Thursday, July 2, 2009

Chicago DUI lawyer says Kane County tries again with another "No Refusal DUI" Weekend

Wow! I guess it is true that if Kane County State's Attorney Barsanti tries and tries again, you could lose your rights in a DUI arrest.

The Kane County State’s Attorney will collaborate with local police this holiday weekend to hold accountable those suspected drunken drivers who try to avoid prosecution by refusing to submit to a lawfully requested BAC test.

Kane County State’s Attorney John Barsanti will not reveal the location or locations of this weekend’s operation in an attempt to deter holiday revelers county-wide from drinking and then driving.

I think the true goals of State's Attorney Barsanti are found here:

Authorities aimed the actions at repeat offenders, who, police say, would rather risk the automatic license suspension that comes with a refusal than provide the potentially incriminating evidence of a blood sample -- and the risk of an mandatory license revocation that comes with a second DUI conviction.

When he was stopped, Stehlik refused to provide a sample after being presented with a warrant. Prosecutors argued that his actions constituted criminal contempt of court, but Judge Kevin Busch on Friday disagreed.

"We're disappointed with the ruling, but he's the judge," Kane County State's Atty. John Barsanti said. "That's what he gets paid for."

The judge said refusing a search warrant is not the same as refusing a court order, according to Barsanti.

In other states that have done "no refusal" actions, police are authorized to take a sample by force. However, Barsanti said he does not believe Illinois law allows force.

I guess State's Attorney Barsanti will not rest until it's agreed that anyone accused of a DUI can have evidence taken from their body by force. This is starting to feel more and more like the actions of Big Brother and less like the United States of America and on Independence Day weekend no less.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973