Archive for the ‘Field Sobriety Tests’ Category
November 25th, 2013 at 3:23 pm
Not all DUIs involve alcohol. For Carly Rousso, the “Highland Park woman charged last year with ‘huffing’ a computer cleaning product before the vehicle she was driving struck and killed a 5-year-old girl” was scheduled to face trial this November, according to the Chicago Tribune. Before the trial could begin, however, lawyers debated just what substances count when it comes to driving under the influence, and debated just which kind of intoxicating effects count toward a DUI charge. “The cleaning product police,” according to the Tribune, “say what she inhaled contains difluoroethane, which is not spelled out as an intoxicating substance in the law.”
Rousso, now 19, has been charged with four counts of aggravated DUI and reckless homicide. She is currently out of jail on $500,000 bond. “If convicted on all charges,” reports the Tribune, “she faces up to 26 years in prison, according to prosecutors.” In mid-November, the trial was pushed back, according to HLNtv.com. “A judge is giving attorneys in the case…. more time to develop their arguments about the constitutionality of her charges.”
Her attorneys are expected to argue in the vein that the charges Rousso is facing are too vague, and thus violate due process, according to HLNtv. The defense motion states that “neither the defendant nor any other person of ordinary intelligence can ever know with any certainty whether difuoroethane or any other substances not named in the Act, are prohibited from use.” Rousso’s opposition is expected to argue that Rousso inhaled the substance with the intent of altering her state of mind, and so is therefore culpable for DUI.
According to the National Institute on Drug Abuse, an “estimated 10.3 million people aged 12 or older (or 3.9 percent of adolescents and adults) reported driving under the influence of illicit drugs during the year prior to being surveyed.” This was a higher rate than in 2011, but considerably lower than it was in 2002. Depending on the outcome of Rousso’s case, more unscheduled drugs could be listed as substances banned for consumption and subsequent operation of a motor vehicle.
If you or someone you know has been charged with DUI, don’t go through it alone. Contact Ramsell & Associates Attorneys at Law, LLC today.
October 21st, 2013 at 9:30 am
One of the easiest ways to die behind the wheel or kill a driver or passenger in another car is to get behind the wheel after drinking alcohol. Since the 1950s, more than one national campaign has been launched to raise awareness about drunk driving, and they’ve had a significant impact: the percentage of people killed or injured in drunk driving accidents continues to decline annually. According to CNN Money Magazine, “alcohol-related traffic deaths, one of the leading types of fatal traffic accidents, declined by 7.4 percent between 2008 and 2009.” That still translates to nearly 11,000 deaths every year in alcohol-related accidents, about one-third of all traffic deaths. And yet the fact that it’s continued to decline is hopeful, and promising.
One reason for the decline could be the increased number of checkpoints in major cities across the country. According to KansasCity.com, in mid-July “law enforcement agencies in Independence, Kansas City, Olathe, and Overland Park” set up sobriety checkpoints on major patrol thruways over the weekend, so as to catch people speeding or driving drunk. Every driver was required to stop and blow into a breathalyzer if driving past the checkpoint. The Olathe sobriety checkpoint was set up between the hours of 11pm on Friday and 3am on Saturday.
These checkpoints not only serve to catch drunk drivers, but to get them off the road. In 2010, according to Mothers Against Drunk Driving, there were 134 traffic deaths in Kansas and 31 percent of these were alcohol-related. That means that less than one-third of all traffic deaths can be attributed to drunk drivers. In 2011 there were only 108 traffic deaths in Kansas, and only 28 percent of them were alcohol-related. This statistic came on the heels of a 2.5 percent reduction nationwide in all drunk driving deaths reported between 2011 and 2010.
A drunk driving accident in which you or someone you know was seriously injured may be cause for compensation. If you or someone you know has been injured in a car accident in which alcohol was involved, don’t go through it alone. Contact a dedicated Illinois personal injury attorney today.
October 8th, 2013 at 12:43 pm
Georgi Grigorov, 34, of Arlington Heights, was “arrested for drunk driving after having six prior DUI convictions under five different aliases” and bond was set at $500,000 in late September, according to the Chicago Tribune. Grigorov was charged with “aggravated driving under the influence, aggravated driving with a suspended license, and unlawful possession of fictitious identification.” Assistant State’s Attorney Moe Ahmad made note at the hearing that Grigorov had been convicted of several previous DUIs, four of which were on “bond forfeiture warrants using different names,” according to the Tribune. Though he did indeed give a false identification card when pulled over for the most recent DUI, police “learned his real identity when they ran his fingerprints through a criminal database,” Ahmad told the Tribune.
Grigorov was driving a BMW when he was arrested, and was initially pulled over for traffic violations. He failed filed sobriety tests administered by first responders to the scene, and refused to take a breath test. Refusal to submit to chemical testing in Illinois results in automatic suspension of driving privileges for 12 months, according to the Illinois DUI Factbook 2013. The Factbook states that, “in 2011, 92 percent of drivers arrested for DUI who refused to submit to or failed chemical testing lost their driving privileges.” Unlike Grigorov’s case, the vast majority of people who refused to submit to chemical testing (85 percent) were first-time DUI offenders.
The lion’s share of people using fake identification cards (such as the one Grigorov used) are teenagers seeking to buy booze illegally, but the punishment is the same across the board. According to NBC Local Chicago, using a fake ID is a class 4 felony in Illinois, punishable by serious jail time. For Grigorov, of course, the fake ID is the least of his worries when compared to the myriad of other very serious charges he’s facing.