Kane County Planning Another "No-Refusal" Weekend

Kane County State's Attorney John Barsanti has announced that Kane County has another "no-refusal" weekend in the works.  We have previously reported about Kane County's "no-refusal" programs.  During such a weekend, police set up checkpoints with prosecutors and a judge are on call to prepare search warrants for drunk drivers who refuse to consent to a breath test or provide blood evidence.  They also have a phlebotomist present to draw blood.  Most of the "no-refusal" weekends have been held during holiday weekends when more drivers are on the road.  Barsanti did not state when the next "no-refusal" weekend will occur.  During prior crackdowns, most drivers complied with requests to provide a breath test or blood evidence.  However, one driver refused to cooperated and was charged with contempt of court.  The case was dismissed by a judge when the court found that the charge was illegal.  In the next case the state charged that driver with Obstruction of Justice.  That case is still working its way through the Kane County court system.  

The program is controversial and the legality of it is still not resolved.

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 "No Refusal" Crackdown Is Back

Just when it looked like Kane County's "No Refusal" crackdown was on the ropes comes news that it will be back for Halloween. We first reported about this program, which is targeted towards catching drunk drivers, on July 1, 2009. Kane County authorities had announced that they would be conducting a crackdown for the fourth of July weekend. Just a few weeks ago, on August 12, 2009, we reported that Kane Countydis States Attorney John Barsanti was indicating that the program may be ended because of a lack of interest from local police agencies. Since that announcement, at least eight local police agencies have contacted Barsanti's office expressing interest in participating in the program. As a result, Barsanti has announced that a "No Refusal" operation will be conducted in a yet to be disclosed location in Kane County on Halloween. Since Memorial Day, 2008, three "No Refusal" operations have been carried out only resulting in 25 arrests. It's called "No Refusal" because judges are on the scene and police have the judges sign warrants if drivers refuse to submit to a breathalyzer test. The program has been criticized by many legal observers, including this author, for being an abuse of government power.

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.

Drivers Beware. State Police Manning Toll Plazas for Seat Belt Violations

As part of it's "Click it or Ticket" seat belt enforcement program, the Illinois State Police have been stationing troopers at toll plazas and catching motorists as they are paying their tolls. The most recent such campaign ran from May 15 to May 31 and resulted in 1,301 seat belt tickets being issued, most at toll plazas. Decisions on which toll plaza to be manned are usually made the morning of the operation and last about an hour. In addition to state troopers, municipal police departments are increasingly using such operations to nab motorists and issue tickets. The biggest such campaigns revolves around the Memorial Day weekend. In 2006, a total of 214 seat belt tickets were issued. This year, 418 tickets were issued. The current fine for such tickets is $55. The most common toll plaza lanes to be patrolled are the cash lanes. Though people have reported seeing troopers nab motorists at the IPass lanes as well. This calls into question the safety practices of the Illinois State Police. In addition to leading to seat belt tickets, approximately 60% of seat belt stops result in other citations being issued. It could be anywhere from a defective light to no insurance or no license. Many of these operations are also being carried out at night in hope of catching a drunk driver.

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.