Driver sober AND get pulled over.

Nothing warms my jaded, criminal defense attorney heart more than when law enforcement comes up with cute catch phrases.  I’ve always loved it when Illinois State Troopers talk about the “Fatal 4”.  I especially love “click it or ticket” because the Illinois law really only lived up to a “watered down” version of the phrase until the decidedly “big government” Bush administration tied changes in the law to eligibility for federal funding:

SENATE BILL 50: Primary Seat belt Legislation
The new law changes the Illinois Vehicle Code’s seat belt law from a “secondary” violation to a “primary” violation. Formerly, law enforcement officials could not stop a motor vehicle solely on the basis of a violation of the seat belt law. This law removes that exception, enabling law enforcement officials to stop vehicles solely on the basis of seat belt violations. The law provides that a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver or a passenger solely because of a violation of this law. The law took effect immediately upon signing by the governor. Illinois is the first state this year to enact primary safety belt legislation and the 19th state across the country.

No discussion of cute-catch-phrases-tied-to-federal-funding would be complete without “Drive Sober Or Get Pulled Over” though.  As I explained back in December, that propaganda (and, more accurately, the funding behind it), is why you start seeing news of all the “checkpoints” that pop up everywhere around the holidays (I really should go back to see exactly how many St. Charles DUI arrests were made as a result of that weekend… and then check that number against the number of DUI arrests made on a “normal” weekend to see if the the money and resources spent were actually justified).

Nevertheless, I’m very saddened to read today that not everywhere lives by “drive sober or get pulled over.”  In fact, in Wisconsin, it looks like they’ve bought into quite the opposite- drive sober and get pulled over:

Tanya Weyker was hurt so badly, she couldn’t blow into a breath-testing device or perform field sobriety tests. But a Sheriff’s deputy arrested her for drunk driving anyway. And the County hung those charges over her head for nearly a year, even long after blood tests proved she was perfectly sober.

Wait. She was just driving down the road and got a DUI?  Nothing is that simple. Obviously, there’s a catch.  That catch is that you’ve got to let the cop run into you, first (and lie about it, second):

A Milwaukee County Sheriff’s Deputy rolls through a stop sign and causes a violent crash. So why was the victim placed under arrest?
A FOX6 Investigation finds that a deputy’s changing story may have changed one woman’s life forever.
* * *  

Tanya Weyker remembers it clearly. Not just the crash that broke her neck in four places, but the false accusations that followed.
“My reputation is everything to me,” she said.
At the age of 25, Weyker’s criminal history is as flawless as her posture. She was diagnosed with cancer at age three, and the prolonged radiation treatments literally curved her spine. So doctors inserted metal rods to keep her back straight. The lifelong medical complications have not stopped her from pursuing a college degree. Or from driving a car. In fact, Weyker had never gotten so much as a speeding ticket until the night she crossed paths with Milwaukee County Deputy Sheriff Joseph Quiles.
* * *
The truth might never have surfaced were it not for video from a nearby airport surveillance camera. It shows what investigators say is Deputy Quiles’ squad car traveling west on Hutsteiner Avenue, then continuing onto Howell without making a complete stop, as Quiles claimed in his report. The Sheriff’s Office knew about the video just two days after the crash. But no one told Weyker.
Instead, the County sent letters blaming her for the crash and threatening legal action if she didn’t pay for the damage.

I especially like the classy part where the government threatens to sue her for all of the problems she has clearly caused. I wonder if there’s some sort of cute, federally funded catch phrase for that.  Maybe something nice like, “Minding you own business? We’ll still sue ’til we win this” or “Victim of timing? We’ll sue ’til you’re whining.”

I’m sure this is just an isolated incident and all the other people arrested for DUI by this guy are guilty, right? Right.

Author: matthaiduk

Matt Haiduk is a criminal defense lawyer in Illinois. He loves his dog. And pizza.

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