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.…
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…
The Arizona Supreme Court held last month that a trial court should examine the totality of the circumstances to decide whether consent to a search was voluntary, even when it was given after a law enforcement officer’s assertion of his lawful authority to search. Put differently, an officer’s assertion of his…
Last month, New Mexico Governor Susana Martinez announced an initiative that will put volunteer monitors in courtrooms to police DUIs and report findings on social media to indicate whether these monitors, with no or minimal legal training, believe, in their lay opinion, that offenders were let off too easily. Governor Martinez…
Florida Circuit Judge Charles Burton recently upheld North Lauderdale defendant Kenneth Jenkins’ 33-year sentence for DUI manslaughter, the longest sentence ever imposed in Florida for this crime. Jenkins pleaded guilty to causing a 2008 head-on collision on Interstate 95 that killed three victims. Jenkins’ blood-alcohol level that night was .182,…
The United States Court of Appeals for the Seventh Circuit recently took issue with Indiana’s no-texting statute, explaining that Illinois’ “hands-free” statute was more sensible and effective. Indiana statutorily prohibits drivers from texting while driving. All other cellphone use, however, is permitted. This includes making phone calls, consulting directions, reading news,…
The Illinois Court of Appeals for the Third District recently reiterated that a guilty plea waives non-jurisdictional errors. In December 2011, defendant Chad Morse was charged in Whiteside County with aggravated DUI, reckless homicide, and DUI. The indictment alleged that Morse was driving under the influence of alcohol on November…
Last month, the Illinois Court of Appeals for the First District affirmed the circuit court’s suspension of a defendant’s driving privileges, holding that the defendant’s weaving between lanes provided reasonable suspicion for the stop. Defendant Michael Magnant appealed a Cook County circuit court order denying his petition to rescind the…
Following a bench trial, defendant Brandon Little was convicted of felony driving while license suspended or revoked (DWLS) and was sentenced to one year of conditional discharge and 60 days in county jail. Little appealed, arguing that the trial court erred in denying his pretrial motion to suppress evidence. The…
On January 21, 2016, the Fourth District Illinois Court of Appeal upheld defendant Albert Fleming’s nine-year prison sentence for an aggravated DUI. Fleming struck and killed pedestrian Anthony Pauls while he was crossing the street on October 12, 2012. The state alleged that Fleming’s driving under the influence was the…