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…
DWI charges against a woman in Buffalo, New York, were dismissed based on a surprising defense: “Her body is a brewery.” The woman’s blood-alcohol level was recorded at over four times the legal limit when it should have been between .01 and .05. Her rare condition was not discovered until after…
Beginning on January 1, Illinois will dispose of the requirement that people arrested for a DUI are prohibited from driving for a minimum of 30 days. Instead, recent DUI arrestees will be permitted to keep driving, provided they install breath-measuring equipment in their cars to ensure their sobriety. This practice is quickly…
Illinois altered its laws affecting drivers with multiple DUI convictions with House Bill 1446, which was signed into law in August and becomes effective on the first day of the new year. Under prior Illinois law, a driver with four or more DUI convictions was not permitted to seek a…