Archive for the ‘DUI Attorney’ tag
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 23rd, 2014 at 10:41 am
Alex Tapia-Aguilar, 34, of Round Lake, was charged with drunken driving and arrested after slamming into a police car while intoxicated, according to the Chicago Tribune. Tapia-Aguilar was driving on the wrong side of the road when he hit the squad car, and injured a police officer in the process. He is now facing “two counts each of aggravated driving under the influence and DUI,” according to the Chicago Tribune. “After the crash, the officer had to climb out of his window to stop Tapia-Aguilar because of the extent of the damage to his vehicle,” the Tribune reports. The officer was taken to Vista Health System, treated for his injuries, and released. Tapia-Aguilar refused medical help at the scene.
Damage to both cars was extensive, the Tribune reports. It isn’t clear if sobriety tests were administered immediately following the crash, but Tapia-Aguilar told police that “he thought the car might have been delivering papers,” according to the Tribune. Tapia-Aguilar was also “charged with driving without a valid driver’s license, driving without insurance, improper lane usage, failure to reduce speed to avoid an accident and criminal damage to state-supported property,” the Tribune reports.
Aggravated DUI carries a heavier punishment than DUI, according to the 2014 Illinois DUI Factbook. “Any mandatory term of imprisonment or community service is not subject to suspension or reduction,” the Factbook states. An aggravated DUI can apply to a number of different scenarios including (but not limited to):
- A third or subsequent DUI
- DUI committed while driving a school bus carrying one or more persons age 18 or younger
- DUI resulting in great bodily harm
- DUI committed without a valid license
- DUI committed without car insurance
- DUI committed after a previous conviction for reckless homicide while DUI
- DUI resulting in death
Illinois is a Zero Tolerance state, which means that if you’re pulled over and your BAC measures .01 or greater you can be ticketed. To have a BAC of .01 a normal adult of any weight needs only to consume one drink in an hour.
If you or someone you know has been charged with DUI in Chicago, don’t go through it alone. Contact Ramsell & Associates today.
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.