Archive for February, 2013

Illinois Auditor General Downplays DUI

February 27th, 2013 at 11:08 am

LaraAccording to a recent article published by the Huffington Post, downstate Illinois police pulled over an allegedly drunk driver last Wednesday night and were surprised to find it was Illinois Auditor General William Holland.

The Springfield alt-weekly Illinois Times states that “Holland was cited in Sangamon County for improper lane usage and allegedly driving under the influence.”  Holland confirmed he received two tickets for the offenses around 11:45 p.m. Wednesday night.  He referred to the incident as “unfortunate.”

Sangamon County circuit clerk’s offices reports cited that police pulled Holland over in his 1999 red Ford after spotting him driving “erratically.”

The police report stated that the auditor general “had a very strong odor of alcohol beverage on his breath, red bloodshot, glassy eyes (and) failed all standard field sobriety tests.”

According to the Sun-Times, Holland refused to take a BAC breath test at the Sangamon County Jail and was eventually bailed on $100 by Springfield resident Amy Schmidt, whose link to Holland is not clear at this time.

Although his allegations are troubling, Holland seems to be taking it all fairly well.

Holland told the Tribune, “I was in my own car.  It was not a state vehicle.  There was nobody else with me.  I was on my own time.  I’m happy to say there was no damage to any property or any individual.”

Holland’s driving record was previously spotless, as a first-time offender he admits he could see his driver’s license suspended for a minimum 12 months if convicted.

Holland has been Illinois’ auditor general since 1992; he has been twice-appointed to ten-year terms, the most recent came last August by a unanimous vote of the General Assembly.

According to schedule, Holland will appear in Sangamon County Circuit Court on March 24.

If you have found yourself ticketed for driving under the influence, do not hesitate to contact an experienced Illinois lawyer to help you.

Drunken Driver Crashes into Crowd Killing and Injuring Pedestrians

February 25th, 2013 at 12:30 am

LeeviLeroy Bobo, 42, was driving under the influence on a suspended license when he crashed into a group of pedestrians waiting to cross the street, killing one and severely injuring two other people, the Chicago Tribune reported on February 18. Bobo’s blood-alcohol level was twice over the legal limit, and he was charged with multiple counts of aggravated DUI, failure to report a fatal accident and driving on a suspended or revoked license.

A 38-year-old man suffered serious injuries to his head in the crash and was taken to a hospital where he was pronounced dead a short time later, according to court records. A critically injured 32-year-old woman was taken to the Loyola University Medical Center in Maywood, where she received treatment for bleeding to the brain. The third pedestrian, a 36-year-old woman suffered a fractured hip and was also treated in a hospital.

After escaping the scene of the crash, Bobo continued driving for over a mile but his Chrysler came to a stop when it hit another car that was waiting at a red light. Police found Bobo inside his broken car “continuing to press the accelerator in an attempt to leave that scene as well,” police said. Bobo had bloodshot eyes, his speech was unclear and his breath smelled of alcohol. Blood tests revealed his blood-alcohol content was 0.20 percent, more than double the legal limit of 0.08 percent. Bobo admitted to having drunk three glasses of brandy and smoking marijuana prior to driving.

If you have been charged with a DUI, it is in your best interests to contact an experienced criminal defense lawyer who will work hard to achieve the best result for you. Contact a knowledgeable Illinois DUI defense attorney immediately.

Supreme Court Hesitant About Blood Tests for DUI Suspects

February 22nd, 2013 at 4:08 pm

ChristineThe 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.

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