Language in grants that fund a number of Illinois suburban police patrols is coming under scrutiny by those who feel they may have been unfairly targeted for drunk driving. Because of the phrasing in the grants, people may be able to challenge a drunk driving citation and have their driver's license reinstated.
The language that is being called into question revolves around the fine print in federally-funded grants. There are "performance objectives" listed in the grants. Intended to serve as a measuring tool, these objectives have the appearance of being a quota system. Quota systems are not allowed in the state of Illinois.
Police are referring to the grant language as merely objectives or guidelines. They claim that if it were an actual quota system, officers would be punished for not achieving the specified numbers. They claim they are not punished for not meeting the numbers. It is said that the inclusion of the objectives is just a way of tracking the efficacy of the grant money.
However, legal challenges have focused specifically on this language in order to appeal arrests for drunk driving. If officers feel compelled to make arrests based on a quota, they may violate a person's rights. An arrest needs to be carried out lawfully in order to be legitimate.
When a person is pulled over for suspected drunk driving, he or she still has rights. If a person believes he or she was unlawfully approached or detained during a drunk driving arrest and loses his or her license, there may be ways of challenging the penalty. Fines may be dismissed, charges could be dropped and driving privileges could be reinstated.
Source: The Herald-News, "Are state, feds tying police grant money to DUI arrest quotas?" Jon Seidel, Feb. 11, 2012
Comments: Leave a comment






No Comments
Leave a comment