Friday, December 14, 2012

Santa and DUI

I have to admit that upon reading the headline, I thought this was going in a very different direction.

The excellent article linked to below discusses the use of alcohol detection devices in your automobile. These are issues you need to know about now. This is coming

Happy holidays from Fagan, Fagan & Davis!

http://www.myrtlebeachonline.com/2012/12/13/3220723/santas-dui.html

Tuesday, October 23, 2012

Carlton Fisk arrested for DUI in Illinois

Say it ain't so, Carlton! The ex-Chicago White Sox Hall of Famer was apparently asleep behind the wheel, off the road in a cornfield. He was transported to the hospital according to reports, and was disoriented. Police found an open bottle of alcohol in the car.

The catcher's DUI attorneys may have fertile ground to challenge many aspects of this case, and we'll be curious to see what develops.

Ex-Sox catcher Carlton Fisk arrested for DUI

Sunday, October 21, 2012

Miss Howard Stern DUI (not Mrs. Howard Stern, thank you)!

The formally crowned and currently reigning Miss Howard Stern, Andrea Ownbey, was arrested for DUI after an accident on October 8, and took a breath test revealing a 0.17 breath result.

No word yet on whether the Howard Stern show will rescind Miss Ownbey's title due to a conflict with their high moral standards. Ahem . . .

http://www.tmz.com/2012/10/19/miss-howard-stern-andrea-ownbey-arrested-dui-sirius-xm/#

Sunday, September 16, 2012

Don't drink and drive! 'Cause that's DUI. Really? No.

I'm going to say something about DUI law that might sound controversial. It isn't though - it just sounds that way. And that's because of the outrageous, emotionally exploitative mantra you've heard over and over. Say it with me . . .
DON'T DRINK AND DRIVE
. . . oh, didn't catch that one? Maybe you've heard . . .
YOU DRINK, YOU DRIVE, YOU LOSE

Of course, there have been other great variants. They do their job well. They are catchy, they drive home the idea that . . . wait, what idea do they drive home exactly?

I'll tell you. The idea they drive home is that if you've consumed any alcohol whatsoever, even if you are in no way affected by it, someone (someone angry in uniform with a gun) is coming to get you because society won't tolerate it.

That's the message, but that's going too far. The truth is that unless it is otherwise illegal for you to consume alcohol, drinking and driving is not DUI, and you shouldn't lose a thing. Drinking to the point that your judgement is affected, your coordination, your sense of timing, your reaction time . . . that's what's important. Why not just say that?

It's not catchy, is it?

Want to learn more? Watch the video:



Wednesday, August 22, 2012

Chicago DUI payout for false arrests - too little, too late?

Chicago was in a pickle. They had an officer, Richard Fiorito, who had been consistently accused of wrongful arrest by many different Defendants over a long period of time. As we've chronicled here before, this goes beyond Officer Fiorito alone (who has resigned his position as of this past December). To get out of this pickle, the city will have to pay $450,000 to two separate plaintiffs and their attorneys.

As a different approach, perhaps the money might be better spent in the future on better training in DUI enforcement and professionalism?

Chicago to pay of $450,000 to 2 drivers over false DUI charges

If you face prosecution for DUI in Chicago, don't automatically give up without a fight. Call us for a free consultation at 847-635-8200.

How long is your Illinois Driver's License Suspension if this IS NOT your first DUI?

A police officer arrests you for DUI in Illinois. After the officer has formed the belief you have been driving under the influence of alcohol, cannabis (marijuana), methamphetamine or some other intoxicating substance, he seems to be under the impression you can understand it if he reads you a bunch of legalese about driver's license suspensions. He refuses to explain any of it "sorry bro, I can't" and hands you a stack of papers.

Later, you realize . . . this means trouble.

Your drivers license is going to be suspended. But you've had a DUI before - so for how long is this suspension supposed to be?

Watch and learn, then call us.


Tuesday, August 21, 2012

Skokie has DUI Roadblocks scheduled for Labor day

Many municipalities will have DUI roadblocks, known in Illinois as Roadside Safety Checks (but we know what they are, don't we?), and we'll post what know about here.

For now, know that the Skokie police department will be out in force making DUI arrests on the following dates, times and locations.
  • Friday, Aug. 24 – 25, 2012, 11:15 p.m. – 3:15 a.m., 5005 Dempster St., Skokie IL
  • Sunday, Sept. 02 – 03, 2012, 11:15 p.m. – 3:15 a.m., 5200 Touhy Ave, Skokie IL
DUI Roadblock arrests are valid in Illinois if the police follow the rules, but absolutely can be defended by experienced DUI lawyers, so if you find yourself in a pickle as a result of one of these "show me your papers" stops, call us at Fagan, Fagan & Davis at 847-635-8200, and we'll be happy to discuss your defense.

Here's the original publication in Skokie's "Patch" -

Seat Belt, DUI Checkpoints Scheduled for Labor Day Weekend