Chicago DUI Lawyer Blog

Arsenio Garcia, 24, was arrested and charged with misdemeanor DUI Saturday morning after allegedly striking a Chicago Police squad car. Police say Garcia was wearing only his underwear and socks when he was arrested.

Police were contacted by a concerned citizen around 11 a.m. when the vehicle in question was driving through an alley on the 2800 block of North Kostner Avenue on the city's Northwest Side. The vehicle eventually drove the wrong way on a one-way street and collided with a squad car that was responding to the area.

Police officials say that after the crash, the man opened the door and fell out of the car wearing only his underwear and socks. He was transported to a hospital for minor scrapes. The Chicago officer driving the squad car was also taken to a local hospital for minor injuries.

Garcia was charged with misdemeanor DUI, driving the wrong way on a one-way street, using an alley as a through street, driving without a license, no insurance, failure to reduce speed, and damage to public property. His first court date is scheduled for March 6th at the Daley Center.

Cops: Man wearing underwear, socks charged with DUI after striking squad car, www.chicagotribune.com, January 15, 2012

Drunk Driver Wearing Only Socks & Underwear Hits Cop Car, www.chicago.cbslocal.com, January 15, 2012

Officer Richard Bolling, 42, faces charges of aggravated DUI, reckless homicide and leaving the scene of an accident for a fatal 2009 crash. Bolling was off-duty and on his way home from a club when police claim he struck and killed 13-year-old Trenton Booker, who was riding bikes with his friend.

Cook County prosecutors claim that minutes after striking the boy, Bolling was curbed driving the wrong way down a one way street with blood splattered on his damaged windshield. He did not hit his brakes until he was pulled over by police. Police claim they found an open bottle of beer and a bag of White Castle hamburgers spilled on the floor.

Bolling was not given field sobriety tests until almost two hours later and officers claimed that he passed those tests. In addition, his BAC was tested four and a half hours after the accident, which resulted in a .079 reading.

Witnesses testified they heard Bolling's car rev it's engine and estimated the vehicle to be speeding nearly 70 mph in a 30 mph zone. Cook County prosecutors will likely call an expert to estimate his BAC at the time the accident actually occurred.

Bolling's defense attorney denies that special treatment was ever given to his client and he was fully cooperative throughout the arrest. He also claims that although his client admits having a few drinks before leaving the club, he was not drunk.

Defense: Cop in fatal DUI case got no favors, www.chicagotribune.com, January 11, 2012

Cop wasn't drunk when he killed bicyclist, 13, attorney says, www.suntimes.com, January 11, 2012

A Tennessee man was charged with DUI on New Year's Day after allegedly falling asleep in his vehicle in the drive-through lanes of the Rock 'n' Roll McDonald's in River North. At approximately 6 a.m. on Sunday morning, Walter Dixon, 30, was reportedly sleeping in his SUV alongside another sleeping passenger. Officer's claim Dixon said he "just wanted another McDonald's sandwich," when he awoke.

Dixon reportedly admitted to having consumed several glasses of wine, and an open bottle of tequila was found in the vehicle. He had a BAC of .207. In addition to driving under the influence, Dixon was charged with illegal transportation of alcohol, driving on a revoked license, and obstructing identification after allegedly providing officer's with a false name.

Driver Caught Drunk, Sleeping in Drive-Thru: Cops, www.nbcchicago.com, January 3, 2012

Motorist who passed out in drive-through `just wanted another McDonald's sandwich', www.chicagotribune.com, January 2, 2012

Onofrio "Josh" Lorusso, 20, on probation for a 2009 DUI accident which resulted in the death of his friend, faces resentencing after authorities were alerted of his recent underage drinking arrest in Des Plaines. His deceased friend's grandmother saw Lorusso's name in her local Des Plaines newspaper and alerted Kane County probation.

A petition to revoke Lorusso's Kane County probation was filed and a Kane County judge set bail at $10,000. The Assistant State's Attorney had asked the judge to set bail at $250,000. Lorusso has a clean probation record and has given numerous speeches to community groups and victim impact panels on the hazards of driving under the influence. Lorusso could be resentenced on the DUI charge on February 9th.

Student on probation in DUI death faces resentencing, www.chicagotribune.com, December 16, 2011

Sergio Galvez-Delira, 24, of Glenview allegedly traveled for over 10 minutes on the wrong side of the Edens Expressway before being stopped by police near Tower Road in Glencoe. He had reportedly been driving north in the southbound lanes in his Mitsubishi SUV. Luckily, there were no injuries or deaths as a result, although some close calls were witnessed by other motorists. The driver was charged with DUI, reckless driving, improper lane usage, open alcohol, and driving without insurance.

Galvez-Delira reportedly has a clean driving record. Police claim they received approximately 15 calls from drivers on the Edens reporting the incident which occurred at 2:30 a.m. on Thursday.

Man charged with DUI after SUV is driven wrong way for miles on Edens, www.chicagotribune.com, December 16, 2011

Alia Bernard, 27, of Aurora pleaded guilty to aggravated DUI on Friday in Kane County. Bernard had allegedly been reaching for a pair of sunglasses when she rear-ended a stopped car on Illinois Route 47 in 2009. The vehicle that Bernard struck hit another vehicle waiting to make a left turn. That vehicle was pushed into the oncoming lane and into the path of motorcyclists who then struck her car. Wade and Denise Thomas, a couple from St. Charles, were killed in the accident.

Bernard's criminal defense attorney claimed that although his client had marijuana in her system, she had not used the drug in three or four days before the accident occurred. As a result, she was not impaired at the time. However, the Illinois Supreme Court recently affirmed that any amount of an illegal substance in a driver's system can support an aggravated DUI charge.

Bernard faces six to twenty-eight years in prison, or probation. She has no prior criminal record. Sentencing will be held on February 8 in Kane County.

Woman pleads guilty to DUI in fatal Kane County accident, www.chicagotribune.com, December 9, 2011

Joseph Brynda, 20, of Oak Lawn pleaded guilty to aggravated DUI as well as an unrelated burglary charge according to the Cook County State's Attorney's office. Brynda was convicted of of killing a pedestrian, Phillip Rangel, while driving under the influence and texting. Cannabis and freon were found in Brynda's system and a witness claims that the defendant appeared to be driving with his knees at the time of the accident.

A judge at the Bridgeview Courthouse sentenced him to seven years in prison on Wednesday. The defendant reportedly had eight prior driving violations including one previous accident involving injuries. In addition, he was charged in 2008 with drinking alcohol as a minor and in 2009 with possession of marijuana.

Joseph Brynda Gets Seven Years For Fatal DUI Crash, www.huffingtonpost.com, December 8, 2011

Oak Lawn man gets 7-year sentence in fatal DUI case, www.suntimes.com, December 7, 2011

Anthony Wnek, 47, faces felony charges of false impersonation of a police officer and fleeing a police officer along with misdemeanor DUI and a variety of traffic violations after a bizarre incident that took place on Friday evening.

Wnek allegedly pounded on the door of a Lake in the Hills neighbor, Steve Tatgenhorst, while yelling "U.S. Marshals, U.S. Marshals. Open the door!" Tetgenhorst looked outside to see the man with a badge on his shirt. After briefly opening the door to find the man standing there alone with a hand behind his back, Tatgenhorst became skeptical and called Lake in the Hills Police. Police claim Wnek drove away and later returned while an officer was on the scene. A chase ensued and ended when Wnek pulled into Lake in the Hills police station lot, where he was finally arrested.

Tatgenhorst reportedly does not know Wnek personally and is unsure of his motives. Wnek's criminal case will be heard at the McHenry County Government Center in Woodstock.

Police: Lake in the Hills man impersonated U.S. marshal, www.dailyherald.com, November 22, 2011

Hector Barajas, 23, was charged with driving under the influence as a result of a two-car crash that left one man dead and three other people injured. One of the vehicles hit a light pole.

One victim was pronounced dead at Northwestern Memorial Hospital an hour after the crash. Two of the other victims were taken to the hospital in serious to critical condition, while the third was in good to fair condition.

Along with DUI charges, Barajas was cited for reckless driving, driving without insurance and speeding.

Man charged with drunken driving in Southeast side crash that killed 1, injured 3, www.chicagotribune.com, November 14, 2011

Mark F. Jorgensen, 34, allegedly sped by a squad car that was blocking a roadway during an investigation into an earlier crash. He continued westbound and passed a second squad car that had its emergency lights activated.

He was pulled over and subsequently arrested for driving under the influence. Jorgensen was also cited for operating an uninsured vehicle, fleeing or attempting to elude police, reckless driving, failure to yield to an emergency vehicle, and failing to obey a police officer.

Cops: Intoxicated Aurora man speeds by police blockade, www.dailyherald.com, November 14, 2011

Mike Stojanovich, 51, was described by prosecutors as "absolutely hammered" when he was arrested for his sixth DUI. Stojanovich was arrested after he rear-ended a car and subsequently fled the scene. He was found by police officers shortly after the crash.

Stojanovich admitted to drinking at least one bottle of vodka. He was reportedly unable to walk and was taken to the hospital for blood testing where he had a BAC over three times the legal limit at 0.30.

Stojanovich had been convicted of DUI in 1990, 1992, 1997, 2006 and 2009. He will have to serve at least four and a half years of the nine year sentence for his most recent DUI.

Elmhurst man gets nine years for sixth DUI, www.dailyherald.com, November 10, 2011

"No-Refusal" enforcement was in full effect over Halloween weekend resulting in 7 DUI arrests in Kane County. Police officers form Carpentersville, East Dundee, Elgin, South Elgin, West Dundee and the Illinois State Police participated.

"No-Refusal" enforcement arranges for Assistant State's Attorneys to be on call to request search warrants from a Judge to obtain blood samples from suspects who refuse to provide a sample. Failing to comply with the search warrant can result in charges of contempt of court or obstruction of justice.

Two of the seven people arrested initially refused testing. One complied once he was informed they would get a search warrant and the other submitted to testing once the the search warrant was obtained. Blood alcohol levels from that night ranged from 0.05 to .021 percent.

Halloween "no refusal" effort nets 7 DUI arrest in Kane Co., www.dailyherald.com, November 9, 2011

Eric M. Barth, formerly of South Elgin, was sentenced to five years in jail and must also participate in Illinois Impact Incarceration Program for severely injuring a couple in a December 2010 DUI crash.

Barth, 22, was driving a Chevy pickup truck when his vehicle crossed into the opposite lane of traffic and struck another SUV head-on causing a sedan traveling behind the SUV to strike both vehicles. The driver and passenger of the SUV suffered serious injuries. The passengers of the other vehicles suffered minor injuries.

Barth fled the scene of the crash but returned shortly thereafter. Responding officers found two empty and two unopened beer cans on the floor of the the front driver's seat. Barth's blood alcohol level was more than 2 1/2 times the legal limit at .207 percent. He plead guilty to two counts of aggravated DUI.

Man gets five years for injuring couple in DUI crash, www.suntimes.com, November 7, 2011

Julio Duran, 27, was charged with aggravated DUI after crashing into an auto repair shop in the Mount Greenwood neighborhood around 1:20 a.m. last Friday. Duran allegedly measured a BAC of .294, more than the three times the legal limit.

Duran was taken in critical condition to Advocate Christ Medical Center in Oak Lawn. He remained in the hospital on Saturday while a judge ordered him held on $250,000 bond.

Duran was also cited for Failure to Reduce Speed to Avoid an Accident, Driving on a Revoked License and Driving without Insurance.

Drunken southwest side driver charged for Mount Greenwood Wreck, www.myfoxchicago.com, November 6, 2011

Geno Green, 25, was charged with felony aggravated DUI after a crash that left a 52 year old woman severely injured. The victim, who's name has not been released, was crossing the street when Green allegedly struck her with his vehicle throwing her onto the pavement. She was taken to Stroger Hospital in critical condition.

Green has also been charged with Possession of Marijuana, Failure to Yield to a Pedestrian, Failure to Carry a Driver's License and Failure to Reduce Speed.

Court records show Green was previously charged with felony Possession of a Controlled Substance in 2010 but charges were later dropped. He was also charged with Possession of a Controlled Substance in connection to a Traffic case earlier this year but those charges were also dropped.

Man charged with DUI in crash that severely injured woman, www.chicagotribune.com, October 26, 2011