Archive for the ‘driving under the influence’ tag
January 7th, 2014 at 10:23 am
Legislators in Illinois are evaluating multiple measures to increase safety in the state’s waterways, including one bill that increases the penalties for those operating a boat under the influence. Penalties for DUIs across the state include fines, license suspension, and possible jail time. Obtaining a DUI lawyer as quickly as possible after your arrest is crucial for your case.
Under the new suggested bill, anyone caught operating a boat under the influence of intoxicants would face an immediate driver’s license suspension for a period of three months. Sponsored by state Senator Julie Morrison, the bill was spurred by the death of new nephew in 2012. Anthony Borcia was 10 years old when he fell off a tube and was struck by a boat.
The boat driver was charged with aggravated driving under the influence of drugs. The new law amends the Boat Registration and Safety Act so that any person operating a watercraft in the state who is involved in a boating accident automatically gives their consent to chemical testing for determining intoxicating substances in the body.
A separate measure currently in consideration would require individuals born after January 1, 1990 will need to go through a boating safety course in order to get a certificate from the Illinois Department of Natural Resources. Right now, the only individuals required to have a safety certificate to operate a boat are those people between the ages of 12 and 18 who are on a boat without a parent or guardian. The final piece of legislation being evaluated requires any boat operators towing a person behind the watercraft to use an orange flag on the boat.
Being arrested for a DUI in Illinois, whether it’s on the road or on the water, can lead to serious consequences. Make sure that you are informed of your rights and have discussed your case with an Illinois DUI attorney.
October 18th, 2013 at 11:52 am
A Chicago woman arrested for a DUI last March claims that the arresting officer injured her seriously during the procedure. The victim, Cassandra Feuerstein, claims that bones in her face became shattered after the officer forced her, headfirst, into a cell. She has video evidence to back up her claims, too. If you have been arrested for a DUI where the officers crossed the line, you need the assistance of an experienced Chicago DUI attorney.
Ms. Feuerstein’s video evidence shows her head slamming into the edge of a concrete bench before she collapses to the ground. Other officers then enter the scene to attempt to clean up her face with toilet paper.
The arrested individual moved forward with a federal lawsuit against the individual who pushed her and the Village of Skokie. She alleges that the injuries from the shattered bones in her face required surgery. Additionally, she claims that the officer made false statements and filed a false report in her case.
Officers are supposed to follow specific procedures with regard to DUI arrests. These include stopping a vehicle for probable cause or at a DUI safety checkpoint, verification of the license, registration, and insurance, and a request for the individual to submit to a sobriety test. If the driver does not pass the sobriety test, he or she will be transported to the police station to submit to further chemical tests to verify the blood alcohol content (BAC).
Depending on the results of these chemical tests, penalties may apply. The individual will be required to post bond and can be detained until bond is posted. Unfortunately, some officers take advantage of the situation and cross the lines with regard to proper procedures and protocol for handling a DUI arrest. Please contact a Illinois DUI attorney if you believe that your rights were violated in the process of your DUI arrest.
July 29th, 2013 at 8:00 am
In Illinois, there are certain minimums of coverage that are required by motorists. As of May of this year, Illinois lawmakers are proposing an increase from liability from $20,000 to $25,000 for the death of one person. This would be the most basic coverage necessary for a person to drive legally. Police officers routinely check for proof of insurance and vehicle registration even for routine traffic stops.
Another form that is necessary to prove that a person has car insurance is a SR-22 or Safety Responsibility-22 form. It is filled out by an authorized insurance company to prove that a driver has insurance. This form is submitted to the DMV and maintained unless the premium is not paid. An SR-22 must be maintained for at least three years. In the case of a missed payment, a SR-26 form is issued by the insurance company, which automatically suspends the driver’s license.
A SR-22 is necessary when trying to reinstate a suspended license due to any number of violations:
- Driving without insurance,
- Serious violations of traffic rules,
- Volume of moving violations,
- Driving under the influence of drugs or alcohol.
And also may be necessary for individuals who have received:
- Mandatory insurance suspensions,
- Unsatisfied judgment suspensions,
- Safety responsibility suspensions.
The SR-22 can take one of three forms. The first is as an Operator’s Certificate which covers the driver in any non-owned vehicle. The second is an Owner’s Certificate which covers vehicles owned by the driver. The third kind is a combination which is an Operators & Owner’s Certificate which covers all vehicles owned and not owned by the motorist.
If you have been pulled over for suspicion of DUI, then it is important to have the legal advice of a professional. The consequences are too great to be put to chance. Contact an experienced DUI attorney in Cook County who can help you keep your license and avoid insurance hassles.