Chicago DUI lawyer comments on the stiffer penalties for DUI

This Chicago DUI lawyer posted here and here about significant changes to Illinois DUI laws.

Under these new laws, people are being sentenced to jail, as required by state legislators, for driving while their license is suspended based on a DUI arrest. The license suspension is triggered by the Statutory Summary Suspension. Statutory Summary Suspension is only for DUI arrests. If a first-time DUI accused submits to testing by breath, blood, or alcohol and is over the legal limit of .08 the license will be suspended for six months. If the accused refuses to submit to these tests the license will be suspended for one year.

Some of you are already wondering how is that any different than the way the law used to be in such cases. It used to be a first time offender had a choice between community service and jail. It used to be a first time offender would be charged with a misdemeanor but the ripple effect of the changes to DUI law are great.

Currently in Illinois, if you are charged with driving while your license is suspended based on a DUI arrest (note I said arrest, not a conviction) and you could have been driving legally with an Interlock Ignition Device installed in your vehicle, the minimum sentence is 10 days in jail and it is a class 4 felony.

625 ILCS 5/6-303 (c) (3)- Any person convicted of a violation of this Section during a period of summary suspension imposed pursuant to Section 11‑501.1 when the person was eligible for a MDDP shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days.

I just don't get why some folks think a DUI is no big deal. It is.

Chicago DUI lawyer comments on Tiger Woods' non-DUI

This Chicago DUI lawyer knows it's a slow news day, but anytime "America's son", Tiger Woods, is in the news the day isn't slow. Unfortunately, he wasn't in the news for his prowess on the golf course. He ended up going to the hospital and being treated and released for minor facial lacerations. Initially, it was reported that the lacerations were from a car accident. Now it appears there maybe more to it than that.

From TMZ.com:

Tiger has yet to be formally interviewed by the Florida Highway Patrol -- that should happen this afternoon. But we're told Tiger had a conversation Friday -- with a non-law enforcement type -- detailing what went down before his Escalade hit a fire hydrant.

We're told he said his wife had confronted him about reports that he was seeing another woman. The argument got heated and, according to our source, she scratched his face up. We're told it was then Woods beat a hasty retreat for his SUV -- but according to our source, Woods says his wife followed behind with a golf club. As Tiger drove away, she struck the vehicle several times with the club.

We're also told Woods had said during the conversation Friday he had been taking prescription pain medication for an injury, which could explain why he seemed somewhat out of it at the scene.

As I recently posted, in Illinois, you can be charged with a DUI if your driving is impaired based on a prescribed drug. If Mr. Woods was traveling on public roads in Illinois with the same prescription pain medication I believe he would be charged with a DUI. Here's the Illinois statute on point:

625ILCS 5/11-501

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

Is that clear? Just because your treating doctor gave you a prescription does not entitle you to drive. Once the police decide you are impaired and you either 1) tell them your doctor gave you a prescription or 2) go to the hospital and get treated (this may well include a blood draw or urine sample that reveals the drug at issue)you could very well be facing a DUI charge even if you don't believe you were impaired.

In Mr. Wood's case his saving grace from being charged with a DUI,even though he was on prescribed pain medication and appeared "somewhat out of it", could very well be that he was not driving on public roads. Perhaps it's time to go through your prescription medications with your treating doctor and make sure they aren't on a list of drugs that could get you charged with a DUI.

Chicago DUI lawyer comments on the passage of Leandra's Law

This Chicago DUI lawyer has posted here about the increase of women being charged with DUI. One of the reasons this increase is significant is because many of these women have their children with them when charged. Now comes the news that New York has passed Leandra's Law, so named after the little girl who died when the driver of the vehicle she was in was arrested for DUI. The driver, Carmen Huertas, picked Leandra up for a sleepover with her daughter.

November 18, Albany, NY

New York Governor David Paterson on Wednesday signed into law the toughest driving while intoxicated (DWI) legislation in the nation. The Child Passenger Protection Act, also called Leandra's Law, makes it a felony for individuals under the influence of drugs or alcohol to drive with children in the car.

"Too often drivers under the influence of alcohol or drugs chose to compromise not only their own lives, but also the lives of our children. Today we say enough," said Paterson in a press release.

The state Senate passed the bill on a 58-0 vote Wednesday afternoon, and it was passed in the state Assembly on Tuesday.

Under the bill, a drunk driver with a child under 16 years old in the car could face up to four years in prison. If the child is killed while the driver is intoxicated, it will become a B felony and carry a 7- to 25-year prison sentence.

The law is named after Leandra Rosado, an 11-year-old girl who was killed last month when the car she was in crashed on the side of the West Side Highway. The driver, Carmen Huertas was intoxicated at the time and has been indicted on charges of manslaughter and drunk driving.

While we can all agree that drunk driving with a child in the vehicle is heinous you are more apt to be charged with this offense in Illinois during this holiday season. Perhaps just yesterday your whole family, kids included, loaded up and headed to someone else's house for Thanksgiving. Beer, wine and perhaps even a spiked eggnog were served right? You had a few right? Then you loaded the car back up and headed back home. You are perfectly set up to be charged with a DUI, because the kids are with you.

In Illinois, a person who is charged with a first DUI with a child under 16 as a passenger is subject to additional penalties, above and beyond those for a first time offender who is not transporting a child. Those additional penalties include being subject to 6 months jail and an additional mandatory minimum fine of $1,000 and 25 days community sevice in a program benefiting children pursuant to 625 ILCS 5/11-501 (c) (3).

If the child being transported suffers great bodily injury, the offense, even for a first time offender, is a Class 4 felony. That means the person could face 1-3 years in prison. 625 ILCS 5/11-501 (d)(1)(J).

It's a whole lot easier than you imagined to be charged with a DUI for driving with a child in the car. Make sure you have a designated driver during the holiday season. That means one who drinks nothing harder than what the kids are drinking that evening.

Chicago DUI lawyer is thankful the Constitution doesn't take a day off

This Chicago DUI lawyer has posted here, here, and here about your Constitutional rights. Today, she's reminded that the Constitution doesn't go on holiday, even as many of us had today off to share with family and friends.

Here's a snapshot from a Facebook Page, early this morning:

Anonymous 1- Is thankful for a job as I work thanksgiving again. Happy thanksgiving all!

15 hours ago via Mobile Web ·

Me- I'm thankful for all of your service and our Constitution that doesn't take a day off for the holiday in order to protect the rights of all. Peace & Thank you,

15 hours ago ·

Anonymous 2- nice one, ava!!! i agree! hope bond court's not too long, Anonymous 1 !

11 hours ago

Anonymous 1 worked bond court today. That's right, she wasn't sleeping in or baking pies. She was up early this morning preparing for bond court. As she represented an array of accused who found themselves in custody at the Cook County Jail,instead of with their families today. I am confident she was able to get bond set at levels that let many of the accused be released in order to spend the rest of the day with their families. I'm thankful to live in a country where the rights of the accused don't go on holiday, even if it is Thanksgiving.

PS My husband wanted me to remind you that the police are usually out in full force during the holiday season so please choose a designated driver if you plan to drink any alcoholic beverage. No one wants to be locked up for a DUI on Black Friday!

Chicago DUI lawyer comments on the expensive subtraction lesson given to the police

This Chicago DUI lawyer has heard of all kinds of reasons to be arrested, but really "offering a middle finger"? I guess it matters if that gesture is given to a police officer.

November 24, Pittsburgh, PA

The City of Pittsburgh has agreed to pay $50,000 to a man who sued after being issued a disorderly conduct citation for gesturing offensively at a police officer.

The settlement, in which the city also agreed to retrain its officers in the limits of disorderly conduct law, was reached with Dave Hackbart, 35, after research undertaken by his lawyers found that police citations for swearing or offensive gestures were common here.

From March 2005 to July 2009, the research found, Pittsburgh officers cited 198 people for disorderly conduct on the basis of that sort of behavior, even though the Pennsylvania Supreme Court has consistently found such citations unlawful on free speech grounds.

Mr. Hackbart was charged on April 10, 2006, while trying to parallel-park. According to his lawsuit, another car pulled up and blocked him from parking, frustrating Mr. Hackbart, who gestured with his middle finger at the other driver.

When a third driver objected to the gesture, Mr. Hackbart delivered it to him as well. That driver turned out to be an officer, Sgt. Brian Elledge, who wrote the citation. Mr. Hackbart was found guilty by a magistrate and fined court costs.

Yep, nothing quite like a citizen exercising his Constitutional right to free speech. Seriously, what was the officer thinking?

Chicago DUI lawyer provides an update on the Beltway connected DUI arrests from last week

This Chicago DUI lawyer posted about Senator Kerry's daughter and Senator Lugar's wife being charged with DUI's last week. Now comes word that Senator Kerry's daughter, Alexandra, had her DUI charges dismissed.

November 23, Hollywood, CA

John Kerry's daughter is free and clear this morning... because the L.A. City Attorney has decided not to prosecute her for DUI -- that's what law enforcement sources tell TMZ.

TMZ broke the story Alexandra Forbes Kerry was busted by the LAPD early Thursday morning, but her blood alcohol level was .06 ... under the legal limit of .08.

The City Attorney typically doesn't prosecute cases with a .06 ... so the decision to reject the case is pretty routine.

She was lucky. Yes there are already those who believe the charges were dismissed because of her famous father, but in this particular case she also was not charged with any erratic driving nor was there an accident, unlike Senator Lugar's wife. Do I believe her background and associations may have played into the prosecutor's decision to dismiss the charges? Of course it did. As I've said each DUI is different. She probably has no other criminal background. She did not get stopped by law enforcement for driving poorly and if put before a jury of her peers, she would probably be found not guilty. The prosecutor made the right decision in this case. Yes, I would expect a Chicago prosecutor to make the same decision for a non-celebrity defendant if the facts were similar to Ms. Kerry's.

In Illinois, you can blow under the legal limit and just like Alexandra Kerry be charged with a DUI. Just like Alexandra Kerry your DUI would be subject to the prosecutor making the decision whether to go forward with the charge or not. In Illinois, one is deemed not under the influence of alcohol if the breath alcohol content is less than .05. In Illinois, like California, the legal limit is .08. Let me be clear, people are found guilty of DUI daily without breath alcohol testing. Each individual has to decide whether they should submit to chemical testing.

Chicago DUI lawyer comments on the DUI checkpoint everyone is flocking to reach

This Chicago DUI lawyer has posted here, here, and here about DUI checkpoints. She's never heard of law enforcement asking people to avoid a DUI checkpoint until now.

November 22, Salinas, CA

Here's a novel idea that mixes the very good and the very bad of the holiday season.

The Salinas Police Department has added a turkey giveaway to this week's DUI checkpoint.

Officers will give turkeys to some of the drivers who successfully pass through the drunk driving stop Tuesday night.

It wasn't clear how the lucky winners will be chosen, but the turkeys themselves come from donations from local businesses, members of the department and any private citizen who wants to hand over a bird.

This is the seventh year Salinas police have added a giveaway to the Thanksgiving week DUI checkpoint.

It's become so popular, Salinas police are now asking drivers not to go through the checkpoint more than once just to try to win a turkey.

During these economically challenging times I suspect this DUI checkpoint will be flooded with people waiting to pass through it. I look forward to residents taking advantage of this rebate on their hard-earned tax dollars.