Archive for the ‘driving’ tag
November 19th, 2013 at 4:57 pm
Melvin Brown, 69, has been charged with aggravated DUI in an accident that caused bodily harm after allegedly perpetrating a three-vehicle crash that injured nine people, including four police officers, according to the Chicago Sun-Times. Brown was driving a Nissan Ultima southbound on South Indianapolis when he struck a parked but unmarked police car parked for a traffic stop. The impact caused a chain reaction—the squad car was pushed into a Chevy Tahoe, and an additional squad car that was assisting in the traffic stop, Chicago Police News Affairs Officer Jose Estrada told the Sun-Times. In addition to the aggravated DUI charge Brown is now facing, he was also charged with two misdemeanor accounts of DUI and “for negligent driving and failing to stay in his lane.”
Four police officers were taken to the hospital with non life-threatening injuries that they sustained in the accident. Two other people who sustained injuries in the accident were “taken in critical condition to Stroger Hospital; one was taken in critical condition to Advocate Christ Medical Center in Oak Lawn.”
While four police officers were injured in this DUI-related incident, it’s not always that police are on that side of the DUI charges. According to the Huffington Post, in 2011 the Chicago Police Department finally ratified a contract that will stated “Chicago Police lieutenants and captains to random alcohol testing in general, mandatory drug and alcohol testing whenever they fire their weapons, and won’t be allowed to drink four hours before going on duty.”
The contract, now about halfway into its duration, was initiated after the Chicago Police Department came under fire for a series of incidents in which police were accused of behaving badly when intoxicated, or perpetrating crimes while intoxicated for which they were later acquitted. “The Chicago Police Department denies these incidents spurred the contract changes,” reports the Huffington Post.
If you or someone you know has been accused of a DUI and are facing a date in court, the most important step you can take to protect yourself is to seek the counsel of an experienced legal professional. Contact Ramsell & Associates Attorneys at Law today.
February 22nd, 2013 at 4:08 pm
The Fourth Amendment in the US Constitution states that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Plainly put, it guarantees the right of people’s privacy and lives without the intrusion of the government unless enough evidence has been provided to then get a warrant from a judge to make it all legal. So when government officials search a person without a warrant, red flags of unconstitutionality arises.
Tyler McNeely of Cape Girardeau County, Missouri, was stopped by a state trooper because he was speeding and swerving. His two previous drunken driving convictions made him aware to be careful this third time of being caught – to which he then refused to take a breath test the officer asked him to take to see what his alcohol level was in his body. He ultimately failed a few field sobriety tests as well as was slurring his speech and wobbly. All this evidence caused the officer to arrest him and take him to the hospital to draw blood while being handcuffed out of his will. His blood-alcohol content was .154 percent, way above the legal level .08 percent. In most cases, police need to have a warrant to take blood from a suspect unless it is obvious that if they wait it could threaten a life or destroy evidence. Almost half the states do not allow blood tests without warrants in drunken-driving cases. Ultimately the Missouri Supreme Court upheld the dismissal. The case is now being heard at the Supreme Court level in Missouri vs. McNeely, 11-1425 with a decision expected this summer.
If you have been forced into getting a blood test without a warrant, please contact a lawyer who is experienced in DUI law in Illinois.