People wonder if Chicago is a party town. Apparently there was a party in the bus . . . as well as next to it. Somebody needs a great Chicago DUI lawyer fast.
Driver charged with DUI after SUV sideswipes "party bus" on Eisenhower
Wednesday, June 20, 2012
Thursday, May 10, 2012
Arrested for DUI. Lost Job. DUI Dismissed. Justice?
It happens. People get arrested for DUI and other criminal offenses every day. Many face the fear they'll lose their jobs over it. If their jobs are public enough, sometimes they even feel pressure to resign though they have a great criminal defense attorney, have every intention of fighting for themselves, and might actually not be guilty of the charges they face.
Consider the sad tale of one J. Randolph Babbitt. Yes, that Babbitt, the former head of the Federal Aviation Administration, who resigned in shame over his DUI arrest amid public outcry. UPI reports today that Mr. Babbitt's DUI was recently dismissed due a violation of Babbitt's Constitutional rights protecting him (and you) from unlawful arrest. The police must have probable cause to make an arrest for DUI, and in this case, the Judge did not see it.
Meanwhile, Mr. Babbitt is out of a job.
Justice?
Consider the sad tale of one J. Randolph Babbitt. Yes, that Babbitt, the former head of the Federal Aviation Administration, who resigned in shame over his DUI arrest amid public outcry. UPI reports today that Mr. Babbitt's DUI was recently dismissed due a violation of Babbitt's Constitutional rights protecting him (and you) from unlawful arrest. The police must have probable cause to make an arrest for DUI, and in this case, the Judge did not see it.
Meanwhile, Mr. Babbitt is out of a job.
Justice?
Friday, May 4, 2012
Gotta go on Cinco de Mayo? You might get arrested for DUI!
A recent study likened the impairing effects of need to use the facilities as similar to those exhibited when driving under the influence of alcohol.
Put aside for the moment the quality of that research and think about that.
Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.
Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!
Study says having to pee at the wheel is like driving drunk - MSN.com
Put aside for the moment the quality of that research and think about that.
Are you likely to drink and then afterwards drive this May 5 for Cinco de Mayo? That's legal as long as you haven't drunk to the point you're intoxicated, but even so, you might just need to hit the john before you get going, or risk your local Illinois police officer mistaking your little dance for evidence of a DUI.
Drive safe and smart, and remember to call Fagan, Fagan & Davis at (847) 635-8200 if you need help!
Study says having to pee at the wheel is like driving drunk - MSN.com
Thursday, April 26, 2012
Worried that people getting arrested for DUI just won't learn their lesson? Don't.
According to the Illinois Secretary of State 2012 DUI FactBook, 85% of all people arrested for DUI in Illinois in 2010 were first-time offenders. Also according to the report, 3,440 motorists resulted in revocations after their second offense, 866 for their third, and 436 for their fourth or later (a revocation only occurs after a conviction, and does so automatically). The overall number of DUI arrests has decreased annually from 2008 through 2010 as well.
Unless police simply aren't arresting as many people for some reason, it would appear that Illinois' efforts at preventing recidivism, or the tendency to re-offend, are largely effective.
In Illinois, motorists charged with DUI for the first time are generally eligible for a special one-time chance to dispose of their case via a sentence of Court Supervision. After a finding of guilty, whether after trial or plea of guilty, a defendant can avoid a conviction and jail as long as they comply with certain conditions. This is no free ride - there are significant fines, alcohol education classes and treatment are required, and a criminal record remains forever. The Court also requires a VIP or victim impact panel run by MADD, and can require significant community service, random alcohol testing and other conditions.
Consistent with the Secretary of State's previous reports on the issues I've written about, the cost of a DUI remains extremely high, and the Secretary of State still pegs the estimated cost of a first DUI at over $16,000.
Unless police simply aren't arresting as many people for some reason, it would appear that Illinois' efforts at preventing recidivism, or the tendency to re-offend, are largely effective.
In Illinois, motorists charged with DUI for the first time are generally eligible for a special one-time chance to dispose of their case via a sentence of Court Supervision. After a finding of guilty, whether after trial or plea of guilty, a defendant can avoid a conviction and jail as long as they comply with certain conditions. This is no free ride - there are significant fines, alcohol education classes and treatment are required, and a criminal record remains forever. The Court also requires a VIP or victim impact panel run by MADD, and can require significant community service, random alcohol testing and other conditions.
Consistent with the Secretary of State's previous reports on the issues I've written about, the cost of a DUI remains extremely high, and the Secretary of State still pegs the estimated cost of a first DUI at over $16,000.
Wednesday, April 4, 2012
Grayslake police chief charged with DUI - refused all testing. Wonder why?
The Grayslake Illinois police Chief was charged with drunk driving after a Wisconsin crash Friday. In a wise move that will be no surprise to anyone knowledgable about DUI law and enforcement, the Chief refused to submit to any field sobriety testing, refused medical treatment (which potentially includes blood and urine testing) and refused an evidentiary or forensic blood testing.
Why do this?
Naturally, people tend to think the police live by their famous motto of "To Protect and Serve," and that's certainly usually part of the mix. That said, in the matter of DUI, it's a bit more like "To Investigate and Arrest".
The tests aren't really a chance to prove you're not under the influence of alcohol. They're really to help support the officer's decision to arrest. And by the time you're doing the tests, most officers have already made that decision.
How do I know this? Let's take a short trip down Logic Lane.
One field sobriety test is the Heel-Toe or Walk-and-Turn test. "Failure" of this test occurs when any two "clues" are observed. Clues include things like leaving more than a one inch gap between feet, raising arms at any time more than 6" away from the body, stepping off an imaginary line. There are a total of 18 steps in either direction. So if on one out of eighteen steps, you leave a two inch gap between steps and also raise your arms 6.5" (in the officer's eagle-eyed estimation) you've failed, despite walking the other 17 steps just fine. In any school in the world, 17/18 is an "A", but not here.
Now you can begin to understand why the Chief, who of course knows all of this, refused testing.
Why do this?
Naturally, people tend to think the police live by their famous motto of "To Protect and Serve," and that's certainly usually part of the mix. That said, in the matter of DUI, it's a bit more like "To Investigate and Arrest".
The tests aren't really a chance to prove you're not under the influence of alcohol. They're really to help support the officer's decision to arrest. And by the time you're doing the tests, most officers have already made that decision.
How do I know this? Let's take a short trip down Logic Lane.
One field sobriety test is the Heel-Toe or Walk-and-Turn test. "Failure" of this test occurs when any two "clues" are observed. Clues include things like leaving more than a one inch gap between feet, raising arms at any time more than 6" away from the body, stepping off an imaginary line. There are a total of 18 steps in either direction. So if on one out of eighteen steps, you leave a two inch gap between steps and also raise your arms 6.5" (in the officer's eagle-eyed estimation) you've failed, despite walking the other 17 steps just fine. In any school in the world, 17/18 is an "A", but not here.
Now you can begin to understand why the Chief, who of course knows all of this, refused testing.
Monday, March 26, 2012
Thursday, February 23, 2012
Man bites dog: Woman with 0.295 breath test NOT charged with DUI in Illinois!
In a bizarre twist, according to the Chicago Sun-Times, a driver in an accident in Cook county, right around the corner from Chicago, Illinois, allegedly was found with a spent bottle of Patron, failed field sobriety tests, and then submitted to a breath test that showed a 0.295 breath alcohol level. For those who may have been living on Mars, that's a lot.
And then she was not charged with DUI.
The officer reportedly told the driver she was "getting a break." I have to agree - an Illinois DUI arrest means big trouble, including a minimum six month license suspension, criminal charges that carry penalties up to 364 days in jail and $2500 in fines plus court costs. As I've said here before, according to the Illinois Secretary of State, dealing with a DUI in Illinois costs around $15,000.00 when all is said and done. The Illinois Department of Transportation puts that number more at about $19,000.00.
So yes, while there may indeed be missing facts we don't have (maybe the officer saw the driver chugging the bottle of Patron while standing outside her car after the accident, or maybe she's in the Federal witness protection program?), it's fair to suggest this qualifies as "getting a break".
Most people aren't so lucky, and if you or your loved one is not "getting a break" on a DUI, criminal or traffic matter, don't hesitate to call and speak with me or one of my partners at Fagan, Fagan & Davis by calling 847-635-8200 now for a free consultation.
And then she was not charged with DUI.
The officer reportedly told the driver she was "getting a break." I have to agree - an Illinois DUI arrest means big trouble, including a minimum six month license suspension, criminal charges that carry penalties up to 364 days in jail and $2500 in fines plus court costs. As I've said here before, according to the Illinois Secretary of State, dealing with a DUI in Illinois costs around $15,000.00 when all is said and done. The Illinois Department of Transportation puts that number more at about $19,000.00.
So yes, while there may indeed be missing facts we don't have (maybe the officer saw the driver chugging the bottle of Patron while standing outside her car after the accident, or maybe she's in the Federal witness protection program?), it's fair to suggest this qualifies as "getting a break".
Most people aren't so lucky, and if you or your loved one is not "getting a break" on a DUI, criminal or traffic matter, don't hesitate to call and speak with me or one of my partners at Fagan, Fagan & Davis by calling 847-635-8200 now for a free consultation.
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