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…
Stroger Hospital executive Robert Vais was sentenced to 100 days in prison for fatally striking a young chef who was biking home from work on December 7, 2013. Vais was driving home drunk from a Christmas party. During an emotional sentencing hearing last month, Vais tearfully apologized for the death…
After the Georgia Supreme Court ruled this past May that mere compliance with the statutory implied consent law did not, per se, amount to actual and voluntary consent to a blood test, Georgia defense lawyers have been successful in getting evidence thrown out in their clients’ DUI cases under the…
Jermaine Phillips challenged his DUI conviction, claiming that the evidence failed to prove his guilt beyond a reasonable doubt. Specifically, he argued that his blood-alcohol level of .059 was below the legal limit, and other circumstantial evidence of his guilt was weak. An Illinois appellate court affirmed Phillips’ conviction, holding…
This September, the Illinois Supreme Court held that the Illinois implied consent statute was unconstitutional as applied to a driver when the test was requested two days after the motor vehicle accident. In May 2012, Kevin McElwain was involved in a traffic accident. He was stopped at an intersection and began to make…