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Wheaton City Attorney 2012 Budget -DUI Prosecutor Costs

I think it only fair to outline the Wheaton City budget first before we get into the amount of money Wheaton spends on city attorneys and their unusual special attorney that specifically handles DUI and DWI cases. A type of charge that undoubtedly the Wheaton city Pd officer who endangered the lives of a family and could have killed residents would have been charged under.

http://triblocal.com/wheaton/2012/02/29/city-budget-expected-to-look-like-last-years-official-says/ . To quote local tribune reporter Michelle Manchir ” No city staff layoffs or significant cuts to Wheaton’s budget are expected as officials begin preparations for next year’s spending plan, City Manager Don Rose said.”

To see the full budget you can go to  : http://www.wheaton.il.us/uploadedFiles/Departments/Finance/Forms/_FY%202011-12%20FINAL%20BudgetWEB.pdf

Wheaton city legal services and police salaries out of control.

Budget line item: 5470

Consultant Services $180,900
Prosecutor Services : $30,900
Outside Legal Services : $100,000 
DUI Prosecutor : $50,000 

Total Attorney Costs -Account Description Amount Description 2011/2012 5410

City Attorney Retainer : $173,000
City Litigation Costs:  $30,000
Total Legal Services $383,900

Costs to Wheaton Taxpayers to pay for SPECIAL Wheaton IL city DUI prosecutor and defend actions of prosecutorial services as a direct result of employing him.

Now typically in 99% of states, DUI or DWI prosecutions would be handled by the state, since we do consulting and attorney advertising nationwide. However, Wheaton IL DUI’s are an abnormality to that rule of law. See in Wheaton IL the [city] of Wheaton found that they could actually MAKE money by in many cases falsely arresting and charging citizens and individuals under DUI laws and make a profit doing so for the city – so much so that the city has required a minimum $750 fine far in access of the state’s fines for those convicted whether legally or in many cases illegally. So much so that they decided to hire their own special attorney at the cost of $50,000 a year + expenses to handle DUI cases. However, they need to be able to justify his records on the books, so in order to go to the citizens of Wheaton and say what a FINE job he’s doing, they need to keep his conviction rate up. So cops are now being forced to write a number of tickets against citizens and fine restaurant establishments in the city of Wheaton IL in order to say : Look at what a great job we are doing. When in fact what they are doing is arresting law-abiding citizens, stealing YOUR taxpayer dollars and providing less protection to the citizens of Wheaton and those visiting Wheaton IL establishments.

CITY OF WHEATON v. LOEROP :

http://caselaw.findlaw.com/il-court-of-appeals/1519344.html

The CITY OF WHEATON, Plaintiff-Appellee, v. Matthew LOEROP, Defendant-Appellant. No. 2-08-0454. – March 31, 2010

From this, defendant argues that Wheaton may not set a minimum fine for a DUI offense, because to do so would require that the Vehicle Code not be uniformly applied. To be sure, a reading of section 11-208.1 of the Vehicle Code might suggest that, because the DUI offense with which defendant was charged refers to a state charge that falls within the same chapter and act as section 11-208.1 of the Vehicle Code, Wheaton may not set a minimum fine for a DUI offense. However, section 11-207 suggests otherwise. After again emphasizing that the provisions of the chapter should be applied uniformly throughout the state, section 11-207 states:

“[N]o local authority shall enact or enforce any ordinance rule or regulation in conflict with the provisions of this Chapter unless expressly authorized herein.” 625 ILCS 5/11-207 (West 2006).


Of course as to be expected the courts sided with the city of Wheaton and affirmed they [city of Wheaton IL] have authority to impose a minimum $750 fine against those arrested under DUI laws. Though clearly, it can be seen how prosecuting their own DUI cases can be a huge money maker for the city. 

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