16 POLICE AGENCIES PARTICIPATE; FOUR RECORDED BACs TOP .160
2014-04-10 — Kane County’s St. Patrick’s weekend No-Refusal operation, a collaboration of the Kane County State’s Attorney’s Office and 16 law-enforcement agencies, resulted in 10 DUI arrests and lawfully produced 10 blood-alcohol concentration samples.
The operation included 13 municipal police departments – Algonquin, Aurora, Carpentersville, East Dundee, Elburn, Elgin, Geneva, Huntley, Montgomery, Pingree Grove, St. Charles, South Elgin and West Dundee, along with the Kane County Sheriff’s office, and Illinois State Police Districts 2 and 15.
Of the 10 BAC samples, seven were breath samples and three were blood samples. Four of the seven breath samples were at least twice Illinois’ threshold of .08.
“Although 10 DUIs is a higher number than we’d like to see, we are pleased that we were able to get BAC samples from everyone charged, and we are pleased that 10 impaired drivers were stopped from driving,” Kane County State’s Attorney Joe McMahon said.
“Our office has used the No-Refusal initiatives as a law-enforcement tool, and we will continue to do so. We believe it is effective in holding drunken drivers accountable, as well as in educating the public about the risks of impaired driving. The best way to avoid a DUI conviction is to not drive after consuming alcohol.”
The March 15, 2014, No-Refusal was the fourth in Kane County held in conjunction with St. Patrick’s Day. Others were in 2009, 2012 and 2013. A total of 37 drivers have now been charged with DUI or DUI-related offenses in St. Patrick’s Day operations.
St. Patrick’s Weekend – the detailsFrom 11 p.m. March 15 to 3 a.m. March 16, 2014, officers who stopped and then arrested a suspected drunken driver – a driver who was lawfully stopped for a moving violation and subsequently displayed signs of impairment or intoxication – transported the suspect to the local police station.
At the station, the suspect was asked to submit a blood-alcohol concentration sample in the form of breath. Any suspect who refused to provide the sample was instructed that a search warrant would be sought ordering them to provide the sample if they continued to refuse. Any suspect who continued to refuse to submit to chemical testing after a being presented with a search warrant possibly faced additional sanctions. Illinois courts have consistently held that there is no right to refuse chemical testing when probable cause exists.Of the 10 who were arrested, five initially refused to provide the lawfully requested BAC sample. When told that law enforcement would obtain a search warrant that gives police the authority to collect a blood, breath or urine sample, one defendant immediately agreed to provide a blood sample and the other defendants continued to refuse. A second defendant agreed to provide a breath sample as the warrant was being prepared. Search warrants were obtained for the remaining three defendants. When presented with the warrant, one defendant agreed to provide a breath sample. The other two continued to refuse, but when told that their blood would be drawn, they complied.No one was charged for refusing to willingly provide the BAC sample.
The BAC breath samples collected were .103, .143, .150, .164, .191, .222 and .222. The blood samples were submitted to a laboratory for testing, and the BAC content of the samples have not yet been returned to authorities. Illinois law states that a person is presumed to be unlawfully intoxicated for the purposes of operating a motor vehicle if their BAC is .08 or higher.
At least one of those charged with misdemeanor DUI offenses is eligible for enhancement to felony charges.
The participating agencies and those charged:
Thomas Fabich, 29 (d.o.b. 3-21-1985), of the 300 block of Harvest Gate, Lake in the Hills, was charged with two counts of DUI, each a Class A misdemeanor. His next court appearance has been set for 9 a.m. April 11, 2014, in Courtroom 203 at the Kane County Judicial Center in front of Associate Judge Robert Morrow.
Benjamin D. Olson, 19 (d.o.b. 8-7-1994), of the 1300 block of Marseillaise Place, Aurora, was charged with two counts of DUI, each a Class A misdemeanor, and other charges. His next court appearance is set for 8:30 a.m. April 16, 2014, in Courtroom 203 in front of Judge Morrow.
Juan Carlos Alzate-Morales, 40 (d.o.b. 11-20-1973), of the 100 block of Edgewood Avenue, Aurora, was charged with one count of DUI, a Class A misdemeanor, and other offenses. His next court appearance is set for 8:30 a.m. April 16, 2014, in Courtroom 203 in front of Judge Morrow.
Adalberto Amaro, 41 (d.o.b. 4-23-1972), of the 1100 block of Jackson Street, Aurora, four counts of DUI, two are Class 4 felonies and two are Class A misdemeanors, and other offenses. His next court appearance is set for 9 a.m. April 2, 2014, in Courtroom 217 in front of Associate Judge Thomas J. Stanfa. 3
Juan H. Ortega, 44 (d.o.b. 10-22-1969), of the 200 block of Kathleen Drive, was charged with four counts of aggravated DUI, each a Class 4 felony, and other offenses. His next court appearance is set for 9 a.m. April 2, 2014, in Courtroom 217 in front of Judge Stanfa.
Julian L. Morales, 44 (d.o.b. 7-6-1969), of the 1400 block of Larkin Avenue, Elgin, was charged with two counts of aggravated DUI, each a Class 2 felony. His next court appearance is set for 9 a.m. April 24, 2014, in Courtroom 217 in front of Judge Stanfa.
Wallace J. Luyten, 38 (d.o.b. 11-20-1075), of the 1800 block of Jeanette Avenue, St. Charles, was charged with one count of DUI, a Class A misdemeanor, and other offenses. His next court appearance is set for 8:30 a.m. April 9, 2014, in Courtroom 203 in front of Judge Morrow.
ILLINOIS STATE POLICE DISTRICT 2
Thomas L. Roulds, 62 (d.o.b. 12-26-1951), of the 400 block of Belmont Street, Elgin, was charged with two counts of DUI, each a Class A misdemeanor, and other offenses. His next court appearance is set for 8:30 a.m. April 9, 2014, in Courtroom 203 in front of Judge Morrow.
Robert M. Fortelka, 48 (d.o.b. 6-14-1965), of the 500 block of Ingalton Avenue, West Chicago, was charged with two counts of DUI, each a Class A misdemeanor, and other offenses. His next court appearance is set for 8:30 a.m. April 7, 2014, in Courtroom 203 in front of Judge Morrow. 4
Gloria J. Carlson, 49 (d.o.b. 3-12-1965), of the 47W block of I C Trail, Maple Park, was charged with one count of DUI, a Class A misdemeanor, and other offenses. Her next court appearance is set for 8:30 a.m. April 23, 2014, in Courtroom 203 in front of Judge Morrow.
The St. Patrick’s weekend 2014 No-Refusal initiative was the 15th to be conducted in Kane County; the first was in May 2008. In the 14 prior No-Refusals, 113 motorists were charged. Most have pleaded guilty to DUI, although many cases are pending.
The initiative is designed to thwart suspected drunken drivers who refuse to submit to a breath test after an arrest on DUI charges. Through the No-Refusal strategy, officers expedite the DUI booking process. With guidance from an assistant state’s attorney, officers seek a search warrant to compel a DUI suspect to submit to a lawfully requested BAC test as required by Illinois’ Implied Consent statute.
The operation is buoyed by Illinois law and the courts, including the fact that driving is not a right but a privilege granted by the Secretary of State; Illinois’ Implied Consent statute, which is based on the principle that when people drive on Illinois streets and roads, they have implicitly consented to submit to a lawfully requested test to determine the alcohol content of their blood, breath, urine or other bodily substance; and Schmerber vs. California, in which the U.S. Supreme Court in 1966 ruled that taking blood against a person’s wishes does not violate a person’s right against unreasonable searches and seizures or compelled self-incrimination.
For the last several years, however, according to the Illinois Secretary of State’s Office, approximately 50,000 motorists each year are cited for DUI. Of those, about 40 percent, or 20,000, refuse to submit to a BAC test, denying the state lawfully allowed evidence needed to prosecute a criminal case. The No-Refusal operation is designed to ensure that the evidence is lawfully collected.
NHTSA National DUI Facts
Between midnight and 3 a.m., drunken driving claims a life every 23 minutes
Every day on average, 1,440 people are injured and 29 are killed because of drunken driving
11,000 people die on U.S. roads every year because of drunken driving
Illinois Secretary of State DUI Facts
335 people were killed in alcohol-related crashes in 2012
37,126 DUI arrests were recorded in 2012
86 percent of all drivers arrested for DUI are first offenders
The charges against those named above are not proof of guilt. A defendant is presumed innocent and is entitled to a fair trial in which it is the state’s burden to prove his or her guilt beyond a reasonable doubt.