Archive for October, 2012

Probation for Driving Drunk and Killing Motorcyclist

October 30th, 2012 at 1:37 pm

The Daily Herald reported recently that Erika Scoliere, 23, pleaded guilty to misdemeanor DUI on October 2. She was involved in a crash that caused the death of Frank Ferraro, 40, five years ago. Scoliere was sentenced to two years probation, and she was fined almost $4,000 dollars and has to wear an alcohol monitoring bracelet for the next two years. Wearing the bracelet will cost her $15 a day and nearly $11,000 in total. On top of that, she has to obey a curfew for two years, attend a program called Accepting Responsibility is Mandatory and go to alcohol treatment.

Scoliere was originally charged with aggravated DUI, reckless homicide and making an improper turn. However, these charges, which could have put her in prison for 14 years, were dropped as part of her plea agreement. A judge ruled in 2009 that blood samples showing her blood alcohol concentration couldn’t be used in court. This decision was later overturned by an appellate court panel in 2011; however, South Elgin Police had accidentally disposed the samples. With no solid evidence remaining, the case wasn’t likely to go to trial. In these kinds of situations, having an experienced DUI defense attorney on your side is crucial.

The victim was a health insurance executive and Gulf War vet. His mother, Arlene Calcagno, thinks that probation is better than jail time for Scoliere. “I’m trying to look at it from a different perspective, and I’m trying to forgive. We’ll never forget. What else can we do? She’s young, I don’t want her life ruined,” Calcagno said.

If you are facing DUI charges in Illinois, you need the best possible representation. The penalties for driving under the influence can be very severe. Contact a highly qualified DUI defense attorney in Illinois today.

Illinois Man Gets 38 Years for Stolen Vehicle, License Revocation and Aggravated DUI

October 26th, 2012 at 5:46 pm

Cornelious Williams, 36, was sentenced Oct. 4 to 10 years for unlawful possession of a stolen vehicle, 10 years for aggravated driving after revocation and 10 years for aggravated driving under the influence (DUI) to be served concurrently in the Illinois Department of Corrections. He was also sentenced to eight years in the Illinois Department of Corrections for aggravated driving after revocation.

The total sentence is 38 years. However, the 10-year sentences are to be served concurrently and the eight-year sentence is to be served consecutively.

At approximately 11:21 p.m., Sept. 8, 2011, an officer was on patrol driving west through the intersection of Broadway and Seventh Street and ran a random registration check on a 2004 Pontiac Grand Prix. It returned as stolen out of Rockford. A traffic stop was conducted. The driver was identified as Williams. The vehicle had been reported stolen by the Kishwaukee Auto Corral.

Williams had the strong odor of an alcoholic beverage on his breath, slurred speech, bloodshot and glassy eyes, and had admitted to consuming vodka. Williams swayed as he stood. Williams submitted to a blood alcohol test with a result of .08. A check also revealed Williams’ driving privileges were revoked.

Unlawful possession of a stolen vehicle and aggravated driving after revocation are class 2 felonies and have a sentencing range of six to 30 years because of his prior record with three years mandatory supervised release.

Aggravated DUI is a class 4 felony and has a sentencing range of one to six years in the Illinois Department of Corrections and is also probation able. The sentences will be served concurrently on the class 2 felonies.

On all class 2 felonies, the defendant was eligible for class X sentencing because of his prior record. He was extended-term eligible on the class 4 felony.

If you are facing DUI charges, do not attempt to handle them on your own. Contact an experienced DuPage County DUI defense attorney today in order to have the best chance of successfully fighting your Illinois DUI charges.

“No-Refusal” DUI Operations to Take Place in Kane County Illinois

October 22nd, 2012 at 5:39 pm

The Kane County State’s Attorney’s Office is planning with local police to conduct three “no-refusal” operations over the next 43 days — on the weekend before Halloween and on the night before Thanksgiving — to discourage drunken driving

The first of the two operations will be Oct. 26-27 and Oct. 27-28, the Kane County State’s Attorney’s Office announced in a release, and the second will be Nov. 21-22. They will begin in the evening and end after midnight.

Many police agencies already run enhanced DUI patrols on the weekend before Halloween and the night before Thanksgiving. The “no refusal” operations give police another tool to use during DUI arrests.

According to the state’s attorney’s office release, the initiative targets those who have been arrested for DUI but refuse to submit to a lawfully requested breath test. Prosecutors and police officers work together to quickly obtain a search warrant to compel a DUI suspect to submit to a lawful blood or breath test as required by Illinois’ Implied Consent statute. The “no refusal” strategy expedites the DUI booking process.

“Our office has a responsibility to prosecute DUI offenders and to educate the public not to drive when they drink. Our goal with ‘no-refusal’ operations is to make Kane County’s roads safer,” Kane County State’s Attorney Joe McMahon said in the release.

“The weekend before Halloween and the night before Thanksgiving traditionally are occasions for friends to get together and party,” McMahon said in the release. “We do not wish to discourage that, but we do expect that people will party responsibly. We run these operations as a reminder that when the party is over, people who have been drinking alcohol should not drive.”

Participating towns and police agencies will not be revealed in advance.

According to the release, Illinois courts have held consistently that no one has a right to refuse chemical testing when probable cause exists. Anyone who fails to submit to chemical testing after a search warrant has been obtained could face additional sanctions.

If you are facing DUI charges, do not attempt to handle them on your own. Contact an experienced Kane county DUI defense attorney today in order to have the best chance of successfully fighting your Illinois DUI charges.

1-800-Dial-DUI America's Top DUI & DWI Defense Attorneys
Super Lawyers
Leading Lawyers Network The Top Lawyers
1-800-Injurys America's Personal Injury Attorneys