Archive for the ‘DuPage County DUI lawyer’ Category

Know the Law: The Proper Chronology of a DUI Arrest

January 30th, 2014 at 12:13 pm

When arresting a person on charges of a DUI offense in Illinois, there is a proper procedure all officers must follow. The 2013 Illinois DUI Fact Book outlines these steps so that drivers will know what to expect.

 DUI arrest IMAGEFirst, an officer must stop your vehicle at a roadside safety check or have adequate probable cause or reasonable suspicion to pull you over. This can include observing unusual operation of the vehicle by the driver. Once safely pulled over, the officer may spend a few moments talking with and observing the driver before requesting the driver’s license, registration, and insurance.

If the officer suspects the driver is under the influence of drugs or alcohol, they may ask the driver to submit to a series of field sobriety tests. Once these are completed, the officers can either release the driver, or if they have probable cause based on the results of the field sobriety tests, they can place the driver under arrest for DUI. Anyone who refuses to complete the field sobriety tests can have their license suspended under the law.

If the driver is placed under arrest, they will be taken to the police station, where a blood-alcohol concentration (BAC) test of their breath, blood, or urine will be administered.

If the BAC is found to be between .05 and .08 percent, and no drugs are found in the driver’s system, the DUI charge remains in effect until the court decides otherwise, however the driver’s license does not automatically get suspended. If the BAC is shown as .08 or more, or if there is any evidence of drugs in the driver’s system, the driver will receive immediate notice that their license has been suspended.

If you have been accused of a DUI offense, and believe that the proper procedures were not followed, contact an experienced Illinois DUI defense attorney right away. They can ensure your case is fairly represented in court, and ensure you do not receive any undeserved punishment under the law.

Driver Ticketed in Fatal ATV Crash

January 27th, 2014 at 3:59 pm

Generally, when one thinks of a DUI charge, it applies to someone who has been driving a car. However, this is not always the case. A DUI charge in Illinois may apply if you are driving another form of vehicle such as a boat, small watercraft, or even an all-terrain vehicle.

atv crashThe recent case of 24-year-old Katheryn J. Daly is a good example. According to The News-Gazette, Daly was driving a John Deere Gator on County Road 1700 E on October 6 when she hit a patch of wet gravel. The vehicle skidded out of control, left the road, and eventually rolled onto its side. The passenger, Katheryn Daly’s 19-year-old cousin Annie Daly, was trapped underneath the vehicle and later died of her injuries.

Katheryn Daly admitted to police that she had been drinking earlier that night at a relative’s house, and failed field sobriety tests. A blood-alcohol test administered at the county jail revealed that her blood-alcohol concentration was 0.13 percent, well over the Illinois state DUI limit of 0.08 percent. She has been charged with misdemeanor driving under the influence of alcohol and failure to reduce speed to avoid an accident. She is scheduled to appear in court on November 8.

She faces serious penalties under the law, which may include hefty fines and jail time.

DUI laws are complicated, and it can be difficult to know where your case falls, or how the law applies. Whether you were driving a car, all-terrain vehicle, or watercraft if you have been accused of a DUI offense, contact an experienced DUI attorney in Illinois that you can trust. Our professionals can help you ensure that your case is being treated fairly under the law, and make sure that you receive adequate representation in court. Contact us today for a free case evaluation.

911 Dispatcher Arrested for DUI, Drug Possession

January 19th, 2014 at 10:29 am

 DUI & Drug Possession IMAGEA 911 dispatcher in Chicago, 36-year-old Matthew Stehney was arrested for DUI after an afternoon of watching football, according to DNAinfo Chicago. Stehney was “found ‘slumped over the wheel’ in a running car by police in the 2700 block of South Damen Avenue,” according to a police report and reported by DNAinfo. When police woke him up, Stehney had “glassy-bulging-bloodshot eyes,” and Stehney then proceeded to try to talk his way out of the arrest. According to DNAinfo, he told police he was “one their team” and “begged” for another chance. The police report stated that, “he pleaded nonstop for another chance, saying it would not happen again.” When Stehney was taken in police found a baggie with cocaine in it in his pocket. He has been charged with DUI and drug possession, according to DNAinfo.

With drug use rates increasing across Illinois, the number of people arrested for DUI who also end up with drug possession charges will likely increase as well. In Los Angeles this year, according to the LA Times, police introduced a new oral swab drug test that was first used at checkpoints over New Year’s. “Prosecutors said the eight-minute, portable oral fluids test could eventually become a more effective use of resources in drugged-driving cases,” reports the LA Times. The swab tests for cocaine, methamphetamine, and THC, among other substances.

Even if a person is a first-time DUI offender in Illinois, he is likely to lose his license for some time. For failing chemical testing, according to the 2014 Illinois DUI Factbook, a person automatically has his driving privileges suspended for six months. If a person fails to submit to chemical testing his license will be suspended for up to a full year. According to the 2014 DUI Factbook, “a driver may request a judicial hearing to challenge a statutory summary suspense… within 90 days after the notice date.”

If you or someone you know has been charged with DUI or drugged driving in the Chicagoland area, the most important thing you can do is seek legal counsel. Contact Ramsell & Associates today.

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