropped, since the driver wasn't drunk!
Then other traffic charges could be dealt with expeditiously through the normal plea-bargaining that takes place every day in the courthouse. It doesn't have to drag on for months of continuances (and legal fees).
Every attorney in McHenry County should be required to learn exactly what the purpose of the Mental Health Court is and how it operates. If a client is eligible for the Mental Health Court for any non-traffic charges, then he ought to have the option of deciding whether he, the client, could benefit from his case being heard in the Mental Health Court.
Defendants in the Mental Health Court are given every opportunity and assistance for recovery and rehabilitation. Recidivism is low. A goal of the Court is that the defendant changes his ways and doesn't return to court in the future.
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3 comments:
I will take a look at your blog every now and then.. Only to close it out because of the law enforcement issues that you have. However, this one is pretty good. I lived next to a lady and when ever i would see her outside, she would RUN back in, always very short, almost rude like. I just assumed she she was a mean lonely lady. only come to find out (rescue squad showed up) that the husband had been beating her for years... She never wanted to look at me, never interacted with anyone, she had bruises all over... She was in the hosp. for about 4 months. I will try and never assume anything with anyone, I never know what is really going on with someone, you just dont.
You are mixing apples and oranges. The driver made a decision NOT to take the test so under implied consent he loses his DL. If they forced him to submit blood there must have been reason to suspect more. Possibly an injury traffic crash.
Regarding the o.04 BAC that doesn't mean he was not impaired. Maybe he was high or had taken prescription medicine. Taking some med's with alcohol us the same as DUI that is why they have warning labels.
Sec. 11‑501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.
(a) A person shall not drive or be in actual physical control of any vehicle within this State while:
(1) the alcohol concentration in the person's blood
or breath is 0.08 or more based on the definition of blood and breath units in Section 11‑501.2;
(2) under the influence of alcohol;
(3) under the influence of any intoxicating compound
or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;
(4) under the influence of any other drug or
combination of drugs to a degree that renders the person incapable of safely driving;
(5) under the combined influence of alcohol, other
drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or
(6) there is any amount of a drug, substance, or
compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.
It seems to me that the above comment was intended to follow the "What's your story?" article. Blogger.com mistakenly posted it here.
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