Chicago DUI attorney comments on the DUI arrest of a former MADD leader

Whoa!  This Chicago DUI attorney can admit she’s as taken aback as many others about the recent arrest of a former MADD chapter president.

February 24, Gainesville, FL:

 A former president of the defunct local chapter of Mothers Against Drunk Driving was arrested recently by the Gainesville Police Department on a DUI charge.

 Debra Oberlin, 48, was arrested after she had difficulty on a field sobriety test. She registered a .234 and .239 on breath alcohol tests. Florida's legal limit for driving is .08.

 Gainesville's MADD chapter existed for several years in the 1990s before closing in 1996 because of lack of financial support. Oberlin was the chapter president for three years.

 The words that come to my mind come from the people:

Seriously??????!!!!!!

Oh, the irony!!

 The irony is the lady who founded MADD was also arrested and found guilty of drunk driving some years back.

 Definition of irony...

 LMAO

 Seriously?!

 

Chicago DUI attorney comments on the problems with the changes to the MDDP law

This Chicago DUI attorney posted here about the changes to the MDDP law.  Specifically, judges were taken out of the process effective last week when Governor Quinn signed the law.  Unfortunately, it has not been a smooth transition.

It’s the classic Abbott & Costello bit “Who’s on First?” 

So here’s the problem.  Let’s say you were charged with a DUI around the middle of January.  Your first court date is after the new law went into effect.  In some cases, the judge is refusing to sign the MDDP.  The problem with that is you may need to contact the Secretary of State to participate in the program.

It’s going to be a bit of a rough ride in the interim it appears.  

Chicago DUI attorney comments on the new DUI law that takes judges out of the process

It is done.  This Chicago DUI attorney has most recently mentioned the problem of the MDDP and courts here.  Now, effective on Valentine’s Day, the MDDP no longer requires giving a judge a forum to belittle the defendant or attempt to get the defense attorney to bargain over a client’s right by withholding their signature from the MDDP.

Public Act 96-1526:

Synopsis As Introduced

Amends the Illinois Vehicle Code. Removes the authority of the courts to order the issuance of a monitoring driving device permit (MDDP) and grants the authority to the Secretary of State. Provides that persons issued a MDDP and who must drive a farm tractor to and from a farm, within 150 air miles from the originating farm are exempt from installation of a Breath Alcohol Ignition Interlock Device (BAIID) on the farm tractor, so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. Effective January 1, 2011.

Senate Floor Amendment No. 2

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Removes the authority of circuit courts to order the Secretary of State to issue a monitoring device permit (MDDP) to an eligible first-time DUI offender, and instead, provides for the automatic issuance of a MDDP by the Secretary to an eligible first-time DUI offender. Provides that the eligible first-time DUI offender may file a petition to decline issuance of the MDDP with the court of venue. Provides that persons issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm, are exempt from installation of a Breath Alcohol Ignition Interlock Device on the farm tractor so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. Provides that the Secretary shall adopt rules for methods for determining indigency with respect to persons eligible for a MDDP. Makes other changes. Effective January 1, 2011.

Onward and Upward!

Chicago DUI attorney comments on the passing of a Lion of Justice

We were away for the weekend.  My husband received an award for his stream conservation work from the Wisconsin State Council of Trout Unlimited.  Once I returned from court this morning I was shocked to find that James Ahern had passed.

From isba.org, on the occasion of The 2001 Laureate Award:

To anyone who practices traffic law in Illinois, it is well known that the "dean" of the traffic bar is James J. Ahern, senior. His law firm – Ahern, Maloney, and Moran with primary offices in Skokie –concentrates in the defense of DUI and representation in other traffic matters.

His reputation in the law has several dimensions. He is, first and foremost, an outstanding lawyer. He has appeared frequently in the Appellate and Supreme courts. He represents his clients' interests fully, professionally, and with compassion.

He also is known far and wide as an unselfish teacher. For over twenty years, he has been a member of the Executive Committee of the Illinois Traffic Court Conference. His development of scenarios faced by traffic law attorneys and the panel discussion of these fact situations is a highlight of the annual conference. That part of the seminar is now referred to as "The Ahern Panel."

One of his nominators summed up Jim Ahern's career: He exemplifies the type of lawyer everyone wanted to be when they started law school.

 What do we do when a Lion of Justice passes?  We do our best to carry on.  We strive daily to be the type of lawyer he was.