In any criminal matter, the prosecution bears the burden of proving, beyond a reasonable doubt, each element of the underlying offense. Thus, if the government cannot establish the corpus delecti or body of the crime, it should not be able to obtain a conviction. An Illinois appellate court recently discussed…
Illinois DUI Lawyer Blawg
Kentucky Court Rules Refusal to Submit to a Warrantless Blood Test Cannot be Used as Evidence of Guilt in DUI Cases
Relatively recently, the United States Supreme Court ruled that warrantless blood tests violate the Fourth Amendment right against unreasonable searches and seizures. The landscape of DUI law across the country changed in response to the Court’s ruling and continues to evolve, as demonstrated in a recent ruling issued by the…
Phoenix DUI Police Officer’s Tactics Called into Question
It is the obligation of the police to uphold and enforce the law. Unfortunately, some officers go beyond the scope of their duties in a manner that violates the rights of the suspects they are investigating. For example, it was recently revealed that a police officer in Phoenix was altering…
Supreme Court Upholds Deportation Based on Prior DUI Crime
DUI convictions can have lasting consequences that impact aspects of their life long after the matter is resolved. For example, in prior years, an immigrant could be deported for DUI offenses. While the law has since changed, the ramifications of prior DUIs may still be felt in certain instances, as…
Supreme Court Rules That Hot Pursuit Exception Does Not Apply in DUI Case
Typically, DUI arrests arise out of traffic stops instigated because of suspicion of drunk driving. While people usually pull over when they are followed by a police car with activated lights or sirens, some do not notice that they are being pursued by an officer and keep driving. Although the…
Changes to Canada’s DUI Laws Could Adversely Impact Status of Immigrants
Illinois is relatively close to the Canadian border, and people from Illinois and other nearby states often move there for work or other reasons but maintain their American citizenship. As in Illinois, driving while intoxicated is illegal in Canada. Recent changes to the Criminal Code of Canada, though, can result…
Court Weighs Hot Pursuit Exception to Warrant Requirement in DUI Case
The police generally cannot stop a person absent a suspicion the individual is committing a crime or enter a person’s home without a warrant. There are exceptions to the general rule, however, such as cases in which the police are actively pursuing a criminal suspect who is attempting to evade…
Colorado DUI Charges Dismissed Due to Officer’s Refusal to Provide Breath Tests
Many states have implied consent laws that provide that licensed drivers must agree to submit to breath tests. As such, if people suspected of DUI refuse to provide breath samples, they often face additional charges and civil penalties. While typically, the failure to conduct a breath test is due to…
Legislation Pending in Illinois Could Change the Right to Access DUI Records
A DUI conviction often not only results in criminal penalties but also impairs a person’s job prospects and relationships. While in many states, people convicted for DUI offenses may be eligible to have their records expunged, Illinois is not currently one of them. A new bill seeks to change the…
Can Someone be Convicted of DUI Following ATV Accident in Illinois?
Most DUI charges arise out of the use of cars, trucks, and SUVs on public highways. DUI statutes are not always limited to the operation of standard vehicles, though, but often apply to the use of any motor vehicle on a public road. This was demonstrated in a recent Florida…