Archive for the ‘dupage county’ tag
November 7th, 2013 at 9:34 am
According to a recent report in the Chicago Tribune, the National Transportation Safety Board (NTSB) has recommended that the legal drinking limit should be lowered from 0.08 to 0.05. This has been very controversial and has met some opposition.
The research center of the NTSB has what has been revealed as the most sophisticated driving simulator in the whole world. Test drivers drink vodka or other types of alcohol and try to drive.
They have the task of driving a Chevrolet Malibu into a metal pod large enough to house two vehicles.Using this testing method, researchers collect data based on a sober person, a person who has had just a couple of drinks, against a person who has had several more drinks than that.
It is the mission of the agency to prove a marked difference in a sober person and a person that is performing at a 0.05 level of intoxication. The NTSB chairwoman stated that this change in policy could save as many as 1,000 lives every year. She calls the nation’s problem with drunk drivers an epidemic.
However, in the wake of this new research and recommendation, many people are voicing their concern as to whether an impairment level of 0.05 is worthy of charges of criminal negligence. These people are also asking: how does this level of impairment differ from driving while talking on the phone, fatigue, or even old age? Experts have even stated that driving sleepy can be worse than driving under the influence. The question here is would it be fair to criminally charge a person for being sleepy?
Upon making this recommendation in May, the NTSB representatives noted that more than 100 countries currently have a legal intoxication limit of 0.05. If you have been charged with driving under the influence, an experienced Illinois DUI attorney can provide representation for your case.
November 5th, 2013 at 10:12 am
According to the Palos Patch, Palos Heights police were dispatched on a report of a suspicious vehicle in the neighborhood. This call led to the arrest of 26-year-old Nikola Zecevic.
When law enforcement officers arrived on the scene, they observed Zecevic asleep in his vehicle. When police woke him up, he displayed signs of being intoxicated. He allegedly failed all of the field sobriety tests and he was given a breathalyzer, which showed that he had a blood alcohol level over the legal limit. He was arrested for DUI and he was given a bond of $3,000.00.
In this case, although he was not driving the vehicle at the time, a provision of the law known as care and control comes into play. If the intoxicated person is sitting in the driver’s seat of the vehicle, he is control of the car. Some people are under the misconception that if the keys are not in the ignition, there can be no charges. Upon going to court, the person charged or his Illinois DUI lawyer has to prove that the person had no intention on driving the vehicle.
Another misconception is that sitting in the back seat of the vehicle to sleep it off will deem you safe from prosecution. This is also not true. At any moment, in an intoxicated state, you may change your mind and decide that you can drive home. It does not matter whom the car belongs to or where the car is.
Therefore, if you decide to park in front of your own home and you pass out before you can make it inside, you can be arrested. If you decided to leave your drunken friend in the car to let him get some sleep because you don’t feel like carrying him, he can be arrested.
The safest way to go is to have a designated driver when you know you will be drinking or leave the car at home. If you are someone you know is in need of an experienced Illinois DUI attorney, contact Ramsell & Associates, LLC, by calling 1-800-DIAL-DUI.
August 22nd, 2013 at 12:31 pm
Law enforcement in the state of Arkansas now have another way to potentially determine whether a person is operating a vehicle under the influence of alcohol or drugs. The law allowing these tests was approved in March but took effect on July 17th.
A Lieutenant in the Sebastian County Sheriff’s department took the lead on making this test available in Arkansas. Allan Marx said he became familiar with the opportunities in saliva testing while working on a case in the previous year and realized that it might help in cases within the state, allowing officers now to test urine, blood, and breath. From there, a person might be charged with a DUI and need to hire an attorney.
A driver might be subjected in Arkansas to a saliva test after he or she has failed the sobriety test. The tests are designed to detect ketamine, marijuana, amphetamines, cocaine, oxycodone, opiates, phencyclidine, propoxyphene, and alcohol. There are challenges with this new test, however. The saliva test is not always accurate, only providing complete results 94-99% of the time, a loophole which could create challenges for some individuals taking the test. Since a positive saliva test can serve as the basis for an arrest, individuals who are not guilty of exceeding legal limits or using drugs may be charged anyway.
The tests are being purchased with taxpayer money, which raises concerns about their close, but not perfect, accuracy rate. Officers and supporters of the law claim that the saliva tests are more cost-effective when compared with blood tests. Evidence collection in a DUI arrest determination and the resulting case can be extremely important for the charged individual. If testing is faulty or the evidence was not collected properly, an innocent person could find himself or herself in a world of trouble for doing absolutely nothing wrong. That’s where a competent DUI attorney steps into the picture to ensure that all the pieces of the puzzle fit together. If you’ve been charged with a DUI, contact an Illinois DUI lawyer today to discuss your case.