Archive for the ‘DUI law’ Category
January 27th, 2014 at 3:59 pm
Generally, when one thinks of a DUI charge, it applies to someone who has been driving a car. However, this is not always the case. A DUI charge in Illinois may apply if you are driving another form of vehicle such as a boat, small watercraft, or even an all-terrain vehicle.
The recent case of 24-year-old Katheryn J. Daly is a good example. According to The News-Gazette, Daly was driving a John Deere Gator on County Road 1700 E on October 6 when she hit a patch of wet gravel. The vehicle skidded out of control, left the road, and eventually rolled onto its side. The passenger, Katheryn Daly’s 19-year-old cousin Annie Daly, was trapped underneath the vehicle and later died of her injuries.
Katheryn Daly admitted to police that she had been drinking earlier that night at a relative’s house, and failed field sobriety tests. A blood-alcohol test administered at the county jail revealed that her blood-alcohol concentration was 0.13 percent, well over the Illinois state DUI limit of 0.08 percent. She has been charged with misdemeanor driving under the influence of alcohol and failure to reduce speed to avoid an accident. She is scheduled to appear in court on November 8.
She faces serious penalties under the law, which may include hefty fines and jail time.
DUI laws are complicated, and it can be difficult to know where your case falls, or how the law applies. Whether you were driving a car, all-terrain vehicle, or watercraft if you have been accused of a DUI offense, contact an experienced DUI attorney in Illinois that you can trust. Our professionals can help you ensure that your case is being treated fairly under the law, and make sure that you receive adequate representation in court. Contact us today for a free case evaluation.
January 19th, 2014 at 10:29 am
A 911 dispatcher in Chicago, 36-year-old Matthew Stehney was arrested for DUI after an afternoon of watching football, according to DNAinfo Chicago. Stehney was “found ‘slumped over the wheel’ in a running car by police in the 2700 block of South Damen Avenue,” according to a police report and reported by DNAinfo. When police woke him up, Stehney had “glassy-bulging-bloodshot eyes,” and Stehney then proceeded to try to talk his way out of the arrest. According to DNAinfo, he told police he was “one their team” and “begged” for another chance. The police report stated that, “he pleaded nonstop for another chance, saying it would not happen again.” When Stehney was taken in police found a baggie with cocaine in it in his pocket. He has been charged with DUI and drug possession, according to DNAinfo.
With drug use rates increasing across Illinois, the number of people arrested for DUI who also end up with drug possession charges will likely increase as well. In Los Angeles this year, according to the LA Times, police introduced a new oral swab drug test that was first used at checkpoints over New Year’s. “Prosecutors said the eight-minute, portable oral fluids test could eventually become a more effective use of resources in drugged-driving cases,” reports the LA Times. The swab tests for cocaine, methamphetamine, and THC, among other substances.
Even if a person is a first-time DUI offender in Illinois, he is likely to lose his license for some time. For failing chemical testing, according to the 2014 Illinois DUI Factbook, a person automatically has his driving privileges suspended for six months. If a person fails to submit to chemical testing his license will be suspended for up to a full year. According to the 2014 DUI Factbook, “a driver may request a judicial hearing to challenge a statutory summary suspense… within 90 days after the notice date.”
If you or someone you know has been charged with DUI or drugged driving in the Chicagoland area, the most important thing you can do is seek legal counsel. Contact Ramsell & Associates today.
January 14th, 2014 at 8:10 pm
In early January CBS 2 Chicago reporter Dave Savini was arrested for DUI, misdemeanor battery charges, and endangering the life of a child after he left the scene of a traffic accident, according to the Daily Herald. The accident occurred in the parking lot of a Naperville Taco Bell. “The driver of the other vehicle told police that he wanted to report the collision to police,” the Daily Herald reports, “but Savini refused.” The driver took a photo of Savini’s license plate, which is how authorities were able to prove his involvement in the incident.
When he was arrested, “Savini had two children under age 18 in the car, hence the endangering charge,” according to the Daily Herald. He was released on $3,000 bond “shortly after 4am on the charges, which include a misdemeanor hit-and-run charge.”
In the days that followed his arrest, according to the Chicago Tribune, it was announced that Savini “will legally challenge the suspension of his driving privileges following his weekend arrest for driving under the influence.” When arrested, the Tribune reports, Savini’s blood alcohol level was .134, nearly twice the legal limit. It is suspected that the two teenagers in Savini’s car were his children, according to the Tribune. “According to court documents, Savini had the odor of alcohol on his breath and he had bloodshot, glassy eyes,” the Tribune reports. He is expected to appear in court on January 21.
According to the 2013 Illinois DUI Fact Book, a publication of the State Attorney General’s office, suspension of a driver’s license is standard procedure following a DUI arrest. If it is a person’s first arrest for DUI and he or she tests positive for an illegal blood alcohol level, “a statutory summary suspension provides for the automatic suspension of driving privileges” for six months.
If you or someone you know has been charged with DUI, the most important first step is to contact a DUI attorney. Don’t go through it alone. Contact the Law Offices of Ramsell & Associates today.