Wednesday, January 27, 2010

Chicago DUI lawyer comments on the rights of the accused to drive




This Chicago DUI lawyer has posted here, here, and here about the mandatory license suspension for everyone in Illinois charged with a DUI. Now comes news that it doesn't work that way everywhere.

January 26, Raleigh, N.C.


By law, the magistrate has very little authority to keep an accused drunken driver off the road. He or she is entitled to bond. Plus, the statute focuses on convictions, not pending cases.
"It's not specifically listed in the statute that they're to consider the dangerousness to the community," Willoughby said. "That, I think, is a shortcoming."
Willoughby believes the law should change so that someone considered a danger could be automatically detained on pending DWI cases.
"Here's a dangerous situation," Willoughby said. "The courts need to address it quickly."
Defense Attorney Whit Powell, who isn't involved in the Eason case, agrees that pending arrests should be considered to force faster judgments.
"You watch those cases and make sure that a person doesn't just rack up cases without ever going to court," Powell said.
He argues, however, that holding suspects without with a conviction crosses the line.
"Don't forget the Constitution," he said. "A man or a woman is innocent until proven guilty."
Craig Lloyd, executive director of North Carolina's MADD chapter, believes it is only matter of time before repeat offenders hurt someone. He suggests impounding vehicles or requiring an ignition interlock system after multiple arrests.


One word for Mr. Lloyd, balderdash! I have numerous clients who will not drive while their license is suspended for a DUI arrest and by the way, they tend to be found not guilty of the offense.

0 comments:

Post a Comment

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

Post a Comment

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