Articles Posted in DUI

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In criminal cases throughout the country, the prosecution bears the burden of proving that the defendant committed the charged offense. Thus, the prosecution will typically conduct an investigation and engage in discovery to obtain any evidence that would imply or prove the defendant’s guilt. If the prosecution uncovers evidence that would exonerate the defendant, however, it must produce that as well. Unfortunately, the prosecution does not always comply with the rules, as demonstrated recently in Scottsdale, Arizona, where a prosecutor alleged he was fired for uncovering mishandling of evidence in numerous DUI cases that were handled by the prior prosecutor. If you live in Illinois and are charged with  DUI, it is critical to retain an experienced Illinois DUI defense attorney who will fight to uncover any evidence in your defense.

Alleged Prosecutorial Misconduct in Scottsdale DUI Cases

It is reported that the recent termination of a Scottsdale, Arizona prosecutor lead to the disclosure of allegations that a prior prosecutor improperly handled DUI cases. The prosecutor received a letter notifying him that he had been terminated due to the city’s loss of confidence and trust in the prosecutor’s ability to fulfill the duties and expectations of his position. The city claims that an investigation was conducted into the prosecutor’s work performance by an independent entity and that it did not have the final report.

Reportedly, the prosecutor maintains, however, that he was fired for blowing the whistle on the city’s misconduct. Specifically, after hearing from an assistant prosecutor that the city previously failed to disclose evidence that was favorable to defendants in DUI cases, the prosecutor ordered an audit of all DUI cases prosecuted in the past five years. One of the claims alleged that a prosecutor failed to share evidence that a blood test revealed no drugs or alcohol in a defendant’s system after a defendant refused to submit to a breath test. The prosecutor noted that as sentences for DUI convictions increase when a defendant has prior offenses, failing to produce evidence that may exonerate a defendant may impact the defendant’s rights in the future as well.

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In cases in which a person is convicted of a DUI charge, the sentencing court will require the person to mount an ignition interlock device in his or her car. Ignition interlock devices and other devices that aim to restrict drivers from driving while intoxicated typically are reserved for instances in which a court feels a person poses a threat to society, and therefore, will impinge upon the person’s rights. Recently, however, there have been movements in several states to introduce legislature at a state and federal level that will require all drivers to be equipped with devices that are intended to prevent driving under the influence. Currently, it is unclear whether such efforts will be successful or the impact such laws could have on DUI charges. If you charged with a DUI in Illinois, though, it is in your best interest to consult an Illinois DUI defense attorney regarding your rights and the potential penalties you may face if convicted.

Recent Efforts to Prevent Drunk Driving in Michigan

Recently, a congresswoman from Michigan proposed that the Democratic House Infrastructure package include a provision mandating that the Department of Transportation install in passenger vehicles systems designed to prevent drunk driving. Those in favor of the act argued that it would diminish preventable deaths. Additionally, companion legislation promoting research and development of technology that would detect the presence of alcohol on a driver’s breath was proposed in the Senate. Proponents of both bills argue that such technology is akin to installing airbags in cars, and would not impose a significant burden. While the parameters of the proposed technology have not been defined, it is likely that it will include ignition interlock devices and cameras.

Risks of Mandatory Drunk Driving Prevention Devices

While no one is opposed to preventing harm caused by drunk driving, there are risks associated with installing interlock ignition devices and other similar apparatus in all new cars. First, such devices arguably both impose a penalty on and diminish the privacy rights of people who have not committed any crime, without just cause. Further, there is a high risk of false readings for people who have recently consumed certain non-alcoholic foods or beverages.

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It is not uncommon for a person that observes someone driving erratically to call 911 to report reckless driving. If a police officer stops a driver based on an anonymous tip, however, and the driver is subsequently charged with DUI, an issue often arises regarding whether a 911 call in and of itself is grounds for reasonable suspicion that a crime or traffic violation was committed. Despite a United States Supreme Court ruling addressing the issue of whether an anonymous tip is sufficient to warrant a traffic stop, the law largely remains unsettled throughout the country as shown by a recent Ohio case in which the court stated it would hear oral arguments regarding whether a bystander’s warning is adequate cause for effectuating a traffic stop. If you were charged with DUI in Illinois after being stopped due to a 911 call, it is prudent to speak with an assertive Illinois DUI defense attorney to discuss your rights.

Facts of the Ohio Case

Allegedly, the defendant was stopped by a police officer and charged with DUI after a passerby yelled to the officer that the defendant was drunk. In response to the assertion, the officer stopped the defendant and noticed she had signs of intoxication, including slurred speech, bloodshot eyes, and an odor of alcohol. The passerby was never identified. The defendant argued that the stop was not justified, as the officer was only acting on an anonymous tip of uncertain reliability and, therefore, did not have reasonable suspicion that the defendant was committing a crime. The lower courts found in favor of the defendant, noting that the tip lacked any details regarding why the passerby believed the defendant was intoxicated.

Rulings Regarding DUI Arrests Arising Out of Anonymous Tips

In Navarette v. California, the United States Supreme Court ruled that a tip provided by an anonymous source in a 911 call was sufficiently reliable to justify a traffic stop, as it provided details regarding the make and model of the car and details regarding the fact that the car was being driven erratically. The Court further stated that because the call made through the 911 system it was reliable because the calls are recorded, and people may be prosecuted for making false reports.

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One of the tenets of DUI law throughout the country is that the police must have reasonable suspicion that a person operating a vehicle committed a crime or violated a traffic law prior to effectuating a traffic stop. Thus, if an officer lacks sufficient grounds to stop a motorist, any evidence obtained during the stop may be precluded at a subsequent DUI trial. What constitutes sufficient grounds to effectuate a stop varies from State to State, but generally, more than mere suspicion is required, as demonstrated in a recent Pennsylvania case. If you live in Illinois and were stopped without just cause and subsequently charged with a DUI crime, it is in your best interest to speak with a trusted Illinois DUI attorney regarding your potential defenses.

Details of the Pennsylvania Case

Allegedly, an officer stopped the defendant due to a “hunch” that she was doing something illegal. Specifically, the officer, who was dispatched on another call, stopped the defendant because he believed she was trying to evade him because she turned several times. The officer admitted, however, that the defendant did not exhibit any signs of intoxication while driving, did not violate any traffic laws, and there were no defects on her car that would cause suspicion. Following the stop, the defendant was charged with and convicted of DUI. After her conviction, she appealed, arguing that the officer lacked reasonable suspicion to stop her. The appellate court overturned her conviction and remanded the case to the lower court, ordering suppression of the evidence obtained during the stop.

Reasonable Suspicion Under Illinois Law

Under Illinois law, stopping a vehicle is considered a search and seizure. For a stop to be lawful, an Illinois police officer must possess a rational belief that the person stopped has committed or intends to commit a crime. The suspicion must be both articulable and reasonable. In other words, a totality of the facts present at the time of the stop must be sufficient to inspire the belief in a person of ordinary caution that the stop was appropriate, which requires more than a hunch or vague suspicion that criminal activity has occurred or is about to occur. While Illinois does not have a bright-line rule for whether a stop is reasonable, and each case is evaluated on its particular facts, it is likely that in Illinois a stop based on a hunch, with no evidence of illegal activity or a violation of a traffic law, would be deemed improper.

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The COVID-19 pandemic continues to affect many aspects of life throughout the state and country, including driver’s rights. Many people have questions regarding how to renew their license or registration, upcoming hearings, and the removal of ignition interlock devices, and are faced with multiple conflicting sources of information. Fortunately, however, the Illinois Secretary of State recently addressed questions pertaining to driving rights that many people throughout the state have asked. If you were recently charged with or convicted of a DUI, it is advisable to consult a trusted Illinois DUI defense attorney to discuss how the COVID-19 pandemic may affect your rights.

 COVID-19 Impact on Driver’s Rights in Illinois

Many people’s driver’s licenses, commercial driver’s licenses, and vehicle registration stickers either expired before or during the COVID-19 pandemic or will expire in the near future. The Secretary of State’s office is closed due to the pandemic, however. Fortunately, the Governor extended licenses and registrations for at least 90 days after the end of the disaster. Certain people are eligible to renew their driver’s licenses online as well.

Drivers who wish to obtain a copy of their driving abstract or record during the pandemic can visit www.cyberdriveillinois.com to purchase a copy. Once payment is made, the record or abstract will be available to print. Additionally, the person will receive an email with a receipt of the transaction that will allow the person to print his or her record for five days after the purchase.

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As marijuana use becomes increasingly legal throughout the country, legislatures and courts are slowly establishing laws, further defining and limiting its use. For example, an issue that keeps arising is whether the smell of marijuana emanating from a car provides probable cause for the police to believe the driver of the car is operating the vehicle while intoxicated. This issue was recently addressed by a California court that ultimately found that the smell of marijuana alone was insufficient to effectuate a stop. Conversely, the issue of whether the smell of marijuana is adequate grounds to stop a driver is before the Illinois Supreme Court, with a ruling likely to be issued in the near future. If you are faced with marijuana-related DUI charges, it is in your best interest to consult a seasoned Illinois DUI defense attorney to discuss your potential defenses.

The California Ruling

It is reported that a California appellate court recently issued a ruling stating that the smell of marijuana in a vehicle is not sufficient grounds for the police to conduct a search of the entire vehicle. In that case, the police were on DUI patrol when a car without a front license plate drove by. The police stopped the car, and after approaching the vehicle, smelled marijuana. The police questioned the driver who admitted to having marijuana in his console. The police then searched the entire vehicle and found a loaded gun under the driver’s seat. The defendant was charged with possession of an illegal weapon. During the trial, the search of the defendant’s vehicle was deemed legal, but on appeal, that ruling was overturned. The court stated that marijuana use is legal, and the only evidence the police relied on as grounds to search the car was the smell of marijuana, which the court stated was not evidence of a crime.

Illinois’s Standpoint on the Issue

The issue of whether the smell of marijuana is adequate to provide a police officer probable cause to stop a motorist and search his or her vehicle was recently argued before the Illinois Supreme Court, but a ruling has not yet been issued. That case arose under similar circumstances as the California case, in that the officer stopped the defendant because he smelled an odor of marijuana coming from the defendant’s car. The defendant’s car was searched, and during the search, the police found crack cocaine, which led to the defendant being charged with drug crimes. While the stop occurred prior to the legalization of marijuana in Illinois, the argument before the Illinois Supreme Court was held after marijuana use was legalized.

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All citizens are subject to the same criminal laws, including police officers. That does not necessarily mean that all crimes are investigated and prosecuted equally, however. This was demonstrated recently in Colorado, where a police officer who was found unconscious and intoxicated in his police car was not prosecuted for DUI. Generally, however, most people must comply with the law and can be charged with DUI for operating a vehicle while intoxicated. If you are faced with charges of a DUI offense in Illinois, it is prudent to meet with a seasoned Illinois DUI attorney to discuss your potential defenses.

Colorado Police Officer Found Intoxicated in his Patrol Car

It is reported that police officers encountered one of their own intoxicated and unconscious in a patrol car, while armed and in uniform, on a street in Aurora, Colorado. Footage from the incident indicates the officers that responded to the scene believed the officer was intoxicated. None of the officers advised EMS that they smelled alcohol, however, and a DUI specialist who arrived at the scene was told not to conduct an investigation.

Allegedly, a blood draw taken at the hospital indicated the officer’s BAC was five times the legal limit. The District Attorney advised he could not use it to prosecute the officer, however, due to medical privacy laws, and restrictions regarding information in internal affairs reports. Thus, the District Attorney did not have sufficient evidence to charge the officer, which he admitted was a source of frustration, stating that if anyone else had been in the car, he or she would have been treated differently.

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In the majority of DUI investigations, the investigating officer will administer a breath test to the DUI suspect via a breathalyzer machine. Thus, the prosecution’s sole or primary evidence in many DUI cases are the results of a breath test. Accordingly, the results must be accurate. Recently, however, it came to light that the breathalyzer machines used by Michigan police may be compromised, affecting hundreds of cases. Further, there are questions regarding it represents a conflict of interest for the police to be conducting the probe into the matter. While the outcome of the Michigan investigation remains to be seen, it is prudent for anyone charged with DUI in Illinois following a breath test to speak with a trusted Illinois DUI attorney to discuss what defenses may be available.

Michigan Breathalyzer Probe

Reportedly, the Michigan State Police recently stopped using over two hundred breathalyzer machines, due to the fact that the contractor that calibrates the machines is accused of fraud. Thus, the State Police began conducting a criminal investigation into the contractor and noted issues with the performance of many breathalyzer machines. As a result, many police agencies currently have to use blood tests rather than breath tests in the investigation of DUIs, which means both greater resources and time have to be devoted to DUI arrests.

The issue, which may stem back to 2018, is not only draining the resources of police throughout the state, it has also called into question whether the police should be conducting the investigation into one of their own contractors. Specifically, many criminal defense attorneys believe an independent investigation is necessary to determine the scope of the issue, and to protect the rights of criminal defendants whose cases may be affected by the results of the investigation. Others have stated that allowing the police to conduct the investigation essentially allows them to determine whether the contractor the police hired violated the law.

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Although citizens in every state in the nation are charged with DUI offenses, some states experience a higher rate of DUI crimes than others. Recently, the United States Drug Test Centers conducted research regarding DUI trends throughout the country in the last several years and set forth a report delineating, in part, which states had the highest rate of DUI arrests. While Illinois had one of the lowest rates of DUI arrests, Illinois residents charged with DUI offenses should nonetheless be vigilant in protecting their rights and should consult a seasoned Illinois DUI attorney to assist them with asserting a strong defense.

Recent Statistics Regarding DUI Arrests Throughout the Country

Allegedly, according to the report, there were over one million DUI arrests throughout the country in 2018, which represented a decline from the number of arrests in 2014 but a slight increase from 2017. The report also indicated that men are three times more likely than women to be arrested for DUI, with men making up close to seventy-five percent of total DUI arrests. Additionally, when the race of the person arrested was indicated, white people were far more likely to be arrested for DUI than any other race, making up over eighty percent of total DUI arrests.

The total number of DUI arrests varied greatly from state to state, with states in the Western region of the country experiencing higher rates than other parts of the country. A total of twenty-eight states have greater DUI arrest rates than the national average, while Illinois and Delaware have DUI rates lower than the national average. While DUI rates have increased in fourteen states, overall, the population-adjusted rates of DUI have fallen throughout the country. In Illinois, specifically, DUI arrest rates decreased over thirty percent from 2009 to 2018. From 2014 to 2018 alone, DUI arrest rates in Illinois decreased by approximately twenty-two percent.

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In some instances, when a person is convicted of a DUI offense, the person is required to install an ignition interlock device in his or her vehicle. Essentially, the device prevents people from driving while intoxicated by requiring them to submit to a breath test prior to driving. While ignition interlock devices are not widely employed, recent federal legislation seeks to make them mandatory in all new vehicles, regardless of whether the driver has ever been convicted of a DUI offense. Proponents of the bill fail to consider the potentially detrimental repercussions of requiring all drivers to install ignition interlock devices in their cars, however, including the harm that can be caused by inaccurate readings. If you are charged with an Illinois DUI offense following a breathalyzer test, it is prudent to speak with a trusted DUI defense attorney to discuss your potential defenses.

The Ride Act

The Reduce Impaired Driving for Everyone Act of 2019, commonly referred to as the Ride Act seeks to make it mandatory for all new cars to come with alcohol detection systems. Specifically, the law would require any car manufactured in 2024 and beyond to have a factory-installed alcohol detection device. Prior to installation, however, the National Highway Safety Administration would work with manufacturers to develop safe and effective technology. Additionally, the bill provides for funding for researching and developing the technology, which will be tested on vehicles prior to becoming a requirement for consumers.

Although the precise technology proposed by the Ride Act is unclear, it is likely to be similar to the ignition interlock devices installed in cars of people convicted of certain DUI crimes. Those devices require a driver to submit to a breathalyzer test prior to starting the vehicle, and at random intervals when the driver is operating the vehicle, which are referred to as rolling tests. If any of the tests indicate the driver is over the legal limit, the car will cease to operate.

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