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Illinois DUI Lawyer Blawg

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Illinois Court Upholds Nine-Year Sentence for Aggravated DUI

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…

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New Illinois Law Lets Recent DUI Arrestees Drive

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…

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Illinois Affirms Defendant’s DUI Conviction Despite Blood-Alcohol Level Below Legal Limit

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…

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Illinois Supreme Court Finds Implied Consent Law Unconstitutional As Applied

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…

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Illinois Gives Four-time DUI Offenders a Second Chance

Last month, Governor Bruce Rauner and the Illinois General Assembly decided to give four-time DUI offenders – whose licenses were permanently revoked under former state laws – a second chance. Recent data from the Illinois Secretary of State’s office suggests the law will effect 5,085 drivers, 55% of whom live in the…

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Florida Judge Recommends Permanent Disbarment for Lawyers Involved in DUI Setup

Last month, a Florida judge recommended permanent disbarment for three lawyers who set up their legal opponent to be arrested for a DUI. His findings will be sent to the Florida Supreme Court, which will decide the lawyers’ ultimate punishment.   A month earlier, Judge W. Douglas Baird found the lawyers Stephen Diaco,…

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