A special prosecutor dropped a driving under the influence charge against a Will County sheriff’s deputy who pleaded guilty to misdemeanor speeding.
The case against Deputy Michael Franc, 27, of Lockport, was set to go to trial Wednesday before Will County Judge Sherri Hale. Franc had been facing charges of DUI and failure to reduce speed to avoid a crash while he was off duty March 14 in Homer Glen.
No trial took place. Instead, special prosecutor Bill Elward told Hale that he dropped the DUI and failure to reduce speed charges against Franc in exchange for his guilty plea for driving more than 35 mph over the speed limit.
Franc was sentenced to six months of court supervision.
Even though Elward dropped the DUI charge, Franc is required to complete a drug and alcohol evaluation, and comply with the recommendations of that evaluation, as part of his sentence.
If Franc completes the terms of his sentence, he has the opportunity to wipe the misdemeanor offense from his record after May 7, 2025.
Franc was placed on desk duty since the case was filed, Will County Sheriff’s Office spokeswoman Kathy Hoffmeyer said.
“His internal affairs investigation has been completed,” she said. “The disciplinary decision will now go to his sergeant for implementation, which will complete the case. Deputy Franc will be returning to the patrol division in the near future.”
When asked for details about the investigation, Hoffmeyer recommended a Freedom of Information Act request.
Hale had allowed Franc to receive back his driver’s license several days after the case was filed, court records show. No hearing was held within the 30-day time limit for a statutory summary suspension of Franc’s driver’s license.
During Wednesday’s court hearing, Elward provided a factual basis for the speeding charge that made no mention of how an Illinois State Police sergeant asked Franc to submit to a field sobriety test after observing signs of alcohol consumption, according to police reports.
Franc allegedly refused to submit to testing by saying, “I don’t need to do [expletive],” according to the sergeant’s report. Franc denied consuming alcohol.
The sergeant reported that he still could smell a “very strong odor” of an alcoholic beverage in his squad vehicle after Franc had been booked and released from custody.
In support of the speeding charge, Elward told Hale that a Will County sheriff’s deputy would testify that he saw Franc’s vehicle traveling at 83 mph in a 40 mph zone and engaged in a pursuit. He said Franc’s vehicle then crashed into another vehicle.
One of Franc’s attorneys told Hale that Franc’s insurance company made full restitution to the complaining witness in the case.