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Articles Posted in DUI

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Minnesota Supreme Court Holds Warrantless Urine Tests Are Unconstitutional

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.…

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Federal Government Forces Tennessee To Amend DUI Statute

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…

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Illinois Supreme Court Considering Whether Defendant Can Rebut Presumption of Impairment in “Drug Driving” Case

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…

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Illinois Governor Signs Marijuana Decriminalization Bill

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…

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Illinois Appeals Court Upholds Defendant’s Aggravated DUI But Vacates Public Defender Fee

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…

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Illinois Appeals Court Rejects DUI Defendant’s Claims of Ineffective Assistance as Matters of Trial Strategy

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…

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Washington Supreme Court Holds Refusal of Field Sobriety Tests Can Be Introduced as Evidence of Defendant’s Guilt

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…

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Supreme Court Holds Fourth Amendment Permits Warrantless Breath Tests, But Not Warrantless Blood Tests

The United States Supreme Court recently held in three consolidated appeals that the Fourth Amendment permits warrantless breath tests incident to arrest for drunk driving, but not warrantless blood tests. To combat drunk driving, all states prohibit individuals from driving with a blood alcohol concentration (BAC) over a prescribed level.…

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Illinois Appeals Court Upholds DUI Defendant’s Summary Suspension Despite Hearing Delay

The Illinois Court of Appeals for the Second District recently held that a delay in a hearing regarding the summary suspension of a defendant’s driving privileges attributable to a continuance did not entitle him to rescission of the suspension on the ground that he was not afforded a hearing within…

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