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…
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,…