Just last week, a driver in the South Loop was cited with a DUI after he allegedly collided with a police squad vehicle. The police car was reportedly driving north last Friday night on Clark Street when it crashed into a Lexus at 18th street. No one was injured in the crash, and a Chicago Tribune report does not say what led the police to believe the driver of the Lexus had been drinking.
]]> The 37-year-old driver was nonetheless cited for driving under the influence and failure to yield while making a left turn. If convicted of these things, there could be serious consequences affecting this man's ability to maintain his driver's license. Records of DUI can also affect employment opportunities, among other things.When people are arrested for DUI, they have often failed a breath test or a field-sobriety test. It is important for Illinois drivers to know that these tests do have a level of subjectivity and they are not 100 percent accurate. In some cases, it is possible to challenge the results of such tests and arrive at the best possible outcome in a given DUI case.
Source: Chicago Tribune, "Driver cited for DUI after colliding with police car," May 11, 2012
]]>Just this week, a Lake County judge threw out the Breathalyzer test results in the DUI case of the younger son of former Chicago Bears Coach Mike Ditka. The test, which registered at twice the legal blood-alcohol content limit, may have been tainted by chewing tobacco.
]]> Mark Ditka was reportedly chewing citrus-flavored chewing tobacco just before he took the Breathalyzer test. Mark Ditka refused to take a blood-alcohol test after the arrest at the Deerfield Police Department, according to a news report.Mark Ditka was reportedly pulled over by police back in September because of a missing front license plate. The arresting officer noted that Ditka appeared impaired, although he admitted that Ditka had not been driving erratically.
Oddly, the same officer who arrested Mark Ditka also arrested his older brother Michael Ditka on DUI charges in April 2011. The felony charges against Michael Ditka were dropped in March when a judge agreed with his defense that there was no probable cause to arrest Michael Ditka.
While some members of the Chicago area public may say that the Ditka brothers are seeing these results in court because of a family celebrity status, this is not the case. In the DUI cases of any Illinois residents, DUI defense attorneys can and do often point out issues in the evidence that results in that evidence being thrown out, or even in the case being dismissed entirely.
The case will continue in court on June 13.
Source: Deerfield Patch, "Ditka DUI Evidence Tossed," May 11, 2012
]]>One Chicago teen learned just what kind of affect large quantities of alcohol can have on a growing body after she came home and bit the family dog during a state of confusion.
]]> A neighbor of the 19-year-old girl called the police at approximately 4 in the morning when she heard screaming coming from the home. When police responded to the disturbance, they found the mother, the daughter and the family dog in a state of disarray.According to police reports, the teen had come home in the early morning hours with alcohol on her breath. When the girl's mother confronted her about her choices, the teen girl became visibly upset. The argument intensified and turned into a scuffle in which the daughter bit the mother and the English bulldog.
Police arrested the teenage girl and charged her with domestic battery, animal cruelty and underage drinking. She was taken into custody but later released on $3,000 bond. Her first appearance in court is scheduled for May 23.
There are some parts about this story that are extreme, but the situation is in fact not that rare. Many teens experience with alcohol, come home after curfew and get into arguments with their parents when they are scolded, but should these mistakes end with criminal charges that could affect their college applications, job prospects or other aspects of their future? Children need to learn from their mistakes, but fighting charges such as these can ensure that these mistakes do not affect the course of their future.
Source: cbs news, "Teen bites dog: You think we're making it up?" May 1, 2012
]]>Even what seems like hard, scientific evidence can turn out to be quite flawed. The Colorado Department of Health is currently reviewing more than 1,700 blood alcohol test samples after it came to light that an employee may have made mistakes in many drunk driving cases. The fact is that although these tests are scientific, human error can be introduced-and even if not, they may not be 100 percent accurate.
]]> According to the state's health department, an independent test revealed that a certain lab employee misreported the results of several blood alcohol level tests. The findings have called into question the reliability of many of the blood alcohol tests that the state has received from the health department. Scientists and lab technicians are putting in night and weekend hours in order to retest the samples in question, according to CBS News.Ten of the first 250 samples have so far proven to have been reported incorrectly. While the health department is not aware whether the employee, who has since been fired, was making the mistakes on accident or on purpose, the investigation demonstrates the importance of questioning such DUI evidence.
Source: CBS Denver, "Samples From DUI Cases Being Re-Tested," April 20, 2012
]]>Recently, a woman was charged with DUI after being involved in a fatal accident in Warren County, Illinois. That charge was eventually dropped after Warren County's state attorney said the state simply had no viable evidence to proceed with the charge. The only charge that was upheld was a seat belt violation.
]]> The woman was involved in a single-vehicle accident on U.S. 67 in October. An occupant in the vehicle was killed in the crash, and the woman who was assumed to be driving was charged with a DUI. Both women were ejected from the vehicle, and according to a news report there is no definitive evidence about who was behind the wheel at the time of the accident.The county's state attorney has now said that the DUI charge could have been the result of a miscommunication. The woman's blood alcohol test, administered at a hospital after the accident, showed a .003 blood alcohol content. This is significantly below the .08 threshold. A blood test administered by police revealed no alcohol in her blood at all. There are questions about the reliability of these tests, however, because the woman bled for some time before being tested.
There were reportedly no witnesses to the accident. And although police are aware that the two women were at a bar before the accident, there is no evidence proving that either was unfit to be behind the wheel. In fact, the county's state attorney said he cannot even definitively say if any sort of reckless driving was involved--as there could have been an external factor, such as a deer crossing the road, which caused the fatal accident.
When a fatal accident occurs, people of course want answers and justice. However, in the U.S. justice system, a case cannot exist independent of evidence. As the county's state attorney has said, there is simply not enough information available to even suggest that criminal activity of any kind contributed to this tragic accident.
Source: Galesburg.com, "Warren County DUI charge dropped in fatal crash," Marty Touchette, April 10, 2012
]]>This week, a very high-profile DUI case came to a close when former Miss USA Rima Fakih pleaded no contest to driving while visibly impaired late last year. Fakih was arrested in Michigan this December for reportedly driving somewhat erratically. Police found an uncorked bottle of champagne in the car, and her Breathalyzer test registered at twice the legal limit.
]]> A no contest plea does not admit guilt, but it allows the judge to treat the defendant as guilty during sentencing. Fakih's no contest plea was a part of a plea deal, which allowed her to avoid a much more serious charge of operating while intoxicated. Charges of open intoxicants, a misdemeanor, and careless driving, a civil infraction, were also dismissed as part of the deal.According to news reports, she will be sentenced in May. Her lawyer believes that she will not be given any jail time but will rather be placed on probation, according to news reports. It is not clear whether this may also involve some sort of driver's license suspension.
Fakih, who became the first Arab American to be crowned Miss USA in 2010, has said she is happy the case is wrapping up and that she will learn from her mistakes.
Source: Radar Online, "Former Miss USA Rima Fakih Reaches Plea Deal In DUI Case," Debbie Emery, April 11, 2012
]]>Using Breathalyzers to detect underage drinking at prom is a growing trend across the nation. School officials see the practice as a way to deter students from drinking before they head to prom. At some schools, students seem to support the measure and sometimes student councils approve the idea. At others, students feel they are being treated like criminals during what is supposed to be a memorable evening.
]]> While it is certainly important for students to get to and from school dances safely and to be encouraged to act responsibly, it is important for schools to ensure that inviting Breathalyzers to the dance is wise. At one Wisconsin school, the local police department is loaning the breath test equipment to the schools. It is not clear if school officials or the police department will actually administer the test, but it is very important that those who utilize Breathalyzers are properly trained.Even when administered properly, readings are not always accurate. Just as this can cause major problems for someone wrongly charged with DUI, it can certainly be devastating to a student at prom.
Alcohol-related charges can have a very serious and long-term impact on a young person's future. Those who face underage drinking charges often benefit from consulting an attorney who practices underage drinking defense. An aggressive and experienced defense attorney can fight charges that were brought unjustly, as well as explore opportunities for dismissal or lesser charges that can be expunged from a criminal record.
Source: CBS58.com, "Breathalyzer at Prom," Michele McCormack, March 29, 2012
]]>The research program hopes to discover whether it is wise to mandate automakers to include Breathalyzer-type technology as standard equipment in cars. Some states of course already require people who have been convicted of drunk driving to have blood-alcohol interlock devices installed into their cars--but these new devices could apply to everybody.
]]> The idea, of course, has both critics and proponents. The American Beverage Institute has complained that the devices will detect alcohol below the legal limit, meaning that those who drink moderately while out at a restaurant will not be able to drive home. Additionally, like police administered breath tests, these devices will sometimes take inaccurate readings and detect alcohol on a sober person, rendering him or her unable to start a vehicle.The American Beverage Institute does appear to have a point. A representative from the research organization has said that the device will sometimes read alcohol content on sober drivers. In fact, the devices are expected to be accurate about 99.9 percent of the time, according to the ABI. While this sounds pretty good at first, this means about 4,000 drivers every single day could have to deal with an ignition malfunction.
Proponents argue simply that it is best to do whatever possible to keep drunk drivers off the road, even if that means unintentionally keeping some sober drivers off the road as well. Others still are on the fence, waiting for the research to be completed in order to decide whether or not to reject the drunk driving interlock concept.
Source: LA Times, "Should future cars curb drunk drivers?" Dan Turner, March 28, 2012
]]>The same is true in many states, as this idea dates back to English parliamentary law of the 1800s, which was actually designed to avoid having lawmakers jailed for passing laws that the king did not like. However, times have certainly changed and many states are looking to get rid of this privilege that may put lawmakers above some of the very DUI laws and penalties that they themselves write.
]]> In Illinois, the legislative immunity clause reads: "Except in cases of treason, felony or breach of peace, a member shall be privileged from arrest going to, during, and returning from sessions of the General Assembly."In Minnesota, a group of college students have written a bill that was considered by a senate committee this week. The bill would call drunk driving a "breach of the peace" and thus take away the offender's immunity in Minnesota.
Arizona is also considering reforming its legislative immunity laws--having been sparked to do so after a legislator tried to get out of a domestic violence arrest last year. Georgia has tried to repeal its immunity laws years ago but efforts were unsuccessful.
In most states that have legislative immunity, the law does not explicitly allow lawmakers to avoid criminal charges but it can allow them to avoid arrest. A judge will generally have to accept the immunity argument in court.
Source: Star Tribune, "Is it last call for Minn. legislators' free ride on DWIs?" Rachel E. Stassen-Berger, March 22, 2012
]]>About 100 roadside safety checks are in place around Illinois, as well as 500 safety belt enforcement zones. The increase in DUI patrols has been in effect all week, but efforts will be ramped up even more Saturday through Tuesday.
]]> The CTA is going to operate longer trains to accommodate people who are going to the St. Patrick's Day parade in Grant Park Saturday. According to news reports, longer trains will operate on the Blue and Brown lines from 9 a.m. to 6 p.m. and on the Orange and Green lines from 9 a.m. to 4:30 p.m.The penalties for DUI convictions are generally very severe--including anything from fines to jail time to the loss of your driver's license. For these reasons, it is very important for those who have been charged with driving under the influence to contact a reputable DUI criminal defense attorney.
Oftentimes, people who are charged with DUIs think that they have no choice but to deal with a conviction. This is not the case as there are often inconsistencies within the police evidence, such as the results of the field sobriety test or breath test. In some cases, the police or the prosecution failed to follow proper legal procedure in which case a defense attorney can seek to have the charges reduced or dropped.
Enlisting skilled legal counsel helps to ensure the best possible outcome in a DUI case.
Source: WLS 890 AM, "Police ready for holiday, DUI drivers," Sean Locke, March 15, 2012
]]>Breath tests are notorious for being unreliable. Experienced DUI defense lawyers often first question whether there was probable cause for the traffic stop, and then whether the breath test results are accurate. Things to review include whether the breath test machine was calibrated properly and whether the software was set up correctly. Things as simple as chewing gum or debris from a car accident have been known to throw off breath test results.
]]> Washington, D.C., recently acknowledged problems with its Breathalyzers and actually took them out of the field--this marks the second time D.C. authorities have dealt with this issue in a two-year period.The Breathalyzer tests were taken out of police service after a city contract worker discovered that the machines were not properly correctly calibrated and were thus coming up with improper results. The news spurred the Attorney's General's office to review several hundred DUI cases.
Now, Washington, D.C., is relying solely on field-sobriety and urine tests. However, D.C.'s chief toxicologist has said that urine samples are even less effective than breath samples.
D.C. is currently working to find and implement a new Breathalyzer system.
Those in Illinois who find themselves facing DUI charges are often wise to study their criminal defense options, as even evidence that seems scientific like Breathalyzer results are not always sound.
Source: MyFox DC, "DC Attorney General Says DC Having Trouble Prosecuting DWI Drivers," Paul Wagner, March 2, 2012
]]>DUI charges are sometimes dismissed due to evidentiary issues pointed out by legal professionals. Late last week, the felony DUI case against Michael Ditka, son of the former Chicago Bears coach of the same name, was dropped. The judge granted Ditka's defense motion, which asked for a dismissal due to probable cause issues.
]]> While many might assume that the charges against Ditka were dropped because of some sort of celebrity-status or relation, this does not appear to be the case at all. He simply had a defense attorney who was able to argue that this DUI case was not handled correctly under Illinois law.Ditka, 50, was arrested in April in the parking lot of a Deerfield, Illinois, strip mall. An officer apparently thought that Ditka appeared to be intoxicated and arrested him even though his keys were not in the ignition.
A judge granted the motion, saying that there was no reasonable suspicion to even charge Ditka.
Oftentimes, DUI attorneys are able to call evidentiary issues to the attention of a judge. If the arresting officers did not do their jobs properly, there is typically cause to dismiss the charges. Furthermore, if a defendant's rights were violated at any time during the arrest or investigation, a skilled defense will make moves to have the charges reduced or dismissed.
Source: Deerfield Sun Times, "Michael Ditka DUI charges dropped," Beth Kramer, Feb. 24, 2012
]]>The court said that driving on the shoulder was not enough evidence, on its own, to justify the stop and DUI investigation. The police say that they administered an eye-gaze test and smelled alcohol, but that the judge refused to submit to a field sobriety test or blood-alcohol testing. His license was briefly suspended for a failure to submit to the tests but was reinstated later.
]]> The accuracy of field sobriety tests and blood-alcohol testing is disputed and failed tests may lead to a false conviction. Attorneys for the accused judge said that he was chewing tobacco at the time of the stop, and that police may have mistaken that odor for the smell of alcohol.After the ruling by the court, the prosecutor's office had to drop the charges against the judge.
This case is a good example of someone knowing their rights when they were stopped by the police, and making informed decisions about how to react to accusations. Many people are not aware that they have the option of refusing to submit to tests or what the outcome might be if they decide to do so. Attorneys who practice DUI defense law can offer specific advice for people accused of an offense.
Source: Chicago Tribune, "DUI charges dropped against judge," Christy Gutowski, Feb. 15, 2012.
]]>The driver who allegedly caused the crash may face harsher penalties as a result of his driving history. Drivers with a history of traffic violations who are charged with a DUI may be in danger of getting their license revoked. It's important to be aware of all the possible outcomes of your case if you are in this situation.
]]> The driver remains in the hospital and will be in police custody until he has an opportunity to post bail, according to the state police. Aside from the circumstances of the accident, there is no other information available about why the police have accused the driver of driving under the influence.Skilled attorneys can help people accused of a DUI get the best possible outcome. The rules of police conduct and guidelines for admissible evidence are complex and may be difficult to navigate for someone without experience in DUI law. Even for someone who knows the basics, an attorney can be a dedicated advocate and allow a DUI defendant to focus on the other important things going on in their life.
Source: Chicago Tribune, "DUI charges for wrong-way driver after collision on Stevenson ramp," Feb. 3, 2012.
]]>She also received citations for improper lane usage, driving too fast for conditions, and some insurance and registration issues. These traffic violations, compounded with the DUI allegations, can become a serious problem for the woman, leading to a suspended license in some cases.
]]> This case highlights some of the basic uncertainties that are often present when a police officer reports suspicion of a DUI. There is no information as to whether or not the woman was given a breath test or field sobriety test before the ticket was issued.Illinois law has very specific rules that law enforcement must follow in the process of charging and prosecuting someone with a DUI. Having an advocate to make sure the proper process is followed and rights are protected can make a big difference for individuals suspected of driving under the influence. Police officers often make mistakes in issuing a DUI ticket, and breath tests can be unreliable.
A DUI conviction can have a dramatic impact on someone's life, potentially interfering with job prospects, raising insurance prices, as well as the substantial costs associated with DUI fines and court fees.
Source: Peoria Star, "Driver Cited with DUI after car hits South Peoria home," Feb. 7, 2012.
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