Chicago DUI Attorney Comments on an Offer for Dinner-- No It's Not a Client

“I tell you what, if he comes back with a valid license on the next court date, I’ll buy you a nice vegetarian dinner”.  Wow!  I thought to myself.  It’s not every day that even the government is jaded by the ability of the accused to right the ship.  Change Course.  Plot a new path.  Ask for the Mulligan, in other words begin again.

The accused has numerous charges for driving without a valid driver’s license simply because he never bothered to pay a reinstatement fee to the Secretary of State.  That’s right, failure to pay a reinstatement fee (that’s the only reason for the suspension) is enough to land you in the county jail for almost a year and or court fees of up to $2500.

Does that make any sense to you?

Dear Government Prosecutor,

Here’s a list of some of my favorite vegetarian friendly places for that dinner.

Great Lake

Lula

Nightwood

Green Zebra

Sun Wah

Mana

Prairie Fire

Old Town Social

Avec

Blackbird

My client has assured me that your offer of dinner for me is worth it to him.  He will comply.  He will start again with a valid driver's license.

Yours truly,

Chicago DUI Attorney Comments on DUI and Graduation

This Chicago DUI attorney has commented here on the additional challenges of being under 21 and charged with a DUI.  I know that prom season has just ended and graduation and parties to celebrate are upon us.  It also can brings tragedy.

When I was growing up in South Carolina, every year seniors would die in some alcohol-related death.  Back then the drinking age was eighteen and most seniors were eighteen.  

Times have changed.  Now the legal drinking age is 21.  Times remain the same, seniors graduate from high school and celebrate with alcohol and other drugs. Tragedy occurs.

A couple of weeks ago a friend posted this story on her Facebook Wall and it brought tears to my eyes:

Still, you don’t want to ruin your life before your adulthood begins.  You don’t want me to have to defend you in a case where you are charged with a DUI.  The stakes are considerably higher when you are under 21.

Chicago DUI Attorney Comments on Subsequent DUI Charges and Court Behavior

This Chicago DUI attorney has posted here  about people charged more than once with a DUI, still it never fails to surprise her when people charged with this offense come to court smelling of alcohol, never mind actually being drunk.

From chicagobreakingnews.com:

An Elgin woman charged with DUI six times had her bail revoked this week after police say she came to court intoxicated.

Authorities say 54-year-old Sandra Uher had been free on $100,000 when she was taken into custody.

 During her most recent DUI arrest in March, police say Uher failed a field sobriety test and had a preliminary blood-alcohol content of .30, nearly four times the legal limit for drivers.

She was also driving on a revoked license.

The good news is the judge realized her problem is more than a criminal one, she needs help, so she was taken to the medical facilities at the jail.

Chicago DUI Attorney Comments on Your Duty, as a Social Host, to Prevent a DUI

This Chicago DUI attorney has posted here and here about being held responsible for a DUI when you weren’t drinking or driving.  No, not a criminal charge, but when you get sued for someone consuming alcohol on your property, and you didn’t serve it to them.  The Illinois Supreme Court has drawn a line in the sand for host liability.

 From Bell v. Hutsell, Docket No. 110724:

 This case arises out of the death of Daniel Bell, age 18, who died in a single-car accident after he had allegedly consumed alcoholic beverages at the residence of defendants in the course of a party organized and hosted by the defendants’ son, Jonathan. Plaintiff’s second amended complaint implicitly acknowledges that the defendants did not provide alcohol for underage consumption, and in fact alleges that defendants informed Jonathan both that alcohol consumption would not be tolerated and that they would monitor the party to see that underage partygoers did not possess or imbibe alcoholic beverages. Plaintiff alleges, however, that the Hutsells were aware of underage consumption on their premises at prior parties; that their son, Jonathan, had previously pled guilty to underage consumption; that alcohol was brought to the party in question and underage guests drank, excessively, with the Hutsells’ knowledge—in some instances in their presence—without objection or consequence; and that Jerry Hutsell “on multiple occasions spoke to a number of underage partygoers who had been drinking alcohol and requested that if they had been drinking at the party not to drive a vehicle when leaving.” The complaint states that Daniel Bell drank alcohol “in full and open view of the defendants,”and that he later walked to his car, “began driving,” and “crashed his car into a tree,” resulting in his death.

Do you think you should be held liable for an adult, albeit an underage adult but an adult nonetheless, drinking and driving?

More from Bell v. Hutsell:

 We note that the facts alleged in this case bear little similarity to those this court addressed in Wakulich and Simmons v. Homatas, 236 Ill. 2d 459 (2010) (employees of club ejected highly intoxicated individual, placed him in his vehicle, and directed him to drive away), both of which were discussed in the parties’ briefs to a greater or lesser extent for diverse reasons. In those cases, this court applied Restatement principles, as we have done here. However, in each of those cases defendants’ affirmative conduct, amounting to an assertion of control over an inebriated and significantly impaired person, increased the risk of harm to that person and/or created a risk of harm to others. Thus, different considerations applied. Here, where defendants owed Daniel no duty to prohibit his voluntary possession or consumption of alcohol, and took no action to do so pursuant to their verbalized intent, which was communicated only to their son, we have a case of true nonfeasance. We think the facts and analysis of this case point up the continuing significance of a distinction between malfeasance and nonfeasance.

The Illinois Supreme Court didn’t think so either.  Still, you don't want to have to defend yourself in a case like this do you?

Chicago DUI Attorney Predicts a DUI Arrest (Including the Date and Location)

This Chicago DUI attorney is willing to wager that someone will be arrested, for a DUI tonight (or maybe early tomorrow morning) around the 2400 south block of Ashland.

From Chicagopolice.org:

 The Chicago Police Department will conduct a Roadside Safety Check in the Monroe(012th) District at 2451 S. Ashland.  The Roadside Safety Check will commence at 8:00 p.m. on Friday, June 3, 2011 and end at 4:00 a.m. on Saturday, June 4, 2011.

 During roadside checks, police officers slow down traffic, stop cars at regular intervals and watch for drivers who show signs of alcohol impairment and other violations as noted below.

“The program is designated to apprehend drivers who are operating vehicles while under the influence of alcohol or drugs,” said Acting Superintendent, Garry F. McCarthy. “It also offers an opportunity to issue citations to drivers who are otherwise a hazard to themselves and others on the public way.”

A warm summer weekend is in the forecast.  Yes, I’ve already spotted my first drinking and riding (bicycle) suspect earlier this week.  No he didn’t get charged, but I am confident that if he was in a car, even a parked car just sitting there list, he would be a prime suspect for a DUI charge.

Chicago DUI Attorney Comments on Three Strikes, No Not the Cubs

This Chicago DUI attorney has posted on the perils of being charged with a DUI here and here.  She’s even posted here about the consequences for subsequent offenders.  Still she’s a bit surprised at the three strikes and you are out mentality being used by some judges.

May 31, Urbana, Il:

  A Champaign man with a long history of felony convictions was sentenced Tuesday to 25 years in prison for his third driving under the influence conviction.

Kenneth Dalton, 43, who listed an address in the 2600 block of Campbell Drive, was convicted by a Champaign County jury in April of driving while drunk in Savoy on Dec. 24, 2010.

Assistant State's Attorney Andrea Bergstrom said a Champaign County sheriff's deputy stopped Dalton for speeding on U.S. 45 near Church Street. He smelled of alcohol, had bloodshot and glassy eyes, and an open 24-ounce beer can in his vehicle.

On field sobriety tests, he showed signs of impairment and urinated on himself while trying to perform the tasks. He refused to submit to chemical testing, Bergstrom said.

25 years for a non-violent offense with no accident and no chemical test results.  You know who will pay for every meal and the health care he receives for the next twenty-five years don’t you?

Chicago DUI Attorney Thinks You Should Slow Down

It’s a beautiful sunny day in Chicago.  It’s a perfect day for hopping on your motorcycle or putting the top down on your car and going for a ride.  There’s a problem, and I don’t mean the cost of gas at the pump.  The problem stems from how quickly the speed limit can change when you are on the expressways or Lake Shore Drive.

Yes.  You know you could get a ticket for speeding, but you know darn well that other guy in the Benz is driving way faster than you.  Perhaps you were just going with the flow of traffic; trust me everyone speeds, so if you are keeping up with traffic you are speeding.  So how fast is too fast? This Chicago DUI attorney has posted the answer here and here.  But you can cheat and read below for the answer.

A mere 30 miles over the speed limit is enough to land you in jail for six months.  No, you don’t have to have a bad driving record to land in jail.  No, there doesn’t have to be an accident, just speeding this high is enough.

So what happens if you are going more than 40 miles over the speed limit?  You can face up to a year in jail, $2500 in fines, and you can’t get court supervision.  It’s a conviction that will be reported to the Secretary of State.

Trust me, on a day like to day, 30 to 40 miles above the speed limit won’t feel that fast.  Certainly not fast enough to land you in jail.