Chicago DUI Attorney Comments on Injuries from Accidents

This Chicago DUI attorney understands that being hurt by someone accused of a DUI would make any injured party want to have the “book thrown” at the offending party.  The maximum sentence won’t ever suffice.

June 29, Norfolk, VA:

 After an emotional weeklong trial, a jury acquitted a driver in a single-car wreck of three drunken-driving offenses that left two passengers dead, a third maimed and a fourth injured.

Richard Freeman, an enlisted Navy sailor, was found not guilty Tuesday on two counts of aggravated involuntary manslaughter and a single count of maiming in the fiery 2009 wreck on Granby Street. The jury took two days to reach a verdict.

Freeman testified that his back-seat passengers distracted him and caused him to slam his BMW into a tree in the median across from Bon Secours DePaul Medical Center.

A prosecution witness testified that Freeman's blood alcohol content was at least 0.10 after the crash, exceeding the state's legal limit for driving.

Outside the courthouse after Tuesday's verdict, family members of the victims cursed and confronted defense attorney Andrew Sacks.

"We came out of this with no children and no justice," said Trent Richardson, father of victim Cameron Richardson.

From the suntimes.com:

 

 15-year-old girl has been ticketed for improper lane usage in the June 21 crash that killed a Gurnee teen and her cancer-stricken dog, Lake County authorities said Wednesday.

Taylor Mae Stinchcomb, 15, and her pet Doberman, Romulus, died when the van in which they were riding veered off Almond Road, then hit a tree and utility pole in rural Lake County near Wildwood.

Taylor had taken the dog and her family’s 2003 Dodge minivan after learning that her family was considering putting down Romulus because he had cancer, investigators said.

Taylor later picked up a friend, whom authorities said was at the wheel when the van crashed about 12:45 a.m.

Citing her age, Lake County sheriff’s police declined to identify the teen ticketed

Do you feel the same way if the accident occurs and there’s no alcohol involved?

Chicago DUI Attorney Wants to Know if You Think The Government Should Keep Tabs on Your Dismissed Charges?

This Chicago DUI Attorney has posted here and here about the inability to legislate for good behavior, now a tragedy has struck and the government wants to extend its use of information, namely charges that are dismissed.

June 29, Chicago, IL:

 

The Illinois Secretary of State oversees drivers licenses for Illinois motorists, but is not notified of all tickets issued in the state.

On Monday, a cab struck and killed a pedestrian in Chicago's Streeterville neighborhood. The cab, Yao Ofori, driver had more than 30 traffic citations in Cook County, but only two of those showed up in Ofori's driving record at the Illinois Secretary of State due to various laws.

"It's based on the offense table that is set for by the state of Illinois through the administrative office of Illinois courts. They give us a table and we correspond what is reportable and not reportable to the state," said Enza Raineri, Office of the Clerk of the Circuit Court.

Some of Ofori's traffic citations were dismissed or not pursued. For instance, in 2007, Ofori was driving when his cab hit a pedestrian. That ticket -- failure to yield -- was dismissed and not reported to the secretary of state.

The two moving violations in the secretary of state records were improper turn (2007) and improper lane usage (2010).

Yes, a tragedy occurred, but are we going to take driving privileges away from people who were charged, but the charges were dismissed?

Chicago DUI Attorney Says, "Ka-Ching" for the Government

This Chicago DUI attorney posted here and here about the increase in fines.  You guessed it, fines have been raised again.  This time it’s for the minor traffic tickets, the type that won’t land you in jail or give you criminal background.

The other day I heard it. $0 fine in exchange for a plea of guilty, but with the fees the total would be $300!  Yes you read that right.

Here’s a Run Down:

Guilty finding/verdict $130 fees, in addition to the fine

Court Supervision $159-165 in fees, in addition to the fine

 

• Quasi- Criminal Fee $30

• Supervision Fee $29

• Court Security Services Fee $25

• State Police Operations Fee $15

• Court Automation Fee $15

• Court Document Storage Fee $15

• Mental Health Fee $10

• Supervision Fee $6 (unless waived)

• Court System Fee $5

• Electronic Citation Fee $5

• Drug Court Fee $5

• Youth Diversion Fee $5

Do you think those are enough reasons to avoid being charged with a traffic offense, even a minor one?

Chicago DUI Attorney Wants to Hear Your Thoughts on the New Seat Belt Law, for Adults in the Back Seat

This Chicago DUI attorney thinks more nominal probable cause for a traffic stop has just been signed into law by Governor Quinn.

From now on, you must monitor your passengers in the back seat, even if they are adults, in order to avoid being stopped by the police.

June 27, Chicago, Il:

 Back seat passengers will now be required to wear seat belts in Illinois under a measure signed into law today.

 The move strengthens the state's current seat belt laws, which require passengers in the front seat and anyone under the age of 19 to wear safety belts. Police will be able to stop vehicles if they notice a passenger isn’t strapped in. 

Exemptions include those riding in taxis or emergency vehicles such as police cars and ambulances.

Seriously, how many of you think this is the work you sent your legislators down to Springfield to do?

Chicago DUI Attorney Comments on Boating Under the Influence and Your Driver's License

This Chicago DUI attorney knows today is perfect in the city.  The sun is shining.  It is neither too hot nor too cold.  You could spend today along the lakefront and use the waterways to get to the big party on the north side for Pride or downtown for the Taste.  Still, you need to be careful if you are partying on the waterways, especially in a boat.

June 26, Chicago, Il:

 

As the summer boating season enters full swing, states are moving to curtail a peril on the water — boating while intoxicated.

Alcohol is the leading contributing factor in fatal boating accidents involving the nation’s 12.4 million registered boats, the U.S. Coast Guard said. There were 126 fatalities and 293 injuries in 330 alcohol-related boating accidents across the country in 2010.

In Illinois, the Department of Natural Resources Conservation Police arrested 12 boaters for operating under the influence over the Memorial Day holiday.

 For a first offense, punishment can include up to six months in jail and a $2,500 fine; second offenses can carry one to three years in jail and a $25,000 fine, department spokeswoman Stacey Solano said.

It also subjects you to a suspension of your driver’s license.  That’s right a charge of boating under the influence can get your privileges to drive your car taken away while the case is pending.  Just like on land, a designated “Captain” is important when boating on a glorious day like today.

Chicago DUI Attorney Wants You to Know Your Background Is Important

This Chicago DUI attorney has represented people who think the past just stays in the past and has no impact on  a current matter.  That's wrong.  If you have prior traffic or criminal background it impacts you throughout the case from the very beginning when a prosecutor  decides whether the case will proceed or be dismissed to whether the charge will be enhanced or downgraded or even right out of the gate when a bond is suggested by the prosecutor that determines whether you get to be outside of jail or inside of jail while the charges against you are pending.

June 17, St. Charles, IL:

As WBBM Newsradio 780’s Nancy Harty reports, Paul Woodard and the assistant public defender representing him were hoping to get his $20,000 bond cut in half so he could get out of the Kane County Jail.

Instead, a judge raised it to $75,000 after prosecutors detailed Woodard’s lengthy history of driving illegally and other criminal convictions.

Whitfield, who sought an increase to $150,000, argued that raising the bond was

          necessary for the protection of the public. In this case, the aggravated driving with a   

revoked license is a Class 2 felony because of the number of previous convictions,

           Whitfield said.

During a Thursday hearing, Woodard’s assistant public defender asked to have the bail reduced to $10,000 because, arguing that the amount was excessive. But Assistant State’s Attorney Andrew Whitfield told Judge Marmarie Kostelny that Woodard had 25 other arrests for driving revoked since 1999. Those arrests occurred around the Chicago area.

Your prior background matters and you really should share it with your attorney so that your attorney can make the best determination on how best to assist you.

Chicago DUI Attorney Comments on DUI Arrests

This Chicago DUI attorney has posted here and here about the Alliance Against Intoxicated Motorists (AAIM) Top DUI Cop lists.  Now the focus has shifted away from the individual officers making arrests to the number of arrests made by city by city.

From aaim1.org:

The most significant deterrents to impaired driving are law enforcement and DUI arrests.  The Alliance Against Intoxicated Motorists (AAIM) is pleased to release the results of our 21st Annual DUI Arrest Survey.
The biggest increase in arrests among the top departments was in East Peoria where DUI arrests jumped by 131.0% in 2010 compared to 2009.  According to Chief Ed Papis, “Our police department is proud to have made a notable contribution to saving lives on our roadways.  Whether they live here or are driving through town, we want everyone to know that in East Peoria we do arrest drunk drivers.”  Other municipalities with large increases from 2009 to 2010 are Chicago Heights (81.1%), Fox Lake (69.0%), Pekin (29.9%) and Springfield (19.2%).
Chicago police made 14.9 % fewer arrests in 2010 (3,695) than in 2009 (4,341), while Illinois State Police arrests increased by 7.4% in 2010 (10,734) compared to 2009 (9,996).  The sheriff’s department reporting the most DUI arrests was Cook County (515), while Lake (393), DeKalb (327), Will (267) and St. Clair (253) Counties round out the top five sheriff departments.
 Illinois State Police Trooper Daniel S. Erickson was Illinois’ Top Cop with 206 DUI arrests.  AAIM also commends the life-saving efforts of Chicago Police Officer Timothy Walter who arrested 180 drunk drivers.  “When police chiefs make it a priority to get impaired drivers off the roads, lots of arrests are made.  There are several individual officers making more DUI arrests per year than many entire police departments in Illinois.

Does anyone else think its odd that AAIM cites law enforcement and actual arrests for DUI are significant deterrents to impaired driving?