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Article updated: 1/30/2012 4:38 PM

Judge’s DUI/resisting arrest trial set for May

Judge David Hall’s trial on DUI and resisting arrest charges is scheduled for May 7.

Judge David Hall’s trial on DUI and resisting arrest charges is scheduled for May 7.

 
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Lake County Circuit Judge David Hall’s trial on DUI and resisting arrest charges is scheduled to begin May 7, more than four years after his arrest by Vernon Hills police.

One of Hall’s attorney’s Douglas Zeit of Waukegan, said Kane County Judge F. Keith Brown set the trial date Monday after a hearing in Lake County Circuit Court.

Hall was arrested April 26, 2008, after Vernon Hills police said Hall’s car was driven into the wrong lane after making a right turn at routes 21 and 60.

The arresting officer, Jesse Goldsmith, reported that after detecting the odor of alcohol on Hall, he ordered Hall to get out of the car and that Hall refused.

After a second officer arrived, Hall was pepper sprayed and was taken to Advocate Condell Medical Center in Libertyville where his blood was drawn as part of a physical examination, according to authorities.

A blood test later revealed Hall’s blood alcohol level was 0.107, above the legal definition of intoxication of 0.08 percent, but the appellate court banned prosecutors from using the blood evidence against Hall in December because of concerns over how the blood was handled, authorities said.

Brown was appointed to hear the case to avoid a conflict of interest with Lake County judges, and the state attorney general’s office is prosecuting the case to avoid a similar conflict with local prosecutors.

Assistant Attorney General Daniel Nikolic said Monday he intends to proceed with the DUI case against Hall despite the blood evidence being barred.

Further complicating the prosecution’s case is the fact Goldsmith died a few months after the arrest, but Nikolic said other officers can testify to the circumstances of the arrest.

Hall has remained on the bench throughout the case, and is hearing cases in the civil law division.

If convicted of either offense, Hall could get up to one year in jail but a sentence of court supervision is a much more likely outcome.

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