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Dominick, Local State Officials Push for Law to Make Breathalyzer Tests Mandatory for All Drivers Involved in Accidents Resulting in Fatalities 5/11/2010 3:00:00 PM Town President Larry Dominick Tuesday said that Illinois needs a new law to remove the suspicion of an "insider fix" when it comes to requiring breathalyzer tests for individuals of authority involved in traffic accidents that result in fatalities.
Dominick, joined by State Senator Martin Sandoval and State Rep. Lisa Hernandez, said that Illinois should make a breathalyzer test "mandatory" for any driver in any accident that involves a fatality.
The Town of Cicero board of trustees approved a resolution denouncing a ruling by Judge Thomas Gainer which threw out critical evidence - a video tape and the testimony of a police witness - that showed Ardelean consuming alcohol just prior to driving away on Thanksgiving morning in 2007 and striking a vehicle driven by Erick Lagunas, 21, and Miguel Flores, 22. Flores was a lifelong resident of the Town of Cicero. Both were killed.
"As a former police officer, I know how important it is that police and police departments bring in outside police agencies when officers are involved in such serious situations as was Officer Ardelean," Dominick said after the resolution was read at Tuesday's Town of Cicero Board meeting.
"In instances like that, we call in the state police to investigate and that should have been what was done in this instance. But I think we need to go further and ask the Illinois Legislature to approve a law that makes it compulsory for any driver involved in a traffic accident in which there is a fatality to take an immediate breathalyzer test. We do not want to have a circumstance of public doubt regarding the professionalism of police who are involved or the hint of favoritism. That is clearly what appears to have happened in this case."
Dominick and the Town Board denounced Judge Gainer's ruling to dismiss video evidence showing Ardelean consuming drinks at the Martini Ranch Bar before getting in to his vehicle and then striking the car drive by the victims.
"His decision is outrageous and a slap in the face of justice. It reinforces every negative stereotype that the public has about police and people in positions of authority. The judge should have erred on the side of defending the public's rights in this case and he failed us," Dominick said.
"We need to remove the public's suspicion of impropriety and the suspicion many believe that people in authority are given a break," said Sandoval who said it was outrageous that the breathalyzer test was not administered at the scene for Ardelean but was instead administered seven hours later.
"This is a tragedy not only for the people of Cicero, where the victims are from, but for the people of Illinois. This situation can be avoided if breathalyzer tests are administered immediately to determine the blood alcohol levels whether or not drivers involved in accidents resulting in fatalities." Hernandez said.
"When the legislature reconvenes later this month, Senator Sandoval and I will seek to introduce legislation that would make a breathalyzer test compulsory for any driver involved in an accident that also involves a fatality." Hernandez said. The resolution was approved unanimously.

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