Archive for the ‘DUI defense attorney’ tag

Man Charged with DUI after Slamming into Cop Car

January 23rd, 2014 at 10:41 am

Alex Tapia-Aguilar, 34, of Round Lake, was charged with drunken driving and arrested after slamming into a police car while intoxicated, according to the Chicago Tribune. Tapia-Aguilar was driving on the wrong side of the road when he hit the squad car, and injured a police officer in the process. He is now facing “two counts each of aggravated driving under the influence and DUI,” according to the Chicago Tribune. “After the crash, the officer had to climb out of his window to stop Tapia-Aguilar because of the extent of the damage to his vehicle,” the Tribune reports. The officer was taken to Vista Health System, treated for his injuries, and released. Tapia-Aguilar refused medical help at the scene.

DUI Police Crash IMAGEDamage to both cars was extensive, the Tribune reports. It isn’t clear if sobriety tests were administered immediately following the crash, but Tapia-Aguilar told police that “he thought the car might have been delivering papers,” according to the Tribune. Tapia-Aguilar was also “charged with driving without a valid driver’s license, driving without insurance, improper lane usage, failure to reduce speed to avoid an accident and criminal damage to state-supported property,” the Tribune reports.

Aggravated DUI carries a heavier punishment than DUI, according to the 2014 Illinois DUI Factbook. “Any mandatory term of imprisonment or community service is not subject to suspension or reduction,” the Factbook states. An aggravated DUI can apply to a number of different scenarios including (but not limited to):

  • A third or subsequent DUI
  • DUI committed while driving a school bus carrying one or more persons age 18 or younger
  • DUI resulting in great bodily harm
  • DUI committed without a valid license
  • DUI committed without car insurance
  • DUI committed after a previous conviction for reckless homicide while DUI
  • DUI resulting in death

Illinois is a Zero Tolerance state, which means that if you’re pulled over and your BAC measures .01 or greater you can be ticketed. To have a BAC of .01 a normal adult of any weight needs only to consume one drink in an hour.

If you or someone you know has been charged with DUI in Chicago, don’t go through it alone. Contact Ramsell & Associates today.

 

Should You Refuse A BAC Test?

December 14th, 2013 at 5:47 pm

After having a few too many drinks, you decide to drive home. You are extremely careful to stay on the right side of the yellow line, and you keep the car within the posted speed limit. However, despite your best efforts, a siren appears behind you. A police officer comes to your window, asks if you have been drinking. Even though an experienced Illinois DUI lawyer would tell you not to admit to having consumed alcohol, you inadvisably admit to having had a few drinks at dinner. The police officer asks you to step out of the car, and then asks you to submit to a field sobriety test. The police officer determines that you failed the test, and the police officer places you under arrest for DUI.

breathalyzer & sobriety test ImageThe police officer is going to ask you to submit to a test to determine your blood alcohol content (BAC). This could take the form of a breathalyzer, blood, or urine test, or any combination of the three. You have a right to refuse to take any test. But should you?

Immediate Results of Refusal

Every driver is deemed to have given their implied consent to be tested for alcohol or drugs if they make use of the public roadways of Illinois. Refusal to take the test will result in a suspension of your driver’s license for 12 months minimum. If this is not your first time refusing a test, your driver’s license will be suspended for 3 years. What’s more, the fact that you refused the test can be used against you at your trial for DUI. However, an attorney can help you successfully fight both the DUI charges and license suspension.

Should You Refuse Anyway?

Conventional wisdom states that you should never give the police any evidence that could be used against you at trial. However, DUI is a unique problem, in that by withholding evidence from the police by refusing a test, your driver’s license is automatically suspended. What should you do in this scenario?

Once you are arrested, if you know that you are likely to fail any chemical test, you should likely refuse the test. Your license will still be suspended, but an Illinois DUI attorney may be able to attack the suspension, or get you a restricted driving permit to allow you to drive to get to work or pick up groceries. Further, you will not have provided the police with evidence to build their case.

No matter what you decide to do, a DUI arrest must be dealt with quickly, preferably by an attorney with experience. If you or someone you know has been arrested for DUI, contact an experienced DUI attorney today.

Solid DUI Defense Can Grant Second Chances

November 11th, 2013 at 10:01 am

illinois-dui-mistrialThe U.S. legal system is adversarial, which means that prosecutors will do whatever they can to secure a conviction. Fortunately, DUI defense attorneys can help fight back. DUI defense attorneys are legal advocates who will fight for their clients even when they are guilty in the eyes of the public opinion.

Take the case of John Goodman, for example, whom a jury convicted of DUI manslaughter for causing the death of a young man driving home from college. The details of the crash were gruesome: Mr. Goodman was going at twice the posted speed limit when it ran a stop sign and hit the other vehicle, sending it into a drainage canal. As the car filled up with water, Mr. Goodman decided to flee instead of going to the young driver’s assistance. The young driver drowned.

Not surprisingly, Mr. Goodman was guilty in the eyes of public opinion even before trial began. Mr. Goodman, however, had a true advocate on his side. His defense attorney rose to the daunting task and stuck by Goodman’s side to the end, making sure that he received the best defense possible. During the trial, his attorney was able to secure Mr. Goodman’s release to house arrest instead of jail, not an easy task considering the high profile of the case.

Even after a jury found Mr. Goodman guilty, his attorney never stopped fighting for his client. Through the attorney’s efforts, it became known that one of jurors had engaged in some questionable conduct. This allowed the defense attorney to ask the judge to declare a mistrial, which the judge did and Mr. Goodman will have a new trial in front of an untainted jury.

Independently of whether Mr. Goodman was guilty, his case is a prime example of how a DUI defense advocate can make sure that all legal remedies are exhausted. If you have been charged with a DUI, make sure that an Illinois DUI defense attorney fights for you.

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