Archive for the ‘Chicago’ tag

Man Pleads Guilty in Fatal 2012 DUI Crash

August 8th, 2013 at 12:18 pm

Man Pleads Guilty in Fatal 2012 DUI Crash IMAGELate July finally brought the day of reckoning for Daniel Clark, the 32-year-old who in February of last year killed Frank Caruso in a DUI crash that rocked Chicago’s Eisenhower Expressway. Clark pleaded guilty in court this month to charges of drunk driving, according to ABC Local News. “Prosecutors say Clark admitted to having five glasses of wine before getting behind the wheel. They say his blood alcohol level was .249, more than three times the legal limit,” reports ABC. In a sad twist of fate, when he was killed Caruso was in a squad car, having narrowly avoided a different accident just minutes before the fatal crash. Caruso had just gotten off the phone with his girlfriend, assuring her that he was okay after his car slid on the icy highway, when Clark barreled into the back of the squad car where Caruso was sitting and waiting for a tow.

Blurred with his five glasses of wine, Clark did not manage to see the lights flashing ahead of him. Clark plowed into the back of the car at a high speed, killing Caruso and injuring the trooper. “Clark,” according to ABC, “was charged with two counts of aggravated driving under the influence.” The trooper was also badly hurt in the crash, but no update was available as to his condition at the time of Clark’s guilty plea.

According to the National Highway Traffic Safety Administration and as reported by the Century Council, “32,885 people died in traffic crashes in 2010 in the United States (latest figures available), including an estimated 10,228 people who died in drunk driving crashes.” That figure amounts to a whopping 31 percent of all traffic fatalities. Despite this seemingly high number, drunk driving fatalities are actually down significantly from the early 1980s—“drunk driving fatalities have decreased 52 percent from 21,113 in 1982,” according to the Century Council.

If you or someone you know has been accused or charged with drunk driving, don’t wait to contact an attorney. Contact an experienced Chicago-area DUI lawyer today.

Breathalyzer Consent

May 3rd, 2013 at 5:54 pm

LucyIf a person is arrested for a DUI, a breath, blood or urine test in required to be taken according to Illinois law. This law is called the “implied consent” law, which states that if someone has been driving under the influence, that is considered consent to take a blood alcohol content (BAC) test. Your arresting officer has the power to choose when you must take the test, but you have the option to take additional tests later on.

It is also possible to be arrested for a DUI if you are not driving. You only have to have physical control of the vehicle, which “depends on where you are sitting, if you have the key and if you have the ability to start and move the vehicle,” to be arrested for a DUI. You also consent to a preliminary breath test according to Illinois law.

This test is allowed even if you have not been arrested and works like a field sobriety test. The results of the test are used by the police officer, and will also be used to determine if the driver has been drinking. However, you do not have to take this test. The officer, unfortunately, can still arrest you if he or she is suspicious of your drinking, and if arrested, you will have to take a BAC test to keep your drivers license.

If you are arrested and refuse to take a BAC test, your license will be suspended. For your first refusal, it will be suspended for one year, but every additional time after that, your license will be suspended for three years. The suspension will begin 46 days after you receive a notice from the Illinois Secretary of State.

If you have been arrested for a DUI, contact an Illinois DUI attorney for assistance. Your DUI attorney can help you fight the suspension and possibly receive a restricted license. Ramsell & Associates have offices located in DuPage, Cook and Kane Counties to help you with your DUI trouble.

Plainfield Man Convicted of Felony DUI After Road Rage Incident

April 30th, 2013 at 2:29 pm

According to this story in the Chicago Sun Times, on June 13 of last year, 32-year-old Michael Moreno was chasing another car he claimed cut him off when he abruptly turned left into oncoming traffic. As he did so, a 63-year-old man named Gerald Puglise slammed his motorcycle into the car—later dying from the collision.

melissaDefense attorneys for Moreno claimed that he was chasing the vehicle to get the license plate number when the crash occurred. Additionally, they had tests showing Puglise had both alcohol and a prescription painkiller in his system—but the prosecuting attorneys argued Puglise’s actions on the road weren’t factors in the crash.

The Chicago Sun-Times reports here that Moreno was charged with a felony DUI because he had both marijuana and cocaine in his system. Along with the DUI, Moreno was found guilty of possession of cannabis, obstruction of justice, and leaving the scene of a fatal crash. He currently faces a 29-year prison sentence.

Friends and relatives of Puglise were very happy with the outcome. Altogether, about 15 friends and family were gathered in the Wheaton courtroom to hear the verdict. Puglise’s son Matt told reporters afterwards that his father was in the wrong place at the wrong time, and that everyone still misses him.

Puglise was a Vietnam veteran and retired electrician. On the day of the accident, he had been out visiting with a friend. When he struck Moreno’s car, he was returning to his house in Lombard, Illinois.

Driving while under the influence of drugs or alcohol can have serious repercussions that may affect more than just you. If you’ve been charged with a DUI, our esteemed law firm in DuPage County can help you build a solid defense. Contact us today to learn more and speak with a knowledgeable attorney.

 

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