Archive for the ‘DUI law’ Category

Anti-Alcohol Forces Find Obstacles in South Carolina DUI Laws

April 10th, 2014 at 12:30 pm

Kerry

Interlock Ignition Laws Are Being Proposed by Groupds Tied to IID Companies in Every State

The prohibitionists are attempting to push through a bill that would mandate breathalyzers in all cars of first offenders. The truth is, these groups are supported through donations from the companies that make or install the breathalyzers. The MADD groups use statistical data to claim that the laws are well more successful than they actually are – there is no cross-comparison between states who mandate and those who do not – rather they simply cite to statistics that show a reduction of DUI arrests following passage of the law as proof of its success. That trick is called “Post Hoc Ergo Proctor Hoc.” Of course, these groups never accept responsibility for past proposals that have failed to reduce arrests. Nor do they ask for those other draconian laws to be lifted from the books when proven unsuccessful.

As reported:

“Emma’s Law, the state’s first get-tough effort on drunken drivers in years, ran into a roadblock Tuesday in the S.C. Senate, when one senator blocked the bill for a day.”

“Emma’s Law was amended slightly in the House, and Lourie and his supporters want the Senate to approve the House version of the bill. Due to parliamentary rules, supporters say, if the Senate changes the House version in any way, that likely could doom the bill’s chances of becoming law. The bill would then have to clear numerous new legislative hurdles to be passed.”

The House made several amendments to the Senate version of Emma’s Law. One would raise the blood alcohol level requirement to .15 from .12 for the standard requiring any person pleading guilty to or being convicted of first offense DUI to use an ignition interlock device.

For two years, Lourie and some other lawmakers, along with victims and safety advocates, have pushed – sometimes with fierce resistance from trial lawyers – to get the bill first through the Senate and, earlier this month, the S.C. House. For more than a year, the bill was mired in an obscure House subcommittee, four of whose five members are lawyers.

South Carolina’s current DUI laws contain numerous loopholes that allow accused and convicted drunken drivers to hire lawyers and get quickly back on the roads. Defending drunk drivers in the various courts of appeal and getting them back driving is a booming $100 million-a-year legal business in South Carolina.

South Carolina has one of the highest rates of drunken driving fatalities in the nation. The proposed law is named after Emma Longstreet, a 6-year-old Lexington girl killed by a repeat drunken driving offender in 2012. Since Emma died, drunken drivers have killed more than 500 other South Carolinians.”

Read more here: http://www.thestate.com/2014/04/08/3375784/anti-drunk-driver-proposed-emmas.html#storylink=cpy

Naperville DUI Lawyer Wins Illinois Supreme Court Case

April 9th, 2014 at 1:21 pm

DeForest Clark is a free man thanks to Naperville Attorney Donald Ramsell

DeForest Clark is a free man thanks to Naperville Attorney Donald Ramsell

As reported on Digital Journal:

Naperville DUI Lawyer Wins Illinois Supreme Court Case

PRWEB.COM Newswire

Naperville, IL (PRWEB) April 09, 2014

Naperville DUI Lawyer Donald J. Ramsell recently won an Illinois Supreme Court case for his client. Ramsell presented his oral arguments for the case People v. Deforest Clark (Case No. 15776) held before the Illinois Supreme Court back in January. The case questioned the constitutionality of eavesdropping laws in Illinois. In the opinion reached, the Illinois Supreme Court ruled that the state’s criminal eavesdropping statute is unconstitutional.

The panel of Judges decided that the statute violated the First Amendment because it applied to all conversations, including those conversations that cannot be considered private such as loud exchanges on a private street, a political debate on a college campus or the public communications between law enforcement and citizens. The Illinois Eavesdropping Act, which bans the audio recording of conversations without the consent of all parties, has been scrutinized for years as Illinois legislative efforts to revise the law have continuously fallen short.

Illinois DUI lawyer Donald Ramsell along with attorney Nicole Sartori represented the defendant Deforest Clark in relation to the two felony counts charged against him for recording conversations with an opposition attorney during child support hearing 11CF464 held in Kane County Court.

“Obviously, my client is extremely pleased with the outcome. We felt that it was the correct decision. My client was simply trying to keep a record of a court proceeding that he was handling pro se, there was never any nefarious intent on his part, ” explains criminal defense attorney Donald Ramsell.

Criminal attorney Donald Ramsell is a managing partner at Ramsell & Associates, LLC. Ramsell focuses his practice on DUI’s, criminal law, drug crimes, felonies, misdemeanors and traffic violations. In 2013, Ramsell was selected for membership to the Top 100 Trial Lawyers organization. The organization recognizes attorneys for their knowledge, skill and success held by only the elite attorneys in the United States. He was also named a 2014 Illinois Super Lawyer by Chicago Magazine, which marks his 8th Super Lawyer designation.

Ramsell & Associates, LLC has been featured in the media throughout the country including on ABC’s 20/20, CNN, CBS, NBC, FOX, COURT –TV and Hannity and Colmes. The Illinois criminal law firm has also appeared in the New York Times, Washington Post and on various national and local radio shows.

Ramsell & Associates, LLC is located in Wheaton, IL. The firm has defended over 13,000 clients since its establishment in 1986. If you are facing criminal charges and would like to work with an experienced criminal attorney call 1-800-DIAL-DUI or fill out the online contact form for a free case review.

Read the full story at http://www.prweb.com/releases/Naperville-DUI/Lawyer-Donald-Ramsell/prweb11747852.htm

Read more: http://www.digitaljournal.com/pr/1840965#ixzz2yPleIFxz

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.

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