Chicago DUI attorney comments on keeping DUI checkpoint information away from the public

Wow!  Look what happens in the news when you are in court or otherwise going about your day.  You are so bombarded by celebrities hurling chairs or going to trial on theft charges, and the passing of a legend that I bet you miss when your representatives try to take away your right to know what’s going on.

From PCMag.com:

 Four Democratic senators on Tuesday penned a letter to Apple, Google, andResearch in Motion to urge the companies to remove apps that provide users with information about DUI checkpoints.

"With more than 10,000 Americans dying in drunk-driving crashes every year, providing access to applications that alert users to DUI checkpoints is harmful to public safety," according to the letter, which was signed by Sens. Harry Reid, Chuck Schumer, Frank Lautenberg, and Mark Udall.

The senators asked the companies to remove the apps, unless the app creators remove DUI or DWI checkpoint functionality.

"One application contains a database of DUI checkpoints updated in real-time. Another application, with more than 10 million users, also allows users to alert each other to DUI checkpoints in real time," they wrote. "Giving drunk drivers a free tool to evade checkpoints, putting innocent families and children at risk, is a matter of public concern."

Surely, it’s not only the drunk drivers using the app, is it?  Oh no, there's also that small bit about the Constitution requiring publication of these checkpoints, but I guess they are trying to avoid mentioning the law.

Chicago DUI attorney thinks you may want to stick to drinking those green shakes this holiday weekend

This Chicago DUI attorney will admit that she’s surprised that there will be DUI arrest today, tonight, and through the weekend.

The Loop is actually quiet and it is clear that many of my colleagues are taking today and tomorrow off from work.  As the saying goes, everyone’s Irish on St. Patrick’s Day!

From the Chicago Police Department:

The Chicago Police Department will conduct a Roadside Safety Check in the Near North

(018^th ) District at North Ave and Kingsbury.  The Roadside Safety Check will commence at 8:00 p.m. on Friday, March 18, 2011 and end at 4:00 a.m. on Saturday, March 19, 2011.

 An additional Roadside Safety Check will be conducted in the Calumet (005

th) District at 11800 S. Halsted.  The Roadside Safety Check will commence at 8:00 p.m. on Saturday, March 19, 2011 and end at 4:00 a.m. on Sunday, March 20, 2011.

Trust me the police will be out looking for driving violations starting now!

Chicago DUI attorney comments on new insurance legislation that doesn't pass muster

This Chicago DUI attorney has posted here about  driving without insurance.

Seriously, the things that get to the floor as possible new laws never cease to astonish me.

From HB3385:

Automobile insurance; denial of coverage to unlicensed drivers.  An insurer issuing a policy of automobile liability insurance listing a driver as insured shall not deny coverage to that driver for the sole reason that he or she lacks a valid drivers license, provided that such person was identified on the application for the policy as an unlicensed driver.  However, nothing in this Section shall prohibit an insurer from requesting or enforcing a named driver exclusion with respect to an unlicensed driver.

So what’s wrong with this you ask?  Well first, it means your insurance has to continue to cover the claim whenever you are involved in an accident with an uninsured motorist.  Yes, even if the other party was at fault for the accident.  Now before you get righteously indignant and start talking about suing the individual just take a deep breath and think.  What are the odds that the person who doesn’t have insurance has money to pay your damages when you sue them?  Yep.  You are probably looking at a judgment proof individual.

Another problem with this bill is it lets the insurer take money from the unlicensed driver for the premiums, giving the unlicensed driver the false belief that she’s covered, while at the same time, permitting the insurance company to exclude the unlicensed driver.  You don’t expect an individual to realize that the policy they are paying for excludes them or their spouse or their young adult son or daughter do you?

At the end of the day, there’s no reason for this bill to be written into law.  Why do taxpayers need to codify the insurance industry’s desire to take money from folks while not covering any claims made on the purchased policies?

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.