Kane County Cracking Down On DUI Offenders

Kane County is making life more difficult for defendants convicted of Driving Under the Influence.  A new Kane County program is requiring that DUI offenders be tested up to eight times during a holiday season to make sure that they are staying away from alcohol, as required by their court sentence.  This new program was unveiled during the Labor Day weekend.  It's called The Holiday Alcohol Testing program.  The goal of the program is to discourage drivers from drinking alcohol during the time that they are most likely to consume alcohol, a holiday weekend.  The program was announced by John Barsanti, the Kane County State's Attorney.  Fifteen DUI offenders passed the test, one DUI offender failed one of the tests and another failed to show up for all of the tests.  The test takes about two minutes and costs $4 per DUI offender.  Prosecutors will seek to file Petitions To Revoke their Sentences for failing and not showing up for their tests.  Kane County is planning on continuing with the program during all the upcoming holiday weekends, including sports related weekends, like the Super Bowl and the final weekend of the NCAA men's basketball tournament.    

For more information about the Chicago criminal defense attorney at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Supreme Court Allows Lawsuit Against Cops For Warrantless Search To Proceed

The United States Supreme Court refused to dismiss a lawsuit filed against two San Carlos, California police officers accusing them of using excessive force and arresting the Plaintiff and entering his home without a warrant.  A woman had accused the Plaintiff of driving under the influence of alcohol and leaving the scene of a hit and run accident.  The police went to the Plaintiff's house and entered his house without a warrant.  The Court of Appeals also ruled that the officers can be sued for pointing their guns at an unarmed and uncombative  citizen.  The Supreme Court left this ruling stand and and apparently ruled that the officers did not have immunity from a civil lawsuit for what happened.  

The case is Bonvicino and Buelow v. Hopkins, 09-681.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Warning: Roadside Checks Along I-90 This Weekend

We want to warn our readers that the Illinois State Police has announced that they will be conducting roadside safety checks along I-90 for vehicles exiting westbound at the Illinois Highway 31 exit.  The program is scheduled to begin at 11 p.m. on Saturday until 4 a.m. on Sunday.  Illinois State Troopers will be checking to see if vehicles are being operated in an unsafe condition, driving with a suspended or revoked license, transporting open alcohol, and driving under the influence of alcohol.  

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Criminal Charges Will Not Be Brought Against Cop Accused Of False DUI Arrests

The Cook County States Attorney's Office has decided not to file criminal charges against Chicago police officer Richard Fiorito.  We first reported about Officer Fiorito in a post published on October 6, 2009.  Officer Fiorito is the subject of several federal lawsuits claiming he made up evidence that motorists he was arresting were driving under the influence of alcohol.  Our post of October 6, 2009 detailed how a video of an arrest made by Fiorito showed that the driver was not intoxicated and that Fiorito had falsely arrested the motorist.  On Tuesday the Cook County State's Attorney decided not to file any criminal charges against Fiorito claiming that they did not have sufficient evidence to convict him of any crimes.  On November 17, 2009 we published another post about Officer Fiorito.  In that post we gave credit to the Cook County State's Attorney, Anita Alvarez, for doing the right thing and dismissing DUI charges against many motorists who had been arrested by Fiorito.  It is hard to understand how the same State's Attorney who decided to drop DUI charges against motorists arrested by Fiorito determined that there was insufficient evidence to charge him with any crimes.  Some things just don't make sense.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Frye Hearing Scheduled for Lidar

On November 9, 2009, we published a post about how speeding tickets issued with Lidar machines are being routinely dismissed in Chicago.   Lidar, or laser, is the main type of detector used by Chicago police.  Cook County judges have been dismissing those tickets because they have not been accepted as scientifically reliable  in court.   In order for new technology to be admissible in court, a hearing must be held in court with testimony and evidence for the court to determine if the machine is scientifically reliable.  This hearing, known as a Frye hearing, has not yet been held in Chicago.  Now comes word that such a hearing will be held in the next couple of months.  The case involves a man pulled over for speeding and driving under the influence of alcohol (DUI) on the Chicago Skyway.  Lidar uses light beans rather than radio waves.  In October, prosecutors began seeking Frye hearings in which defendants were represented by attorneys but their attorneys always backed out, thus leaving the issue of whether the Lidar devices are scientifically reliable undecided. The uncertainty surrounding this device will soon be decided.  If the court finds them to be scientifically reliable, motorists will no longer be able to expect that these tickets will be routinely dismissed.  We will keep our readers updated on any developments.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

DUI Arrests Among Women Rising

The National Highway Traffic Safety Administration (NHTSA) and the FBI have released some figures signaling a disturbing trend among women. From 1998 to 2007, the number of women arrested for driving under the influence of alcohol increased 28.8 percent. At the same time, the number of men arrested for driving under the influence of alcohol actually decreased by 7.5 percent, although the number of men arrested during this period outstripped women by about four to one. According to the Department of Transportation, these figures show that impaired driving by women is becoming a national safety issue. Despite an overall decline of 9 percent nationwide in the total number of drunk driving crashes, the number of women involved in fatal drunk driving crashes increased in 10 states and remained flat in 5.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Kane County DUI Program May Be Ending

On July 1, 2009, we posted a blog about a Kane County DUI program that has been called the "no refusal" program. The program has been controversial and now some Kane County police agencies are refusing to participate in the program. With this operation, local police agencies set up road blocks pulling over motorists. If the police suspect that the driver is driving under the influence of alcohol they request that they submit to blood draws or breath tests to determine if there is alcohol in their system. Judges are stationed at these road block locations so if a motorists refuses to submit to such a test, a search warrant is obtained on-the-spot. If a driver refuses to comply with the warrant, they can then face additional charges, such as contempt of court and obstruction of justice. At least two local police agencies have informed Kane County State's Attorney John Barsanti that they are refusing to participate in this program. A total of 3 "no refusal" crackdowns have been held. A total of two drivers have refused to comply with these warrants. One driver was charged with contempt of court and won in court. The second was charged with obstruction of justice and his case is still working it's way through court. So far, police in Batavia, Geneva, Elgin, Kane County Sheriff's Police, and Illinois State Police have participated. During the last "no refusal" crackdown, only three drivers were arrested for DUI.

Barsanti has asked 30 local police agencies in Kane County to let him know if they will be interested in participating in future operations. If Barsanti does not receive enough support, he said that he will consider abandoning the program.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.

Warning! DUI Crackdown in Kane County This Weekend

The Kane County State's Attorney's Office, along with local police agencies in Kane County, have announced that they will be teaming up this weekend for the county's third "No Refusal" operation where officers will obtain on the spot search warrants against drivers suspected of driving under the influence of alcohol. While the details are not being set out, it sounds as if a court judge will be present to sign search warrants at these sting locations. The warrants could require that a motorist submit to a breath, urine or blood test. If a driver refuses to comply with such a warrant, officials have stated that they may be charged with contempt of court. The operation is scheduled to take place on Friday and Saturday but officials are not disclosing where in Kane County these operations will be carried out.

The first "No Refusal" operation took place on Memorial Day Weekend in 2008 and resulted in 14 arrests. The second "No Refusal" operation took place over this year's St. Patrick's Day weekend and resulted in just 3 arrests.

For more information about the Chicago criminal defense attorneys at Legal Defenders, P.C., visit us at www.thelegaldefenders.com or call us anytime at 1-800-228-7295.