Sunday, June 30, 2013

DUI ticket, but 0.00% BAC

You say it can't happen? Really?

Recently I wrote about Woodstock's vehicle impoundment law and the opportunity for police to ticket a driver and impound his car. If the ticket is dismissed, the driver is still out the $500 for his impoundment fine, the tow charge and the storage fees.

Why? Because of the legal advice from the City's law firm, Zukowski Rogers Flood & McArdle, of Crystal Lake. ZRFM either wrote or approved the ordinance that became Woodstock's law.

There is a way, one way, for you to get your $500 back. You have to go to trial AND be found Not Guilty. If a judge dismissed your ticket or the State's Attorney abandons prosecution, you are still out your $500. Is this fair?

Here's the story of Jessie Thornton, 64, a retired firefighter, who was ticketed by the Surprise (Arizona) PD for DUI. Now get this: his BAC was 0.00% and a drug recognition expert cleared his as sober, but Surprise's "Finest" ticketed him, anyway.

The DUI charges have since been dropped, and Thornton is suing the Surprise PD in Federal court. Go get 'em...

Could this happen here? You betcha.

The City of Woodstock needs to re-visit its ordinance immediately and remove the unfair requirement of a trial and Not Guilty finding for a driver to recover his $500 impoundment fee.

Agree? Call City Manager Roscoe Stelford and Mayor Brian Sager tomorrow. City Hall: 815.338.4300.

4 comments:

Maverick50 said...

It goes to show you that they DON"T want to fix the problem... they want to harvest it(MONEY< MONEY MONEY)! GREEDY SOBs, standard Illinois politics! Damn I hate this states more each day!

Ms.Hillary said...

There are dumb Sh*ts anywhere. Arizona or Illinois. The worst thing is red light cameras and radar cameras. There is no evidence to support that they reduce accidents on bit. Its all about MONEY $$$$$$$

It is all done outside the court by some low paid administrative clerk. They don't go against your DL so it is all about $$$$$$

Dave Labuz said...

Gus Said:

>>>> ZRFM either wrote or approved the ordinance that became Woodstock's law.

ZRFM CANNOT "approve" that Ordinance - only the Mayor & Trustees can.

Most such Ordinances are "canned" or off-the-shelf basically.

Such Ordinances are proffered to a Board for their approval because such an Ordinance was requested by them in the first place.

Either way, yes, it is all about the money.

And either way, yes, State Statutes over the years, were approved by the Legislature to allow for fines & penalties endured that cannot be challenged either directly, without harm to yourself, or which cost to challenge far exceeds the fine they wish to extract.

Your government at work, people. We no longer have Due Process, nor Habeas Corpus.

Their dodge?

That it's a fine, and not a criminal charge.

It's all b*llshit. We know it. They know it. Yet we keep electing them? Really?



Gus said...

By "approve" I suspect you know that I meant that ZRFM would okay any off-the-shelf model ordinance the City might have favored. After the lawyers blessed it, then the City Council would vote on it.