Legal Question in Disability Law in Illinois

I was pulled over 6/25/10 because I went through a stop sign that I didn't see because it was covered by tree limbs that must have been out of place due to the storms we have been having in Illinois. Gave my license and insurance. He asked if I had had anything to drink. I said two beers earlier (the truth)! This is where the trouble began. He made me step out of car and proceeded to tell me he wanted field sobriety testing. I then told him I have Multiple Sclerosis & Fibromyalgia and that I wouldn't be able to perform the tests on my best day. He didn't care and basically completely ignored what I had just told him about my disabilities. I start to cry because I am terrified of getting arrested b/c I am unable to stand on one foot or follow his finger with my eyes. I am beginning to get hysterical b/c he is treating me like crap. He asks me to take breath test. I refuse b/c I am not taking any chances. I am arrested and placed in the back of a 90 degree cop car. I start sweating profusely and getting extremely dazed. HEAT IS VERY VERY BAD FOR PEOPLE WITH MULTIPLE SCLEROSIS. I bang on window.....please please I need help I can't be back here I have MS and I am starting to suffer. I can't breathe. Looks at me like I'm nuts....rolls window down halfway and turns on air. I can't feel the air b/c there is a huge plastic window preventing the airflow from getting to me. No breeze out window. My hair is now sticking to my face while sweat drips down. I beg them to let me out. Laugh at me and won't. I beg my friend to get the hair out of my face....I am hysterical again.....they won't let him say he will be arrested.....I am now seemingly fading out. I feel helpless and very very ill. Ambulance comes. I am 1/2 conscious....they started out being rude....first question was (with attitude) "what's wrong with you" or "why are we here". I say I have MS and fibro and some other conditions. He says "So?" I am hot and I can't breathe in the back of the car I had to get out. I am not feeling well. Takes blood pressure. (Some other paramedic makes a rude condescending comment). They say I am fine and release me to "torture cop". Says he is going to be soooo nice and cuff my hands in front. I beg not to go back in car till me leave. He says we're leaving. Put in car. Wait of 5 min till he comes back to car and we're off. A part I left out was that he found medication in my purse. I take medication every day or rather every MORNING for Major Depression, Multiple Sclerosis, Fibromyalgia, Upper Airway Resistance Syndrome, and Periodic Limb Movement. I am on disability and have been for about 3 yrs. He says that I am not allowed to take my medication and drive. I am shocked b/c I have been taking these medications for an extremely long time and never knew that. Then I am treated like a drug abuser. I am sick to my stomach even writing this story. I am traumatized and want to know what options I have. He was abusive and incompetent. I could have died or been left completely unconscious in his back seat. I was there I would say approx 25 min. It felt like eternity. I am severely affected. There is prob more but MS affects memory and cognitive function so only the video will show. I feel wronged, I was treated like trash, and I don't know how I am going to get over this b/c every time I think about it I start shaking and balling. As if I already didn't have enough problems. Do I have any legal recourse? DUI legal?

Thanks,

Karin


Asked on 6/25/10, 9:39 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

The cop had probable cause to pull you over (your admission in blowing the stop sign). He then had probable cause to ask you to perform roadsides and ask you to take a breathelyzer (your admission on the drinks). I'm guessing had you not admitted to the two beers you would have received a ticket for the stop sign infraction and had been on your way. It now sounds like you face an administrative suspension for refusing to blow and a ticket for DUI. I suggest you engage an experienced DUI lawyer to help.

Read more
Answered on 6/25/10, 1:03 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in Illinois