Georgia DUI Blog » Police conduct issues

156 DUI Cases in Chicago Dropped Because of Bad Policework

admin — Sat, 04 Oct 2008 19:09:26 +0000

Over 150 DUI arrests by a decorated Chicago area policeman have been dropped because the police officer was caught falsifying arrest information. Chicago police officer John Haleas, who had recently been honored for writing up the most DUI arrests in Cook County, has been indicted for perjury, obstruction of justice and official misconduct for lyin. Apparntly, Officer Haleas failed to follow departmental procedure regarding the administration of field sobriety tests, breath tests and legally required warnings.

While most police officers are honest, hardworking and diligent in performing their duties. you have an absolute right question or challenge an arresting officer's conduct during your DUI or other criminal arrest. The Georgia legislature has put into place important safeguards to protect citizens against overzealous police officers and prosecutors. Sometimes the state's mistakes are not as significant as those of Officer Haleas. However even minor deviations from procedure can provide you and your lawyer leverage to challenge an arrest, and can help in lawyer-prosecutor negotiations.

Thanks to Chicago DUI lawyer Ava George Stewart for posting information about Officer Haleas.

What Causes a Police Officer to Suspect You of DUI?

4GeorgiaDUI Blog — Sat, 19 May 2007 19:02:54 +0000

Have you ever wondered what signs of intoxication signal police officers to pursue a DUI investigation? Attorney Jamie Spencer from Austin, Texas writes in his Texas DWI Defense blog that signs of intoxication include

Odor of Alcohol: Strong, Moderate, Faint, None
Eyes: Bloodshot, Watery, Glassy, Dilated, Constricted
Speech: Mumbled, Slurred, Confused, Not Understandable, Mushmouthed, Stuttered, Fair, Good, Accent, Thick Tongued
Balance: Wobbling, Falling, Swaying, Unsure, Needed Support
Attitude: Excited, Hilarious, Talkative, Uncooperative, Profanity, Polite, Sleepy, Combative, Indifferent, Cooperative, Insulting, Cocky
Walking/Turning: Falling, Swaying, Staggering, Stumbling

Why are these signs important? While the State (i.e. police officer) has a certain amount of leeway to investigate drivers, that leeway is not unlimited. If the officer does not have reasonable cause to suspect that a defendant is under the influence, the arrest and subsequent evidence gathering can be attacked and possibly excluded.

Jamie writes that he will explore each of these factors in subsequent posts on his blog.

Technorati Tags: signs of DUI, right of officer to arrest me for DUI, challenge DUI arrest

Beat up by the police

4GeorgiaDUI Blog — Fri, 03 Mar 2006 20:35:18 +0000

I think that the cop who arrested me was abusive. After he handcuffed me, he pushed me into the back seat of his cruiser and smashed my head against the door frame. Is there anything I can do?

Well, if that's all he did, then you would be better off not to pursue it. After all, most people do not like being arrested, and complain about the smallest matter that comes to mind. Many complain about the cuffs being too tight and being pushed around, but that does not equate to being beaten for no cause while under restraint, or kicked when on the ground or otherwise being grossly abused. If you have been grossly abused, then you should contact an experienced attorney who can help you obtain compensation for your injuries. But, remember, you must be injured to get compensation and mere bruises or being handcuffed too tightly is not going to be sufficient for an award of damages.

Georgia DUI blog

4GeorgiaDUI Blog — Mon, 13 Feb 2006 17:27:39 +0000

This is the first post for Guy Sharpe's Georgia DUI defense blog. Your questions and comments are welcomed.

–Guy

Yes, lawyers and clients frequently refer cases to us.