Chicago DUI attorney thinks bad things happen when designated drivers are refused

This Chicago DUI attorney has posted here and here about designated drivers.  She’s always thought they were a stellar idea.  Apparently, everyone doesn’t agree with her on this matter.

September 22, New York, NY:

Jets receiver Braylon Edwards was arrested and charged with drunken driving after a traffic stop early Tuesday morning, the Jets confirmed on their Web site.

Edwards, 27, was pulled over on the West Side of Manhattan at 5:15 a.m. for having excessively tinted windows, the police said, and a subsequent Breathalyzer test measured his blood alcohol at 0.16. That is double New York’s legal limit.

Jets employees were on hand as the players arrived and exited and the team pointed out in its statement that it provides transportation and security for players attending events in New York.

It just goes to show that having a designated driver still isn’t a guarantee that will prevent some from attempting to operate a vehicle after drinking.

Chicago DUI attorney comments on the increasing reach of the Distracted Driving campaign

This Chicago DUI attorney has posted here, here, and here about distracted driving.

Today marks the second Distracted Driving Summit held in Washington D.C.

From fastlane.gov:

We have so much to discuss today because, last year, distraction-related crashes killed at least 5,500 people and injured more than 450,000 others.

But those statistics don't even begin to tell the real story of this deadly epidemic. Each one of those 5,500 killed means an uninvited telephone call from a state trooper. Each one of those nearly half a million injured may mean months of painful rehabilitation.

Yesterday, I met with more than a dozen victims of distracted driving--daughters who lost parents, mothers and fathers who lost children. And today, those brave family members will gather at the summit and tell their stories in the hope that someone will listen, that someone will nod in agreement and say, "She's right; that text message or that cell phone call is not worth it."

The research presented today will confirm what I've been saying over and over for the past 12 months: you cannot text or talk on the phone while driving safely. You just can't do it.

Whoa!  Did you read that?  Yep, we’ve gone from an anti-texting and driving stance that has been expanded to include talking on the phone while driving.  Please note, there’s no mention of talking on a headset being safer.

Chicago DUI attorney wonders what's going on in the city tonight

This Chicago DUI attorney  was literally out walking her dog a few moments ago.  She's posted here, here, and here about roadside safety checks.  While there is one scheduled tonight in the 11^th District there’s quite a bit of action in the 18^th District right now.

An array of marked cars, SUV’s and a tow truck are on apparent standby at Clybourn just north of Division St. 

Wonder what they are up to tonight?  Be careful out there!

Chicago DUI attorney comments on the return of Prohibition

This Chicago DUI attorney has posted here, here, and here about no refusal weekends.  What if you were found guilty of a DUI?  Do you think you shouldn’t be able to consume any alcohol whatsoever? 

September 15, Chicago, IL:

 

Some convicted drunk drivers in Kane County may have trouble making plans for upcoming holidays because they’ll be busy doing something else: getting tested to see if they’re drinking alcohol.

A new Kane County program means some DUI offenders must take breath tests up to eight times during holiday weekends to confirm they are avoiding alcohol as required by their court sentences.

The Holiday Alcohol Testing program unveiled during the Labor Day weekend is designed to discourage DUI offenders from taking a drink at a time when they’re likely to be more vulnerable — during a long holiday weekend.

“It’s a matter of people making a choice about the consequences of taking a drink,” said State’s Attorney John Barsanti, who rolled out the program, the first of its kind in Illinois.

During the Labor Day weekend, 17 DUI offenders banned from drinking while on probation or court supervision were required to report for eight breath tests between Sept. 3 and Sept. 7.

Doesn't it sound like the 21^st Century version of prohibition?

Chicago DUI attorney sees another nail in the coffin of property owners

This Chicago DUI attorney has posted here, here, and here about forfeiture.

Forfeiture means you give up your property based on a crime.  Most of the time we think about drug dealers losing big fancy homes or cars when we think about the government taking property but did you know you could lose your car for driving while your license is revoked?

From People of the State of Illinois vs. One 1998 Lexus GS 300, No.  1-09-0444:

 

Claimant first contends on appeal that discretionary

language and terms such as "subject to seizure and forfeiture"

found in subsection (g) of section 6-303 of the Vehicle Code

require trial courts to consider mitigating evidence prior to

awarding forfeiture of a subject vehicle. Claimant maintains

that the legislative intent behind the vehicle forfeiture

statutes is aimed at drivers who fail to stop using alcohol or

controlled drugs or drivers who fail to stop committing crimes

while under the influence of these substances.

Claimant argues that the necessary nexus for a valid

forfeiture is an alcohol- or drug-impaired driver, driving on a

revoked license. In this regard, claimant contends that in

awarding forfeiture of his vehicle, the trial court erroneously

ignored mitigating evidence of his alcohol rehabilitation and

evidence that he was not driving under the influence of alcohol

when he was stopped and arrested. Claimant also contends the

trial court failed to consider that he had completed the

statutory requirements both in Illinois and Georgia to have his

license reinstated. We must reject claimant's contentions.

The court goes on to reject claimant’s argument that the forfeiture of his vehicle violates the Eighth Amendment which prohibits cruel and/or excessive punishment both via fines or imprisonment.

Chicago DUI attorney comments on the Illini's DUI arrest

This Chicago DUI attorney has posted here, here, and here about the consequences of a DUI arrest.

It’s time to add another.  You could find yourself off the team if you are a star college athlete.  Guess what?  That could jeopardize your ability to continue to get your college education.

September 6, Champaign, Il:

Illinois starting Bandit Michael Buchanan was suspended indefinitely after his weekend arrest for DUI.

Buchanan, a sophomore from Homewood-Flossmoor, won’t play against Southern Illinois on Saturday night and could miss more games.

So does it really matter if you are not guilty of the DUI charges if in the interim you lose your job or ability to go to school?

Chicago DUI attorney comments on the frightening consequences of mistakes

This Chicago DUI lawyer has noted errors every year in driving records.  She doesn’t mean little errors but huge errors, like a DUI being dismissed, but showing as a conviction that could mean all the world to whether a client remains free or goes to jail or even prison.

Imagine if you began to think you were being profiled for a criminal charge that was dismissed against you?  How would you feel?

September 2, Springfield, Il:

A State Journal-Register reporter who covered a murder trial in Quincy last spring believes he was targeted by law enforcement because of news articles he wrote about the trial, his lawyer says.

Records show that Bruce Rushton had just finished covering the Shirley Skinner murder trial for The State Journal-Register in Quincy on May 6 when he was pulled over outside the Adams County Courthouse and charged with driving with a suspended license and disregarding a stop sign.

The license-related charge was dropped, but the incident has prompted a legal effort by Rushton, 46, to determine why he was stopped in the first place and to get the stop sign ticket dismissed. His attorneys are seeking information on law enforcement radio traffic and usage of a database used to check criminal records.

The stop sign charge is scheduled for an Oct. 12 court date in Quincy, said Dan Fultz, the attorney handling that part of the case. Rushton has retained Springfield lawyer Don Craven to help gain access to official records under the Freedom of Information Act.

“I’m not guilty of all charges and look forward to proving my innocence,” Rushton said. “Any further comments will have to come from my lawyer.”

“There is some concern he is being targeted,” Fultz said of Rushton. “That appears to be one of the motivations, but I don’t have anything to verify it at this point.”

Fultz said at issue is how the National Crime Information Center database was used to check Rushton’s driving record before the traffic stop.

Records show that Ashland Police Chief Jim Birdsell used the system to run a check on Rushton’s name on May 4, two days before the traffic stop in Quincy. At the time Birdsell ran the check in Ashland, Rushton was in Quincy, Fultz said.

Records reviewed by the newspaper showed Birdsell ran the first check of Rushton’s name in NCIC at 9:04 p.m. May 4. Birdsell says he was acting on a tip when he told Illinois State Police that Rushton’s driver’s license might be suspended because of a DUI charge.

“Somebody told me he had gotten a DUI in Sangamon County,” Birdsell said. “Whenever I get that kind of information, I verify it before I act on it. The computer showed he was suspended, and because he was in Adams County out of my jurisdiction, I just passed it on to the state police.”

Rushton was arrested and charged with DUI and speeding after a traffic stop in Springfield on Oct. 18, 2009. The DUI charge was dismissed due to insufficient evidence at the request of the Sangamon County state’s attorney’s office on Nov. 6. Rushton pleaded guilty to speeding and paid $200 in fines and court costs.

A motion filed by Fultz to reinstate Rushton's driver’s license was granted Nov. 6, but the suspension was still listed in the system when Birdsell checked Rushton's name.

 

You should treat your driving record like your credit report.  Check it on a regular basis to make sure there aren’t any errors that could cause you to be arrested.