Archive for the ‘Illinois DUI attorney’ tag

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.

Man Charged in Christmas DUI Crash That Killed Daughter

December 30th, 2013 at 7:26 pm

Drinking and DrivingJeffrey Smith, 26, of South Wolcott Avenue, has been charged in a drunk driving Christmas Eve crash that killed his 8-year-old daughter. According to the Chicago Tribune. Smith, who was driving a Chevrolet sedan, struck a curb and then rammed into a tree. His daughter, Lauren, was “trapped in the car when it rolled over on its side,” the Tribune reports. Her father was also critically injured and as of December 27 was still in the hospital. Regardless, Smith was “charged with a felony count of aggravated DUI and was also cited for negligent driving, failure to reduce speed and failure to adhere to child restraint regulations,” according to the Chicago Tribune.

Lauren’s mother, Loressa Hall, was skeptical that Lauren’s father was drunk at the time of the accident, telling the Tribune that Smith is a devoted father “who she believes would not have had more than a single drink,” knowing that he’d have to drive Lauren. Police say that it is doubtful that Lauren had been wearing seatbelt at the time of the crash. According to a different Tribune article, the “3rd grader was looking forward to opening presents, especially a karaoke machine, as she returned from a Christmas Eve family dinner in the south suburbs.” They were on their way to Lauren’s grandmother’s house at the time of the crash. “Firefighters freed Lauren in 20 minutes” from the mangled car, reports the Tribune, “but their efforts to save her life were unsuccessful.”

According to the National Highway Traffic Safety Administration and reported by LifeSafer.com, “data shows that the daily death toll from drunk driving during the holiday season is significantly more than the rest of the year.” Between 2001 and 2005, for example, there were an average of 36 deaths per day resulting from an alcohol-related crash. “That number increases to 45 per day during the Christmas period and jumps to 54 per day over New Year’s holiday,” according to LifeSafer.com.

If you or someone you know has been accused of DUI or involved in a DUI crash in Chicago, the most important first step is to seek legal counsel. Don’t go through it alone. Contact Ramsell & Associates, Attorneys at Law today.

Man Arrested for DUI After Son Ejected From Window

December 26th, 2013 at 3:19 pm

Franklin Jackson, 46, of League City Texas, faces a “slew of charges after he drove away from the scene of a drunken wreck in Chicago—but didn’t know his 4-year-old son had been ejected from the backseat during the crash and died,” according to the New York Daily News. His wife and other children were in the car while Jackson was driving on the Dan Ryan Expressway when he “suddenly lost control of his SUV and slammed into a guardrail twice.” Neither he nor the mother of the children noticed that not all kids were in the backseat, and the allegedly drunk Jackson “continued down the road until he pulled into a gas station a few blocks away to check on the damage to the gray Ford Expedition.”  Man Arrested for DUI After Son Ejected From Window

It was only then that he and the rest of his family noticed the hole in the back window through which his oldest son, Franklin Jackson Jr., had flown. They immediately turned the SUV around to go look for the boy and arrived just as police were responding to the scene. “Authorities said they found the child unresponsive in a grassy embankment alongside the highway,” according to the New York Daily News. He was immediately rushed to the hospital but could not be saved. Neither his other children, a 3-month-old, and two others, aged 1 and 2, nor Jackson’s wife were injured in the accident.

Police, however, found an empty bottle of vodka and several empty beer cans in the SUV upon investigation. The father was held on $250,000 bail and is facing charges of reckless homicide and aggravated DUI.

According to LawInfo.com, although Jackson is a legal resident of Texas, the trial for the accident in which his son was killed will likely take place in Illinois. Even if you are not a resident of the state in which you were arrested, that state has the right to prosecute you for your offense. “It is important to know that you cannot simply return to your home state and ignore the charges from the other state. The states and territories of the United States are required by the U.S. Constitution to render suspects o the request of another state,” reports LawInfo.com.

If you or someone you know is arrested on charges of DUI in Chicago, the importance of experienced legal counsel cannot be overstated. Contact the Law Offices of Ramsell & Associates Attorneys at Law today.

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