Associate Du Page County Judge Thomas E. Callum, 44, is typical of judges statewide in his approach to drunk driving cases.
Formerly an assistant Du Page County state`s attorney and then an attorney in private practice, Callum was appointed an associate judge 21 months ago. He now hears misdeameanor cases, including drunk driving, in his Wheaton courtroom.
In a Du Page County Bar Association poll, Callum was rated excellent by 49 percent of the lawyers who had an opinion on him and satisfactory by 49 percent, placing Callum among the 10 most highly rated of the county`s 32 judges.
In his courtroom, as in most others, most found guilty of repeated drunk driving offenses are given straight convictions; some of them get jail sentences.
First-time offenders whose cases don`t involve exceptional or aggravating circumstances are usually placed on supervision. They must complete an alcohol education program and be evaluated for possible further counseling or treatment; they will probably pay a fine; and if they violate the terms of the supervision or are arrested for drunk driving again while on supervision, the verdict can be changed to a conviction.
”In the majority of cases the defendant on supervision is going to have his license suspended for some period of time, at least three months, or six months if he refuses to take a breath test,” said Callum. ”If he`s convicted, he`s going to lose his license for a year.
”You have to remember that this is Du Page County, and there`s no public transportation out here. The only way a person can get to work is by driving. . . . If he loses his license (for a year, as a result of conviction), he could lose his job, too. Now what is that going to do to his family and to his life? Is that appropriate? Unless it`s a horrendously bad case, probably not. ”For a first time offender, if he doesn`t have a significant alcohol problem, should he lose his job and should his family suffer, especially after he`s already been suspended for some period of time? If he`s convicted, his license is revoked by the secretary of state, and then you have to ask for it back, practically on bended knee. If he`s placed on supervision, he gets fined and the remedial education and evaluation program.
”I like the Du Page County Health Department program. I like the feedback they give us. I think it`s an excellent program. I`ve heard complaints, but I usually find on questioning the program that there`s another side.”
Offenders on supervision who complete the Du Page County program sign an affidavit swearing that they have no subsequent arrests for drunk driving, that they`ve paid a fine and that they`ve completed any other requirements of supervision. The affidavit substitutes for their personal appearance in court at the end of the supervision, saving the defendant the lost time from work and also attorney`s fees.
If they`ve violated any terms of their supervision or lied on the affidavit, the court eventually finds out through routine checking procedures. Callum may then revoke the supervision and enter an ordinary conviction with all the attendant consequences.
”In general terms, a repeat offender is more likely to get jail. Even in that case, you have to consider the length of time between offenses. Did the first offense happen 15 years ago, or did it happen while the defendant was still on supervision or probation for his first DUI (driving under the influence)?”
Callum, however, considers the present drunk driving law, which took effect on Jan. 1, 1986, a vast improvement over the previous version. Some provisions of the old law didn`t necessarily encourage police to file drunk driving charges, he noted. For instance, a person under arrest could take 90 minutes to decide whether to take a breath test. Once he took the test, police had to test him again 90 minutes later. The present test is taken one time with no waiting period.
”If a policeman made a drunk driving arrest shortly before the end of his shift, he could be looking at three more hours of duty just for that one arrest,” the judge said.
