Articles Posted in DUI

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 an U-turn when a motorcycle collided with the side of his vehicle. The driver and passenger of the motorcycle had substantial injuries, and the passenger died. On the date of the accident, McElwain did not receive any tickets and was not asked to take any chemical tests. The officers present on the date of the accident did not think he appeared to be under the influence of any illicit substance.

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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 Chicago metropolitan area.

Under the new law, which becomes effective on January 1, four-time DUI offenders can apply for restricted driving permits, enabling them to drive in specific circumstances, such as going to work, driving their kids to school, or visiting the doctor.

The law only applies to those whose licenses have been revoked for at least five years. Additionally, applicants must prove that they’ve been sober and that they’ve equipped their cars with breath ignition interlock devices, which prevent their cars from starting if they’ve consumed alcohol. Eligible drivers will be overseen by one of nine companies the state employs to supervise breath ignition interlock devices.

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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, Robert Adams, and Adam Filhaut guilty of arranging the 2013 DUI arrest of opposing attorney C. Phillip Campbell to gain an advantage in a multimillion-dollar defamation lawsuit. Diaco, Adams, and Filhaut represented the defendant, a radio personality who was being sued by his rival for slander.

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This July, the Montana Supreme Court decided whether the intermediate court erred in concluding that the state’s 24/7 Sobriety Program was unconstitutional. The high court concluded that, while the 24/7 Program did not, on its face, violate the state or federal constitutions, the statute was unconstitutional as applied to the defendant because the trial court did not conduct an individualized assessment to determine whether he was an appropriate candidate for the program.

Montana enacted the 24/7 Sobriety Program Act in 2011 in response to high levels of drunk driving in the state. The Act’s purpose was to protect the public by reducing the number of people on Montana’s highways who drive under the influence of alcohol or drugs, and to strengthen the options available to prosecutors and judges in responding to repeat DUI offenders.

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With marijuana’s increasing popularity and acceptance, it was only a matter of time before the advent of a handheld device to measure the presence of THC in an individual’s system. A THC breathalyzer would supplant blood and urine tests, which are currently the only available method to determine whether someone is under the influence of THC, the psychoactive element of cannabis.

Vancouver’s Cannabix Technologies, one of several companies developing a THC breathalyzer, hopes to be the first to unleash such a product on the market. The device uses a technology that can identify recent consumption of THC. Cannabix has not revealed when the product will go on sale, but it has stated that a patent is pending.

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Louisville, Kentucky Metro Corrections officer Liliana Hernandez has been suspended after being accused of lying under oath last month. According to court records, Hernandez falsely claimed on a form that a suspect refused to take a breath test, for which the suspect’s license was automatically suspended. She repeated the same fabrication while testifying in court under oath. A video recording from the jail shows that the suspect expressed an unequivocal willingness to take the test. An internal investigation is looking into other potential misconduct, which could jeopardize hundreds of drunk-driving cases.

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Based on close to 700 surveys given to law enforcement agencies throughout the state, the Alliance Against Intoxicated Motorists (AAIM) compiled crucial statistics regarding DUI arrests in Illinois.

AAIM, a non-profit citizens’ action group, was founded in 1982 with the aid of former Secretary of State and former Governor Jim Edgar, who has headed a number of legislative efforts to reduce drunk driving. The survey has been collecting data since 1990 and is funded by a grant from the Illinois Department of Transportation.

AAIM Executive Director Rita Kreslin has said that stricter enforcement of DUI laws and community awareness efforts in Illinois have significantly reduced the annual number of DUI-related deaths. Fatalities peaked, she says, in the 1980s. Since then, she said, with directed efforts and the help of law enforcement agencies, traffic safety advocates and communities have prevented numerous accidents and saved thousands of lives.

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Hundreds of court cases in Orange County, California are under review amid allegations that someone forged court records to fix DUI and other traffic cases. The FBI and Orange County prosecutors are investigating close to 600 superior court cases going back as far as 2006. It has been suspected that a court employee recorded fake sentence reductions and dismissals and incorrectly made it appear that at least one defendant had served jail time. All of the cases appear to be tied to a specific clerk who left his job in recent months.

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A bill setting 15 nanograms as the THC threshold for DUI-marijuana is awaiting the governor’s signature. Governor Rauner has 60 days to decide whether to sign it or veto it.Under the current law, a driver caught with any amount of marijuana in his system is considered legally impaired. Opponents believe the current law is unfair because THC stays in a person’s system for weeks without causing impairment, a fact even the federal government acknowledges. The proposed bill sets a legal amount of THC in the system to account for the drug’s lingering effects and allows police to conduct roadside saliva tests to determine whether the driver is over the 15-nanogram limit.

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The Illinois Supreme Court recently held that an officer’s objectively reasonable mistake of law may form the basis for a constitutionally valid vehicle stop. Police officers stopped defendant Jose Gaytan, believing his car’s ball-type trailer hitch obstructed his car’s license plate in violation of the Illinois Vehicle Code. During the stop, officers discovered a diaper bag containing cannabis, which the defendant agreed was his. The defendant was arrested and charged with unlawful possession of cannabis and unlawful possession of cannabis with intent to deliver.

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