In West Virginia, people often drive their ATVs on their own property after drinking a few beers. The West Virginia Supreme Court, however, struck down this common cultural practice in a decision last month. In a 4-1 opinion, the state high court ruled that the DMV can lawfully revoke driving…
A recent study suggests that blood tests are not an accurate method to measure whether an individual is driving while impaired by cannabis. The current legal blood levels can lead to impaired drivers going without punishment, while others are wrongfully convicted. The study was released last month by the AAA…
The Minnesota Supreme Court recently held the Fourth Amendment requires law enforcement to secure a warrant before requiring its citizens to submit to a blood or urine test, meaning Minnesotans can now lawfully refuse such a search when law enforcement doesn’t have a warrant. The Minnesota ACLU heralded the decision.…
At the close of Tennessee’s 59th special legislative session last month, the state legislature approved changes to a DUI law that did not comply with federal law. The federal government said the statute, unaltered, could cost Tennessee $60 million in federal funding. The Tennessee law was out of compliance with…
Illinois law is clear that the state need not prove impairment to convict a driver under the influence of drugs of aggravated DUI . The area of disagreement is whether the driver can offer evidence to counter the presumption of impairment. Last month, the issue was argued before the Illinois…
On July 29, Illinois Governor Bruce Rauner signed Senate Bill 2228, which decriminalizes minor marijuana possession. The new law–filed by Senator Heather Steans and sponsored by Representative Kelly Cassidy–renders possessing up to 10 grams of marijuana a civil, rather than criminal, offense. The civil citation is punishable by a fine…
The Illinois Court of Appeals recently affirmed a defendant’s conviction for aggravated DUI despite his argument that the trial court erroneously allowed the officer to testify as to the admonitions given before he refused a chemical test. However, the appeals court vacated the lower court’s order requiring the defendant to pay…
The Illinois Appeals Court for the Fourth District recently upheld a defendant’s DUI conviction, reasoning that the trial court did not err by refusing to appoint new counsel following her claims of ineffective assistance. In May 2012, Thelma G. Lawson was charged with two counts of DUI. At trial, officer Sean…
Based on a new guidance released by the U.S. State Department (State Dept.), people who have nonimmigrant visas in the U.S. may face grave results if they are arrested for DUI or a DUI-related offense. In March of this year, the State Dept. publicized all material that is not classified…
The Washington Supreme Court recently held in Washington v. Mecham that the Fourth Amendment does not authorize a defendant to refuse a roadside sobriety test. In a divided opinion, the state high court held that a police officer may stop any motorist he believes to be inebriated and ask him…