Pirok Arrested for DUI, Leaving the Scene

WDWS is reporting that Champaign City Council member Ken Pirok was arrested early this morning and charged with driving under the influence and leaving the scene of an accident.

UPDATE:  Kiyoshi has PDFs of some police documents.

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oops Hope nodody was hurt

What a great day to be a local Republican!

I feel sorry for Hogue, she is a very nice person, but with her out and Bell in, and Avery shooting herself in the foot on a near daily basis, Beckett talking out of both sides of his mouth now, and Pirok gets a DUI.

Priceless!

Is his term up in '07?

"Is his term up in ”Ëœ07?"

Nope, '09.

at least he wasn't smoking...

I hope he wasn't smoking also we all know how dangerous that is.

"I drink therefore I am." - W.C. Fields

"“Is his term up in ”Ëœ07?”

Nope, ”Ëœ09. "

Then I am not sure how much this matters, at least politically. I wouldn't think he would resign over this, and is someone going to bring this up in a campaign 3 years after the fact?

What did he hit a parked car? He probably droped his lighter and was looking for it.

Not a great day when anyone has this happen. Sad. Ken's a pretty nice guy, thankfully he's not hurt or anyone else and he can learn from his mistake. Yes this will damage him in another election. He barely won the first time and I bet some of the people wanting this appointment live in his district.

But I agree, he'll not resign over this. Do a Patrick Kennedy deal and wait it out.

Even though I disagree with him politically, I've always liked Pirok. Let's give him some space to deal with the situation and not blow things out of proportion at this point. We still don't have all the facts.

is leaving the scene a felony?

It was a felony under Piland, but no where else.

As of now Pirok joins 534 other people who got a DUI so far in Champaign County in 2006. Its not exactly a rare human failing, and at least Pirok has not been a hypocrite on the issue of alcohol.

He won't resign, he will be embarassed, this will pass. The Republicans had better be prepared for the plea bargain coming soon in the JW Pirtle homicide case where he will plead to Criminal Housing Management, and the homicide charges will be dropped.

Let's keep the Pirok sin in perspective. He will be unable to comment in the future on liquor or police issues without smirks going around the room.

The worst of blogs: Assuming charges are true as soon as they're issued.

Next thing you know, y'all will give the "MSM" a run for its money in jumping the gun!

Yes, let's keep this in perspective.

Criminal Housing Management -
Class A misdemeanor, up to a year in jail and up to a $2,500 fine

DUI -
Class A misdemeanor, up to a year in jail and up to a $2,500 fine

"The Republicans had better be prepared for the plea bargain coming soon in the JW Pirtle homicide case where he will plead to Criminal Housing Management, and the homicide charges will be dropped."

Why would Republicans be embarrassed? Any plea bargain would have to be approved by the special prosecutor, who was appointed by a Democrat, Lisa Madigan.

"The worst of blogs: Assuming charges are true as soon as they're issued.

Next thing you know, y'all will give the “MSM” a run for its money in jumping the gun! "

What's untrue about this post? I've not written that Pirok is guilty, merely that he's been arrested and charged - both of which are true.

What makes you think the special prosecutor was appointed by Lisa Madigan?

Where did you get that information?

Would you cite your source, please?

Do you know what you are talking about, or are you either just assuming, or just making things up as you go along?

[...] Hat tips: WDWS and IlliniPundit [...]

YoungRighty's picture

The Judge appoints special prosecutors, right?

My question is to Gordy Hulten, asking him to justify his factual statement.

While I think we should wait and see with Ken Pirok on the charges also. A DUI is a serious charge you take everyone's life in your own hands when you drive under the influence and leaving the scene if true is dangerous under that condition.

It seems strange to hear complaints from the other side "like it's the worst of Blogs" and other comments when a few weeks ago a few of our troops in Iraq were thought to of killed some innocent people. The other side had not only found the people involved guilty but had blamed the whole U.S. military for the killings.

Mr. Hulten, I am waiting for your answer, please.

I will provide you with possible answers:

I am right, and here is why;

I assumed, and I shouldn't have;

I made it up;

This is just another example of a lib attacking me, and I won't respond;

This is just another example of a lib attacking me, and even though I am wrong, I won't admit it or apologize for it.

The special prosecutor in the Pirtle homicide case is Vujovich, the same one who got the rape conviction in the Patrick Thompson case, putting the big from on Thomposon when he went to Bob Kirchner's house to raise money for Patricia Avery's County Board race, weeks after Fabri "knew" she would drop out of the CB race, but I digress.

Vujovich works for the State's Attorney's Appellate Prosecutors office, NOT for Attorney General Lisa Madigan. The Special Prosecution Unit of the Agency consists of five experienced trial attorneys who assist in prosecuting criminal cases when requested to do so by and at the direction of the State's Attorney and solely prosecute criminal cases when duly appointed by a court having jurisdiction. The Administrator of the Unit is Charles R. Zalar, former State's Attorney of Grundy County.

The Pirok case and the Pirtle case are both Class A misdemeanors, but there is a dead body in the Pirtle case.

Sorry, should read: ..."putting the big frown on Thompson..."

Correct about Vujovich. I am sure Mr. Hulten will be grateful for you answering for him, when he wakes up from his nap.

It seems, however, that as a "leader" of this blog, Mr. Hulten has an obligation to get his facts right, or straighten out his mistakes.

Otherwise he sets an example of people being able to assume or make things up with no accountability, and no mea culpas.

If that is the standard on this blog, so be it, just so long as we all know the rules, and they apply equally to all.

I am actually more troubled by the leaving the scene charge than the DUI. This sounds like he damaged someone else's car in a parking lot and was willing to let that person suffer with their own damages rather than have a face-to-face with a cop in his condition.

Of course, he will now claim that he didn't know that he had hit the other car, but have you ever struck another object while driving in your car and not known you hit something?

Maybe he will be asked to reveal the police reports to the media when he gets them. The cops won't reveal them. Should be interesting. I wonder if there is video?

In a few weeks, when the state's attorney files the reports in the court file they will be open to the public and available to anyone who wants to see them.

Assuming of course our totally incompetent circuit clerk Linda Frank, hated by every single person in the court system from judges to prosecutors to defense lawyers to cops and clerks, puts the reports in the right file.

YoungRighty's picture

What did Gordy do wrong? He wrote that a media outlet reported that Ken Pirok was arrested for DUI and leaving the scene. There's nothing wrong with that in my eyes.

"Mr. Hulten, I am waiting for your answer, please. "

This doesn't make any sense.

anon apparently caught Gordy making a mistatement about who appoints special prosecutors. Gordy, who doesn't get paid to monitor this site 24/7 hasn't yet responded. whatever

# Gordy Hulten Says:
August 11th, 2006 at 6:46 pm

“The Republicans had better be prepared for the plea bargain coming soon in the JW Pirtle homicide case where he will plead to Criminal Housing Management, and the homicide charges will be dropped.”

Why would Republicans be embarrassed? Any plea bargain would have to be approved by the special prosecutor, who was appointed by a Democrat, Lisa Madigan.

“The worst of blogs: Assuming charges are true as soon as they're issued.

Next thing you know, y'all will give the “MSM” a run for its money in jumping the gun! ”

What's untrue about this post? I've not written that Pirok is guilty, merely that he's been arrested and charged - both of which are true.

Hulten asked, I answered.
"What makes you think the special prosecutor was appointed by Lisa Madigan?

Where did you get that information?

Would you cite your source, please?

Do you know what you are talking about, or are you either just assuming, or just making things up as you go along? "

Hulten then disappeared.

He asked. I answered. He disappeared.

All it takes is a "I assumed, sorry", or a "I made it up and I won't do it again, sorry" or something like that.

Or maybe laying off his nit-picking MSM bashing ways would help.

What goes around comes around.

"The carping and bickering of political factions in the nation's capital reminds me of two pelicans quarreling over a dead fish." - William Tecumseh Sherman

It seems like there are a whole lot of people on this blog site who are trying to talk about everything but the allegations that one of our city council people got a DUI. It will be interesting to find out what his test results showed.

The prevalence of DUIs in our community makes a strong case for the importance of neighborhood bars, places like Hubers, the Ice House, and Pia's where people can get together, have a few drinks, and then walk a few blocks home. or even better, smokey diners and coffee shops where people can get together, have a good time, and don't even have to drink.

Our bars stay open until 2 AM. Public transportation ends much earlier. It is unrealistic to think that everyone is taking taxis.

I am not in favor of drinking and driving. On the other hand, I am opposed to passing laws, like our DUI laws and soon to be implemented smoking laws, without thought to cultural continuity and the impact that the laws will have on human lives during the process of culture change.

Does our community really even have enough taxis to get everyone at the bars home at 2 AM if everyone was following the rules? It is unrealistic to think that everyone who goes out for a beer has a designated driver waiting in the wings for them.

I wouldn't think he would resign over this, and is someone going to bring this up in a campaign 3 years after the fact?

1976: Bush gets DUI
1986: Bush gives up alcohol
2000: DUI suddenly really relevant

Remember in 1994 when Champaign At-Large councilmember Mark Thorsby was forced to resign following a DUI?

YoungRighty's picture

He disappeared? Good lord, it was 9pm on a Friday night....get over yourself.

Annonymous

The tickets will be turn in to the Ciruit Clerk office. The officer usually write out a Sworn REport which tells either if he blew or
refuse. If if did do the test and did not refuse the results will be on
that report which is open to the public in that file. The judge is the
only one that could seal that file.
I am sure the tickets are true before someone would open this can
of worms.

So ironic! He passes laws (smoking ban) that others have to abide by but apparently laws that are passed that he has to abide by (no drinking and driving) can be ignored.

So much for the self-rightous and sanctimonious platitudes about protecting the public from the evils of secondhand smoke.

I always laugh when someone named "anonymous" starts slamming bloggers, but here's the answer to some of the questions posed above. Is Gordy Hulten "making this stuff up"? No, and here's where the confusion probably started:

(Look all the way near the bottom of the comments)

"The homicide charges are languishing under the special prosecutor who works for Lisa Madigan."

The comment came from "NoLisaMadiganFanHere" and I have no idea what prompted it. But Gordy didn't make it up.

If you look at the homepage of the Appellate Prosecutor's Office, you'll find this statement (relevence bolded):

On July 16, 2002, Public Act 92-0683 authorized the State's Attorneys Appellate Prosecutor to file briefs with, and argue before, the Illinois Supreme Court when requested and authorized to do so by the Attorney General. The Act also allows the Agency to assist State's Attorneys in connection with the Cannabis Control Act and the Drug Asset Forfeiture Act. It further authorizes the Agency to prosecute other cases, with the consent of the State's Attorney responsible for the case. In addition, the Office of the State's Attorneys Appellate Prosecutor is allowed to act as Special Prosecutor with the consent of the Attorney General and if appointed by a court having jurisdiction.

In fact, if you look the text added to state law in Public Act 92-0683, it further connects the special prosecutor and the AG:

To be effective, the order appointing the Office or its attorneys as Special Prosecutor must [...] (ii) state that the Special Prosecutor serves at the pleasure of the Attorney General, who may substitute himself or herself as the Special Prosecutor when, in his or her judgment, the interest of the people of the State so requires.

So, what's the definition of "hired"? I'm not sure. What I am sure, is that there's enough room in what I see to say that Gordy (and NoLisaMadiganFanHere) would be accurate in what they said to not merit the seven posts stating the otherwise above. While it appears the special prosecutor's might not directly "work" for the Attorney General, Lisa Madigan does get direct consent in their special prosecutions.

I think bloggers and even anonymous posters have duty to get the "facts" straight. Why was I the only one who wasted a half-hour of my time to look this up? Because I laugh when people criticize others anonymously and then turn out to be factually wrong.

And under these new revelations, I'm sure an "I'm sorry" will quickly be forthcoming from "Anonymous".

Just thinking. Your right we shouldn't expect people to follow the law and not drink and drive.

The acceptable Illinois Blood Alcohol level is pretty low these days at .08. Ken Pirok isn't a really large guy, and I'm willing to bet that it probably doesn't take too many drinks to impact pretty significantly on his blood alcohol levels. If you look at the handy little “calculator” on this lawyer's website, it looks like a typical Happy Hour for a lot of folks could end up in a trip to the local jail:

http://www.drunkdrivingdefense.com/illinois-dui-attorney-fagan/calculate-your-blood-alcohol.html

I'm not defending or bashing anything or anybody when I say this, but looking at that chart I will say that I have known an awful lot of folks over the years that probably could have been arrested for DUI under current Illinois standards. Somebody up thread mentioned something over 500 DUI arrests (remember””that is not convictions!) this year already in Champaign County, so it sounds like maybe there are a lot of people that have made this mistake.

It is pretty staggering to think how much misery can come into your life based on one trip to the local tap””isn't it? You can possibly end up in a world of hurt with legal fees (Chicago Bar Association estimates about $7000 in legal fees for a DUI) fines and a trip to jail (with all the fun and games that come with THAT particular environment!)

Or you could be impaired, get into an accident and maybe kill or injure somebody including you and your passengers...

Makes drinking that Bud Light on the front stoop with the neighbor a couple of door down look like a much safer option, in my opinion.

Regards,

Laura

Laura,

"I'm not defending or bashing anything or anybody..."

Maybe you're not, but it sounds an awful lot like "rationalizing," "excuse making," "lots of people do the same thing" kind of statement.

I'm sure there's times I could have been busted too, but I'm not the one out there telling other folks what a threat they are to public safety with second hand smoke. Does he really believe second hand smoke is more of a threat to the public or his taking to the road with "a load on."

When I go to a bar or restaurant where smoking is permitted I have the choice of avoiding that threat to my health and safety. Ken didn't give other people on the road that same option.

Sorry, everybody for "disappearing." I went to dinner with my wife last night, and then a show, and then golfed this morning. Somebody called me and told me I needed to check this, so here I am.

I think Anonymous Answerer has provided more information than even I had available. As to my statement that the AG appoints special prosecutors, I thought I remembered reading that somewhere, and so I googled it.

I found this (ironically, on Illinipundit):

What's happening in People v. J.W. Pirtle? Its a homicide case against a former City of Champaign Councilmember. The Attorney General's Office is the special prosecutor. Pirtle's lawyer has filed a motion to suppress recently. (What's in that motion?). Its has gone nowhere in months. Special Prosecutor Vuckovich sometimes doesn't even show up for court hearings”¦

I thought I remembered a NG story saying the AG appointed the special prosecutor, but can't find that now (the NG search function stinks.) That said, I think all the factual disputes have been ruled on by my anonymous defender.

Unless someone has something that says the AG didn't appoint the SP, then I stand by my statement. And I await your apologies. :-) (Although I probably won't be checking this very much today, either - it's way to nice out to be inside.)

I was always a big fan of the zero limit on drinking and driving. And that's as someone who always got stuck driving other people home since I can't drink for medical reasons.

It is an honest mistake. Sometimes special prosecutors do come from the ranks of the AG's office, like when a State's Attorney is being prosecuted. Here, the County has an ongoing "subscriber" relationship with the State's Attorney's Appellate Prosecutor office for handling appeals, and as a side benefit SAAP does special prosecutions.

See:
http://www.state.il.us/prosecutor/specialpros.htm

Some special prosecutors are local attorneys. Ratcliffe is currently prosecuting another local lawyer for DUI; Dedman "prosecuted" Kurt Hjort, Koester has been a special prosecutor, etc.

"Innocent until proven guilty" may be the standard we use in the courtroom but in real life we we rely on reasonable conclusions from facts we know are likely to be true.

In this case we have no reasonable doubt that WCIA and WDWS were accurate in reporting that Pirok was arrested.

And it is reasonable, based on human experience, and based on the probability shown in previous arrests, to believe that Pirok was under the influence and that he left the scene.

That's not enough for a conviction, because for that we need proof beyond a reasonable doubt, but for discussion of a politician on a blog, common sense based on life's experiences is good enough for me.

"I was always a big fan of the zero limit on drinking and driving. And that's as someone who always got stuck driving other people home since I can't drink for medical reasons."

It's always good when lawmakers pass laws based on personal beliefs, rather than more objective reasons.

I just read the report posted on Kiyoshi's site.

If that is all Pirok did, I don't fault him for leaving the scene, buy I DO fault him for being so stupid that he didn't leave a note on the car he hit. The witness(es) would have seen that he did the right thing, and probably wouldn't have called the cops. Then he could have made it home, and no DUI arrest would have happened.

But, alcohol makes one lose their judgment. And panic.

Analysis of the police accident report coupled with WCIA's television report reveals the following:

Pirok *walked* away from the scene. This isn't the action of someone who didn't know they scratched the next car.

Damage was in excess of $500 (see report).

Pirok refused the breath test, after having been warned that a test result over .08 results in an automatic suspension of 3 months and a refusal results in a suspension of 6 months.

If you look at the codes on the report template on the right hand column, you will see a box for "BAC" for "U1" That's the breath test result for Unit 1. Code "95" is a refusal. Unit 2 had a code "96", "test not given".

The 90 day suspension and the 180 day suspension are only the automatic punishments related to the breath test. A conviction for DUI results in a revocation of driving privileges.

It is an honest mistake.

Leaving the scene of an accident is not an honest mistake.

ANOTHER issue is that there, to my knowledge, is not parking on campus or in downtown Champaign that is 24-hours...where you could leave your car decided you couldn't drive home. You run the risk of getting towed or a ticket. The city shoots you in the foot for trying to make a good decision.
Ive brought this up to police officers and council members before. No one has ever taken it seriously. Maybe Pirok will now.

My earlier comment (at 11:16 a.m.) that it is "...an honest mistake..." refered to which agency provided the special prosecutor.

Walking away from a property damage accident in excess of $500 damage is probably NOT an honest mistake.

Actually....Pirok checked out the rear of the vehicle in question. He wrote down its license plate number and went back into the restaurant to find the owner. It was there that he was confronted by the police. Does that sound like walking away?

" Your right we shouldn't expect people to follow the law and not drink and drive"

Run4cvrlib, this is an interesting twist on words, but I have to say that it is probably unreasonable to expect everyone in a society to change their habits overnight or even over the course of a few years, especially when society was built around institutions that are unable or unwilling to change overnight like our laws do.

There is a difference between "expecting" a behavior and "condoning" a behavior. For instance, what should mom and pop's Rural American Tavern have done? Probably it should have closed its doors the day after the law changed. However, if mom and pop had to also earn a living and they had been doing it by running their rural tavern for twenty years, that is a hard decision to make.

But the facts are, nobody can get home from mom and pops without driving. So, how about Joe Factory Worker who has stopped there every night on the way home from work for the last twenty years. That is how he unwinds. That is where he sees his friends. What is he supposed to do? Stop unwinding after work? Isolate himself?

The point is that we pass laws without caring about the life consequences of the people whose lives they effect. No, I absolutely don't think that people should drink and drive. On the other hand, there are now a whole lot of Joe Factory Workers who have lost their jobs when they could no longer drive to work after DUIs.

I just think that we need to give more consideration to the cultural consequences of the laws that we create and how they effect real human lives. I have no solution for mom and pop or Joe Factory worker, but here in town we could have come up with some creative alternatives to keep this kind of thing from happening so frequently.

The problem with your theory, "What really happened", is that the cops on the scene charged Pirok with "Leaving the Scene", so they must have come to the conclusion that his behavior in that regard was not so innocent.

If your version of the facts is correct, then why would they charge him with violating the statute set forth below?:

(625 ILCS 5/11”‘404) (from Ch. 95 1/2, par. 11”‘404)
Sec. 11”‘404. Duty upon damaging unattended vehicle or other property. The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such accident when and as required in Section 11”‘406. Every such stop shall be made without obstructing traffic more than is necessary.
Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 83”‘831.)

Just thinking-I know how to drink and people have been drinking for years (and know its illegal) and they don't need any reasons to drink and drive. You can drink 1 maybe 2 drinks and hour and probably be fine if you want to unwind. I am not here to tell you what to do but when your not careful and unwind to much you put yourself and others at risk. You can blame others and the city for putting you in that situation. You will be the one at fault and have to deal with the consequences like having to find a way to get to work.

a few points. Cops routinely overcharge. helps prosecutors negotiate pleas. I could very easily see the "leaving" charge tacked on even if it won't hold up under scrutiny.

anyone who is trying to make excuses for this by bringing up a lack of overnight parking, bus service, blah blah blah, is being ridiculous. We all know what the law is. you stay within the law. does this mean that poor people are going to have a tougher time getting home from bars? i suppose. move closer to a bar, or leave earlier, etc. you live according to the laws and your own circumstances in life. smaller people probably need to drink less. people with cars need to drink less. people who rely on mtd need to leave earlier. if you've got a wife and three kids at home you probably shouldn't be at the bar. Ken knew the rules, he knew his circumstances. He didn't take a breathalyzer (i'm assuming from the comments here) so he knew those consequences.

I'm sorry for all the people inconvenienced by tougher DUI laws. Collectively, their misery is about one tenth of one percent of the misery suffered by any family who lost a loved one to a drunk driver.

You guys are right. There is no excuse for drinking and driving. It is just that people have been doing it since they made the first automobile. That doesn't make it right.

However, if our lawmakers really cared about people or the well-being of all, laws would be enacted in such a way as to minimize the disruption and negative consequences to people's lives.

For instance, we could coordinate the bar closings with the availability of public transportation, we could alter our zoning to create more neighborhood bars and restaurants that people could actually walk to, we could provide free or low cost shuttle service within the community around bar closing times, and we could allow overnight parking so people could get home responsibly. Those are just a few ideas.

To be honest, I don't even care. Drinking is not my issue.

It seems too many people at this blog watch too much TV. You're assuming worst case senarios and it's getting very tired.

A) Drinking and driving is a serious offense and a stupid thing to do but none of you have any clue as to if Ken was actually drunk. Being charged is not the same as being proven. He refused the test. I would have too if a cop followed me into a bar and accused me of leaving the scene while I was in fact looking for the owner of the vehicle I had just accidentally hit. When Ken gets his day in court I have no doubt what so ever that the DUI charge will fail.

B) Leaving the scene also sounds extremely damning and yet is also easily overblown. Ken walked back inside in an attempt to find the owner of the vehicle. Is that not exactly what any resonable citizen with any sense of integrity would do? He was parked in a place where, at that given time of day, there was but one open establishment within reasonable walking distance making it a very logical place to look for the owner. Not only that but it is also the nearest place to find a PHONE with which to call the police!
There is no doubt in my mind that this charge will also fail miserably when Ken gets his day in court.

I'm not sure why the police officer made these ridiculous charges. Maybe he was having a bad night. Hell, maybe he is a smoker! But know this, these charges are pure B.S. and I have every confidence that they will eventually fail.
Why do I know this? Because, despite our political differences, I know Ken to be an honest man with integrity. I also happen to have been among the half dozen people who were with Ken while he was supposedly getting drunk.

Yes, it is true that Ken was arrested and charged with DUI and Leaving the scene. But that is ALL any of you really know. Shame on those of you who are contributing to this unfortunate accident but blowing it out of proportion.

"Drinking and driving is a serious offense and a stupid thing to do but none of you have any clue as to if Ken was actually drunk. Being charged is not the same as being proven. He refused the test. I would have too if a cop followed me into a bar and accused me of leaving the scene while I was in fact looking for the owner of the vehicle I had just accidentally hit. When Ken gets his day in court I have no doubt what so ever that the DUI charge will fail."

If he hadn't been drinking, why refuse the test? Why not take the test and blow zeros?

"Not only that but it is also the nearest place to find a PHONE with which to call the police!"

Does Ken Pirok not own a cell phone?

I have no knowledge of the incident, and you do. But those are questions I would have based on the defense of Ken you've laid out here.

Okay, if Pirok was not drunk, then this has got to be one of the dumbest damn things ever done by a politician. You blow, you register a legal limit, and nothing becomes of it. Instead, he damages his reputation forever.

Ken does have a cell phone. He didnt go inside to find a phone. He went inside to find the owner. But the officer doesnt know that Ken has a cell phone thus it is perfectly reasonable to allow for the fact that a person walkes away from an accident in order to contact the police.
Given this reasonable assumption it is also reasonable to assume that Ken would have been immediatly on his gaurd when a cop follows him into the bar in order to arrest him for leaving the scene. This blog alone shows that Ken has been taking a lot of heat for the whole smoking ban fiasco. In his position, he doesnt know if this officer has an agenda.
Also, this just accured to me. The cop reports that he saw, or at least heard the accident. Why didnt he immediatly aproach Ken to offer assistance? No, he waited, no doubt watching for at least enough time for Ken to have gotten out of his own car, asses the damage, write down the license numner and then proceed inside. Why??

Anyway, I cant get inside Kens head and know why, in the heat of the moment, he ultimately refused the test. What I do know is that not all of the facts are clear and that it is not good run wild with assumptions.

He's going to have his day in court. My only speculation is that his actions after the accident (in particular, refusing the breathalyzer) are going to make it more difficult for him to beat a DUI charge, rather than less difficult.

Oops for got to Nonlawyer..........

It would seem that the best course of action would to "blow zeros". That was my own immediate reaction. However, perhaps Ken calculated that (rightly or wrong) that court would evetually be his salvation.

Once again. We just dont know yet. Not even I who was with him just prior to the event. That is my only point.

That's great; Annoyed wants to blame the cops. He was with Ken and he KNOWS Ken was not drunk. Great, maybe he was and maybe he wasn't. But the State of Illinois has a great way of proving that, the mandatory breath test. Yes, mandatory unless you want your license suspended. You see, driving is a privilege not a right and part of that privilege is to agree that upon request of a police officer to partake in a breath test, you agree to take that test. Ken refused, after the warning to motorist, because he was probably NOT drunk. Makes a lot of sense to me. Sober motorist take the test and pass. Remember it is not illegal to drink and drive in Illinois, but it is illegal to be UNDER THE INFLUENCE. You figure out why you should not take the test. That being said, I like Ken. He made the same mistake that hundreds of people make everyday and like reality, there are consequences to those mistakes. The only reason he is getting this much attention is the fact that he is a public official. Let him deal with it, stop putting the blame on others for his mistake, stop blaming the parking, our society and the cops. Everyone knows the rules and everyone makes the decision to break them once in awhile. Take responsibility for the consequences when you do.

Gee Annoyed, in your travels with Ken did he mentioned that the cops were upset over the smoking issue? The cops I have talked with could care less, in fact, most are non smokers. Should the sound of an accident and the fact that Ken moved his car to another location and walked away into a bar peak the interest of a cop driving by to investigate or should we have our cops ASSUME that the person was merely attempting to contact the owner and drive on. Gee, all the damage I have received on my car from people hitting it and leaving certainly drives up my insurance. I would have loved for a cop to have heard something and inquired when I was hit. Maybe you don't know the whole story either.

Anonymous,
Ken hasnt said a single, solitary word to me or anyone that I know concerning the officer's intent. Nor was I blaming the cops. In fact, every single point I made was based on information that could be deduced from the police report. I was simply trying to express, in a simplified manner, with the information that anyone could infer from public knowledge, that not everything is as it seems.
You can sit back and claim that I am blaming the cop but the points I made are far from a stretch. Any reasonable person can see that.

Second, if you are going to make an argument against me dont start making up information to support your position. That is intellectually dishonest. You dont know, as you stated, that Ken moved his car to another location. Point of fact, he did not move his car to another location. But to even suggest such a thing is silly. Are we to believe that Ken was LEAVING a bar but since he hit someone elses car during this act of LEAVING that he suddenly decides to go back inside for more only this time he is going to park somewhere else so that no one knows he hit the car? Give me a break.
So your point that moving his car and walking off would justify the officer's assumption that he was leaving the scene with the intent of running from responsibility is vacuous.
My point that it is more accurate to assume Ken is going inside to either call the police himself and/or find the owner rather than intentionally running from responsibility is far more palatable.

I would go on but it is clear that this is a case where it is pointless to argue. Anonymous is making up information to make his case. This is to me a clear indication that he/she is going to believe what he/she wants regardless of the facts. This type of argument just simply bores me.

Again, just to drive the point home, my only argument from the very start was that we shouldnt be jumping to conclusions without having all the information. I am confident that every reasonable peron reading this blog understands that.

Are you Ken if so tell us what happened? Why didnt you blow? Were you drunk? Did you hit a parked car? Were you in the bar looking for the owner or passing time to sober up? Did you try and use you were concilman Pirok to get off easy or not? Did you call the police? Just some questions that would clear this whole thing up. Just lets all thank God nobody got hurt.

I am not Ken but I am his friend. I hesitate to reveal who I truly am because, quite frankly, I dont want to be bothered with this matter outside of this blog. (something that could easily take place since the only way to prove I am not Ken would be to reveal enough contact information to make my personal life a nuisance.)

NOTE:
I just reread my own post and it does sound a little aggresive towards Annonymous. Since I cant go back and edit it let me offer a quick apology here before we sink into senseless debate.
I stand by my assertion that he/she was making an argument based on false information. But I didnt need to be so aggresive in my response.

My apologies.

Sometimes you aren't offered a breathalyzer, but rather are asked to submit blood for testing. Blood will reveal other drugs you may have ingested---cocaine will show up for 3 days, marijuana for 30, etc. If you think your blood will test positive for another drug, you might refuse to take a test. If you smoked a joint at your college buddy's bachelor party 3 weeks ago, you might not want to submit blood for analysis.

I'm not saying this applies to Pirok, I'm just saying there are lots of things that come into play when deciding whether or not to submit to testing. You might not be drunk, but you can't pass the blood test, so....

Here's my problem with Annoyed's theory. Giving a DUI to a sitting city council member was probably this cop's worst nightmare, rather than something he wanted to do because he had an "agenda". Note that the police report mentions Sgt Ketcham, so you can infer that the first cop on the scene called for a supervisor when he realized who he was dealing with.

No cop wants to charge a city council member with a crime that won't hold up in court. Ken will probably plead guilty to get Courrt Supervision, and they will drop the 11-404 charge in exchange for his plea. But State's Attorney's policy prohibits a plea offer for Ct Sup, so if Ken wants it he will have to plead guilty and have an open sentencing hearing, and there will be media there, so it won't be fun.

As I said before, this entire blog site is based on rumors and lies. And as someone else added. . . .opinions based on rumors and lies.
I thought perhaps reading this site would give me some insight into issues. It only takes about two days worth of reading to figure out that this is nothing more than a place for people to annonymously attack other people or the other party. I see the same kind of thing happening when my kids talk on IM with their friends. It's very immature.
I would suggest everyone find a more productive way to spend their time instead of reading or posting on this blog. I for one will not return. Get a life. Make a POSITIVE difference in the world!!

Must be from another country.

"As I said before, this entire blog site is based on rumors and lies. And as someone else added. . . .opinions based on rumors and lies.
I thought perhaps reading this site would give me some insight into issues. It only takes about two days worth of reading to figure out that this is nothing more than a place for people to annonymously attack other people or the other party. I see the same kind of thing happening when my kids talk on IM with their friends. It's very immature.
I would suggest everyone find a more productive way to spend their time instead of reading or posting on this blog. I for one will not return. Get a life. Make a POSITIVE difference in the world!!"

Thanks for the kind words.

It is just a bunch of people who base their opinions on a lack of knowledge about the subject matter at hand.

Who here is a cop, a lawyer, a Judge, someone who knows what they are talikng about concerning DUI law?

None of you, just opinionated people, who don't let facts get in the way.
Feh.

"It is just a bunch of people who base their opinions on a lack of knowledge about the subject matter at hand.

Who here is a cop, a lawyer, a Judge, someone who knows what they are talikng about concerning DUI law?

None of you, just opinionated people, who don't let facts get in the way.
Feh. "

Thanks for you kind words also.

The sum of my opinions on this topic is that it probably was unwise of Mr. Pirok to refuse the breathalyzer, if, as his anonymous defender suggests, he wasn't legally drunk. Other than that, the courts can sort it out.

you are entitled to your opnion, even if it is based on a complete lack of facts, a lack of education concerning the law, and rumor, innuendo, and reliance on blogs and the MSM.

Otherwise, your opinion of whether or not any person should submit to breath or blood testing in any particular situation is worth... nothing, of course.

"Otherwise, your opinion of whether or not any person should submit to breath or blood testing in any particular situation is worth”¦ nothing, of course."

Other than the fact Illinois requires the submission or risk the suspension of your license. The conviction of a DUI has no bearing on the summary suspension for a refusal. The challenge to the summary suspension is an administrative process through the office of the Secretary of State. The manner of testing is up to the arresting officer unless the officer gives the arrestee the choice. Typically in Illinois the breath test is offered unless medical treatment is also required, or the officer suspects other intoxicating compounds other than alcohol.
Don't assume that Judges, lawyers, cops or other educated people are not present on this blog.

"Otherwise, your opinion of whether or not any person should submit to breath or blood testing in any particular situation is worth”¦ nothing, of course."

And your opinion of the value of my opinion is worth...?

The challenge to the summary suspension is an administrative process through the office of the Secretary of State

Not true.

My opinion of your opinion? Same. Worthless. They're all worthless. Just some o fus recognize this, and some do not.

"facts" is right:
Of course, Mr. Jesse White might not agree with you, but don't let the facts get in the way of your agenda. The one thing that we both agree on, I hope, is that people make mistakes and Ken deserves the benefit of doubt until proven otherwise.

"A Statutory Summary Suspension is an administrative procedure providing for the automatic driver's license suspension of a driver arrested for DUI who fails chemical testing (a test showing a BAC of .08 percent or more or any amount of cannabis, controlled substance or intoxicating com pound) or who refuses to submit to or fails to complete testing.http://www.cyberdriveillinois.com/publications/dui/section4.html"

the challenge to a refusal or failure suspension is not through the SOS, it is through the court.

For someone who just got a DUI, Pirok certainly has a lot of people supporting him here on this blog site. As far as I am concerned, unless Pirok intends to challenge the constitutionality of the drug testing laws, a refusal to test is as good as an admission of guilt.

I personally don't like him because of the about face that he did on the smoking ban issue and also the flip responses that he sent to some emails that I sent to the city council members addressing some issues I consider important.

I hate to see anybody get caught up in situations that make their life difficult. On the other hand, I used to spend 1/2 my of lunch break excercising, the other half sitting in a restaurant relaxing, smoking, eating, and reading. Now thanks to Ken and his cohorts, I get to spend half my lunch break driving accross town and the other half sitting in my kitchen trying to relax, smoke, and eat in the little bit of time I have left.

So, if Ken's recent involvement with the legal system inconveniences him, well.....it's not entirely a bad thing to see karmic justice in operation even if on a very small scale...or as they say, "What goes around, comes around..."

Since I believe that to be true, I will wish in well in spite of it all....

facts 7:33: I just love it when someone on IP says "get a life" and yet reads and posts.

And by the way, a city council member getting arrested for DUI *is* a community issue. I have appreciated the views here, including the friend of Pirok who provided another perpective.

I'm still waiting for my apology from the person who accused me of both lying and disappearing. They seem to have, uh, disappeared.

;-)

Friends of Peace and Justice,
Since a reference was made to Patrick Thompson earlier in this thread......

As we know, Mr. Patrick Thompson, co-founder of V.E.Y.A. and documentarian of Citizens Watch, the video documentary about police stops; has been convicted of a crime he absolutely did not do.

How those charges were brought against him, why those charges were relentlessly pursued, and how this criminal justice system arrived at a guilty verdict is going to be our collective responsibility to understand. The Retribution Case against Patrick Thompson has exposed a police department neglecting to perform their duty, and a lawyer orchestrating a "puppet show" performed before an ignorant jury to send an innocent person to prison.

If Patrick Thompson can be found guilty for something he didn't do, then so can we.
As activists, as organizers, as representatives for the silent and suffering, as people who stand against systems of oppression, we too, could one day become targets for the kind of retaliation we have seen in the Retribution Case. The question before us is, are we going to continue to sit back and watch a fellow activist get sent away right before our eyes for something he did not do? Allowing this to happen, allows the threat against all of us to become greater.

If professional police officers and professional lawyers are unable or unwilling to discover the most available truth regarding a specific claim, to the best of their ability, then our courts will always be vulnerable to the conviction of innocent people. All of us could potentially one day be handcuffed and hauled to jail in a squad car, with little our families can do, were this Retribution Case to go unopposed.

There is an extraordinary opportunity the Retribution Case actually provides. The system has been exposed, and we are learning everyday the process by which the innocent are "marketed" to juries as "guilty" and the general public is sold a tax bill of prison time in tomorrow's newspaper. Like selling a war in Iraq, the criminal justice system allows The Truth to be disregarded and replaced by a competitive game of who has the best presentation.
We must hold this system to account and demand honest investigations to arrive at truthful verdicts with fair punishments. And certainly, if somebody didn't do something, our 27 million dollar courthouse should be able to detect that.

What do we want? Justice. When do we want it? Now. We want crime to stop. We want victims of violent crime to be protected from their predators. We want predators, if the real predator is apprehended, to be sent to a place where they can be re-educated and re-focused toward better ways of living. That won't happen if police don't investigate reports of crime. That won't happen if lawyers manipulate information or hide information to only better a sales pitch, truthful or not. That won't happen if poor people are used and coerced to give false testimony. Convicting the wrong person does nothing to advance justice. We must have truthful verdicts in our courtrooms.

Toward that end, we must not give up the precious time and resources (a new, capable attorney filing a post trial motion on Patrick's behalf) we have left to prevent this trajedy of injustice.

Those of us who have been honored to work with Mr. Thompson, know that his personal legal burden has been shouldered by he and his family most of the way. He and co-documentarian, Martel Miller, have filed a pro se federal lawsuit against 12 government officials for violating their civil and constitutional rights. This lawsuit is legitimate and Federal Judge Harold Baker has refused the defendants' claim for dismissal. Should that case prevail, it could, forevermore, protect our right to videotape and audio record police behavior.

We all understood it was not a crime, punishable by a sentence to the penetentiary, to monitor government activity; and law enforcement publically admitted it used a vague criminal charge as "leverage" to stop a citizen from excercising an entitled right to film the government. We also understood law enforcement is not allowed to hinder our right to broadcast our films on our public access television stations. We understood further that police officers are not allowed to take our property without a just cause subsequent to arrest. Thompson and Miller are fighting four law firms in this landmark case, and it is not easy- especially when Thompson has been fighting off the criminal charges at the same time.

While Patrick Thompson has demonstrated a tremendous gift for legal matters, and there have been times when the attorneys representing Patrick, as we saw at the re-trial this past July, were a hindrance to the effective administration of justice; there is a point when a citizen does not have the legal powers and capabilities a professional attorney has to investigate a case properly and do the necessary case research to argue a case effectively in court. In short, the Thompsons need legal representation.

Champaign-Urbana Citizens for Peace and Justice, members of Community Courtwatch, members of V.E.Y.A. and other concerned citizens are raising the funds necessary to pay for a quality investigation, and an honest presentation of the truth in court. We have raised about $700.00 toward the estimated $5000 that is going to be needed to begin the necessary legal work. In attorney Bob Kirchner, we believe we have found a counselor more than capable to fight a good fight.

We also know, Mr. Patrick Thompson is not the only one who has suffered from dishonesty and deceit within the judicial process. There may be hundreds and hundreds from our county alone that have suffered the torture of being innocent and still "found guilty" by a system that can easily be fooled by a few dishonest people.

Mr. Thompson wishes he were not the focus. His video documentary was only meant to create a community-wide dialogue about the future of policing in minority and low-income neighborhoods. The main goal has been to advocate for youth having better futures and avoid the wastefulness that has become the incarceration business. This entire ordeal has been an unnecessary distraction from far more important matters: serving at-risk youth.

Nevertheless, we know winning these cases: The Retribution Case against Patrick Thompson and The Videotaping Case will expose major problems within the Champaign County criminal justice system and offer us a chance to finally reform the system for the good of us all.

In the coming weeks, there will be events planned to raise awareness and yes, funds, to continue this long, but worthwhile struggle. Please consider getting involved and participating in this growing movement toward criminal justice reform. Join CUCPJ every Saturday, at the IMC at 4:00p.m. to learn how you can help.

Chris,
You may want to consider that Thompson did not take the stand in his defense because it would expose his guilt. It has been shown that guilty clients are not encouraged to take the stand in their defense because the State gets to ask questions that would undermine a defendants case and expose that guilt. W/o Thompson's testimony, the jury decided correctly. If I were facing years in prison cooling my heels you better damn well know that I'm getting up their and tell my side of the story so a jury has something else to consider. Plain and simple, he was guilty.

It is so easy for people to make comments on what they would have did and would not have did, but you have no idea of what you are talking about, because you have not walked in those shoes to know. I challenge you to sit for at least 15 minutes and try to put yourself in his shoes, using the knowlege you have with regards to this case and see if you still feel that way.

What arrogance. Gee, I don't know. Hmmmmm. Take the stand and tell the jury what I know......or......spend 5-20 years in the pokey? So tough.......... Hmmmmm.......... Ok, I'll take the years away from my family and friends and hope I come off looking like a martyr.

I don't need to spend 5 seconds in his shoes to know that I'm going to do and say everything in my power to stay out of prison and stay with those I love. Get a grip and stop looking for that man on the grassy knoll. By the way, you assume too much.

YoungRighty's picture

Uh...fellas...this thread is about Ken Pirok. Not Patrick Thompson. So Chris, if you would like a forum to vent about Thompson or your unadulaterated hatred for Tod Sattherwaite...take it somewhere else.

Right on!!!

I only posted Thompson's story because others on this thread were making reference to the case. You may return to your usual guffawing at Mr. Pirok's drinking on a school night. As for not taking the stand, Anonymous, you wouldn't take the stand if your lawyer was not prepared. Taking the stand is not so simple as stepping up and getting to talk as long as you want. You take the stand to answer questions from lawyers. If your lawyer doesn't know what to ask you, because he's not been researching the case prior to trial, you risk "looking" more guilty than if you had never taken the stand in the first place. If your lawyer isn't ready to re-direct after anticipating what the opponent is likely going to do, you risk doing more damage than good. Mr. Thompson has criminal convictions in his past, for which he paid the full price of those that sell drugs to willing customers. He repented, came out of a long prison sentence a better man, and tried to do what's right for teenagers who would make similar mistakes. Vujovich is a snake. He's a liar and a cheater and if you're not ready, he can make things "look" worse. With Welch completely unprepared for this kind of battle, Thompson did not want to risk the jury dwelling on everything he said being twisted under the guise of "Remember, he has a criminal conviction." . As for YoungRighty's quip about Tod, I have no ill-will toward Mr. Sattherwaite, and in fact, gave him every chance to quit lying into my microphone during our interviews and tell it straight from his side of the story. It is unheard of for a reporter to give a second chance to a subject after the subject already agreed to the interview, already allowed himself to be recorded, and then gave me permission to publish. Tod will tell you, or he should, he lied like a dog during our interview, and wanted a second chance to record a new interview. My colleagues in journalism said it was foolish to be so kind to Tod and give him that second chance. I even let him in on what the story was (his temper) when I didn't even have to do that. Well, the voters decided his fate- but personally, I, like everybody else in town, just thought of him as the nice, Dufus BoyMayor he appeared to be. Tsk, tsk, you people traffic in rumor, half truths and innuendo. Now back to your regularly scheduled PirokBashing......don't you think the bar owner ought to be held criminally liable for selling Pirok the soda pops in the first place? The bartender knew Pirok didn't live nearby, and had to have known they were serving alcohol to a motorist. The bartender knew how likely it was for Pirok to leave that bar at 12:30a.m., and be driving while drunk. Can't we convict the drug seller too? There,....waste your time with that one,...

Mr. Evans,

Thompson got what he deserved after ditching 2 of the best trial lawyers around, both who genuinely care for defendants, and going alone, then hiring a lawyer at the last minute to clean up his mess. Then he pays a ton of money for Bob Kirchner to try and undo what has been done. Good luck with that.

Chris,

If you're not prepared then you ask for a continuence. That's something a self declared journalist should know. Thompson could have insisted on them. Again, if I were looking at a lengthy prison stay I would be asking for a number of continuences until I and my lawyer are prepared. To imply a skilled lawyer like Harvey was negligent in defending his client is an insult to Harvey and makes Thompson look foolish. Your attacks on Vujovich are gems. Call him every name in the book because he does his job well. Classic.

"Tsk, tsk, you people traffic in rumor, half truths and innuendo." And you don't. Reread your own post. Heh.

By the way, I like your excuse for Thompson's drug conviction selling them to "willing customers" as though we have a problem with unwilling customers buying drugs. Priceless.

Chris--don't you think Pirok has any personal responsibility? Why blame the bar or the bartender? If they didn't know that he was going to get in the car and drive, he certainly knew it. Mr. Pirok made some bad decisions--he should now step, up to the plate, accept personal responsbility and deal with them.

As for Mr. Thompson, he has been judged guilty by a jury. He had the right to choose to testify or not. He exercised his consitutional right not to testify. Why try to blame all of this on his attorneys who are known to be skilled and competent? And can you not, for a second, consider that perhaps he was guilty of what he was charged with and what he was convicted of?

Not much more to add here, but Ken will be hurt if his blog entry doesn't hit the 100 comment mark, so here is the 100th comment.

Here is an idea: If you have more than one drink, ride the bus!

I'm not one who will automatically condemn every person who gets arrested for DUI since many people can drive at .08 better than they can drive while talking on a cell phone, which is legal. The .08 standard is a tool of the prohibitionists.

That said, Pirok got into an accident, which suggests that he was not in a state to drive.

If you've had a bit to drink, you should really never accept a breathalyzer test since all it will do is provide evidence that incriminates yourself, especially since breathalyzers tend to be inaccurate. But let's face it -- if you're in a situation where you just hit a car and now you're refusing a breathalyzer, you screwed up big time. That standard doesn't hold in court, but we all know that Pirok was driving drunk.

We'll have to see what comes out of the leaving the scene of an accident. If he really did, that's even worse than the DUI, but from the comments in this blog it seems like it might just be a misunderstanding.

One more thing: Why has this story been covered up in the media? Unless I missed it, nothing appeared in the News-Gazette. There are many people and politicians who have had their careers ruined by DUI arrests -- some quite unfairly -- yet this doesn't even get a mention?

N-G, Saturday, page 2, right column, about 4 or 5 column inches

I MUST be bored to be throwing myself back into this.................BUT...............

"That said, Pirok got into an accident, which suggests that he was not in a state to drive."--- Ammonium

Am I to understand that anytime a fender bender takes place the driver was too drunk to drive?

Thats amazing! It couldnt be a lack of lighting or blind spots or just plain ole bad luck???
Sure am glad there wasnt a cop around when I hit that dude's bumper. Though I hadnt had a drink in at least 5 days, it must have still been with me.