In Illinois, most misdemeanor convictions can be cleared from one's record after a period of time; most felonies, on the other hand, cannot. For example, a retail theft in the amount of $100 (or less) usually can be expunged or sealed after about five years or so; this is helpful when applying for a job, to give one example.
]]> But, as Chicago DUI lawyers also would tell you, the one main exception is that a DUI conviction will remain on your record and can't be sealed or expunged; even if you were granted court supervision for the offense.There are exceptions to the exception, however.
If your case was dismissed or if you were found not guilty, your record may be cleared. And if you have friends in high places or otherwise are able to snag a rare pardon from the governor, that's your second option.
As you can see, the state of Illinois takes drunk driving very seriously.
The author of the blog states that while not many pardon requests are granted by the governor, there actually are attorneys who will make the attempt. And since it's an election year, just imagine the political risks involved in pardoning someone who was busted for driving drunk. In other words, it's probably safe to say it's not really an option.
And if Gov. Quinn loses the election? It's still next to impossible, but probably a little less impossible than if he wins.
But if you were found not guilty (DUI trials are extremely rare) or if your case was dismissed, which is a little more common and often has to do with due process errors by the police, you may want to call a Chicago DUI attorney to see how you can clear your name.
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Jani Lane was arrested in Woodland Hills, California on May 9 after he allegedly crashed into a parked car and registered twice the legal limit for blood-alcohol content. No one was injured in the incident.
If you're curious, a Chicago DUI lawyer could better explain how repeat offenders are typically sentenced.
]]> The rocker also will lose his driver's license for three years and is required to complete a 30-month alcohol dependence program in addition to his jail time. He's expected to surrender to authorities on July 27, according to the Toronto Sun.Toronto Sun reporters also noted that Jani Lane spent two days in jail and 36 months on probation for his prior DUI conviction, meaning the much stiffer sentence this time likely was a probation violation.
Celebrity gossip Web site Popeater.com said 46-year-old Jani Lane (who still wears his rock star makeup, by the way) was arrested by the same officer who hauled him in last time. And, it noted, he also hit a parked car in his previous DUI incident.
Rock stars, unless you're the Rolling Stones, usually have very short shelf lives. According to a description by Popeater, Jani Lane is no exception:
A bloated, sauced and generally downtrodden Lane appeared on the 2005 season of VH1's 'Celebrity Fit Club.' After cleaning up his act, Lane reunited with Warrant, only to leave the group again in 2008.
So much for "cleaning up his act."
Everyone charged with a DUI has the right to legal representation. And even if you believe you won't be able to maintain your innocence, Chicago DUI lawyers can help provide a relatively soft landing.
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Illinois enacted a ban on sending or reading text messages while driving on Jan. 1, as an ABC Chicago article explains. But while Chicago DUI lawyers don't typically handle distracted driving cases, distraction is strikingly similar to intoxication and often just as dangerous.
Today's smart phones are the Swiss Army Knife of road trips. Many of them run applications for finding cheap gas, inexpensive hotels and traffic updates; while most phones nowadays come equipped with GPS-enabled navigation software.
]]> But if you enjoy your handheld device, just make sure you're not the one driving. If you live in Illinois, you already know the drill by now: Pull over if you need to read or send a text message, or at least wait until you're stuck in a traffic jam.As of now, 30 states have enacted laws banning texting while driving.
The article details a few of the more popular road trip routes in the country, starting with the "Mother Road" along the legendary Route 66 from Chicago to Santa Monica, California. First of all, it's important to remember that Chicago bans the use of handheld phones while driving entirely, while Illinois only prohibits texting while driving.
Missouri bans texting while driving for motorists under the age of 21, while Kansas bans the practice altogether. Texas law bans text messaging and the use of handheld devices while driving in school crossing zones only.
Oklahoma will ban texting while driving in November, but neither Arizona nor New Mexico has texting-while-driving laws on the books. California motorists are prohibited from using handheld devices, except with a hands-free device, or texting while driving.
The article provides much more detail; but most of all, enjoy your trip.
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Her boyfriend, Cecil Conner Jr., lost control of the car and wrapped it around a tree, which resulted in her son's death. He was cited for an aggravated DUI.
]]> Kathie LaFond sued the Chicago Heights Police Dept. for negligence related to her son's death. She claims to have told police that Cecil Conner was drunk. Her attorney, Mark Horwitz, said he believes the department is engaged in a cover-up after allegedly handing the keys to her intoxicated boyfriend:"We have something on the tape that says, 'We're sitting in a room right now and [Conner] stinks of alcohol.' They know something's going to happen."
Cecil Conner, on the advice of his Chicago DUI attorney, pleaded not guilty to the charges before him.
But according to crash reports and police audio recordings obtained by the newspaper, Kathie LaFond actually told detective Peter Fajman to let him drive:
"She did not tell the officer Cecil had been drinking."
Police officials reiterated their assertion that she did not indicate that he was drunk and they claim there were no signs that he was over the limit. But Steger Sgt. Gerald Ruff, who was the first to arrive at the scene of the crash, said Cecil Conner couldn't say what his own address was, smelled of alcohol and fell over backwards.
In his own estimation, Cecil Conner was "at least twice if not triple the limit," with regard to his blood-alcohol content. "You can just smell how strong the alcohol is there," he added.
The new revelations cast a heavy shadow of doubt on the Chicago Heights Police Dept.'s story of what happened, even as their own reports dispute Kathie LaFond's account.
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While this was only his second actual conviction for a DUI, the first was in 1991, the November 2005 accident resulted in the serious injuries of another motorist and could have led to a much stiffer sentence.
]]> He ran a red light while over the legal limit and hit a Dodge Caravan, propelling it 100 feet, resulting in the driver's broken pelvis. The 18-year-old driver also suffered a severed tendon in her hand, bruised kidneys and shards of glass embedded in her face, according to the Chicago Daily Herald.She also had burns on her neck caused by her seat belt, which likely was better than if she had not been wearing a seat belt at all.
Timothy Winfield apologized to the victim and her family in exchange for prosecutor's promise not to seek more than a three-year jail sentence. He could have been sentenced to as much as 12 years in the big house.
In addition to the 30-day jail sentence and the requirement of wearing a SCRAM alcohol-monitoring ankle bracelet (made famous by Lindsay Lohan, as this blog has reported); he will serve another four months in DuPage County's work-release program, serve 30 months of probation, perform 150 hours of community service and continue a counseling program.
Calling his record of multiple DUI arrests "a road map to disaster," prosecutor Michael O'Donnell argued for the stiffer but still lenient three-year jail term:
"The system failed in this case. Mr. Winfield should not have been legally behind the wheel in 2005. A split second either way and we could be talking about something far more serious."
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Fair Warning, a non-governmental organization that serves as a corporate watchdog, linked to a 10-page internal DRIVE document describing its efforts to push back against campaigns to limit mobile phone use in the car (PDF).
The rationale for the mobile industry's resistance to distracted driving laws is simple: Fears about the dangers of texting and driving (some, including Oprah, have advocated against all mobile phone use while driving) translates into fewer minutes and thus lower profits.
]]> While Chicago motorists typically wouldn't hire Chicago DUI lawyers to defend against a texting while driving ticket, which is just an infraction, there are many similarities.Still, business is business. The DRIVE memo outlines its concerns:
"In less than six months, a benign debate about teens and texting has morphed into a full-throttle assault on mobile technology. With industries remaining silent, national transportation authorities and media celebrities have hijacked the debate, a dire consequence to reasonable regulation."
The so-called "benign" debate has escalated into pleas by heartbroken mothers grieving over the loss of their children who demand tougher regulations, akin to DUI laws. DRIVE is hoping to recover lost ground and shift the debate from regulation to driver awareness while "providing industry cover," according to the organization's own memo.
The lobbyists thus far are still looking for companies to join the DRIVE campaign, which could be derailed by its public outing.
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Edward Dixon, the 28-year-old driver of the 2004 Chevrolet Impala, was charged with a DUI. He and a backseat passenger suffered non-life-threatening injuries; but 28-year-old front-seat passenger Maurice A. Horton was killed after being partially ejected from the car after the driver lost control.
]]> The driver's Chicago DUI lawyer no doubt will explain to his or her client the seriousness of a DUI charge resulting in death. Illinois law imposes particularly stiff penalties for fatal DUIs that usually include jail time, according to FindLaw.An earlier report of the deadly crash in the Sun-Times includes a picture of the crushed Impala, which reportedly flipped several times after Edward Dixon lost control. None of the three people in the vehicle were wearing seatbelts at the time of the incident, according to Illinois State Police District Chicago Master Sgt. Jeff Grendzinski.
Police are still looking for the other vehicle that was racing at the time of the crash, or anyone who witnessed the incident. State Police are asking any potential witnesses to please call (847) 294-4400.
As if drag racing while under the influence of alcohol wasn't enough, not wearing a seatbelt just made the situation that much more dangerous; as the passenger who was partially ejected and killed likely would still be alive if he had buckled up.
As with all criminal charges, including DUI, the defendant is presumed innocent until proven guilty. Although the article does not say exactly how police collected evidence that Edward Dixon was intoxicated (likely a breathalyzer), his Chicago DUI attorney should be able to help him get the most favorable outcome possible -- even if he's convicted.
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Very few people would calmly accept their punishment, even if it's clear they messed up, but Lindsay Lohan seems to think it's a violation of her human rights.
To be fair, the judge sentenced her to a much longer sentence than the 30 days sought by prosecutors; but if she actually believes she's above the law because she's a celebrity, it might be wise to keep those thoughts to herself.
]]> Instead, she Twittered her frustration over what she believes is a "constitutionally perverted" justice system. She's not the first one to criticize the U.S. legal system, but usually such complaints don't involve celebrities who thumb their noses at the terms of their drug-related probation:"It is clearly stated in Article 5 of the U.N. Universal Declaration of Human Rights that ... 'No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.'"
Torture? Degrading treatment?
Most Chicago DUI lawyers, many of whom perhaps have similar complaints, no doubt would laugh at Lindsay Lohan's dramatic anguish. But the more compassionate among them also would recognize the young actress' need for help.
Lindsay Lohan burst into tears after the judge read her sentence, which came after the star violated probation in a 2007 drug case by failing to show up for court-ordered drug and alcohol education classes, according to another CBS article. She also famously wore a SCRAM alcohol-monitoring bracelet following a DUI; the device sent an alert that she had been drinking at MTV Movie Awards after-parties.
She spent 84 minutes in jail following a 2007 guilty plea for driving under the influence of alcohol and being under the influence of cocaine. She is supposed to surrender to authorities on July 20.
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If it catches on and goes into heavy use, the small devices could cut into Chicago DUI lawyers' business. And at $69.99, they're much cheaper than paying the fines, legal fees and other costs associated with a DUI.
]]>The cost of ownership is a little higher than the initial price tag, since the devices must be calibrated at least once a year (depending on how often it's used), which costs between $19.99 and $29.99. The Iowa company's Web site suggests that customers who use it a few times a month would need to calibrate the AlcoHawk every six months.
But still, that's a heck of a lot cheaper than the alternative.
Post-Dispatch reporter Evan S. Benn, who received a test unit, said he took it for a "test spin" in his living room. He ate what he described as a "normal-size" dinner before consuming three 12-ounce beers averaging about 8 percent alcohol content each in the span of two hours. After one hour, he registered a .08 percent on the AlcoHawk, the legal limit in Missouri and Illinois.
He drank another beer an hour later, raising his blood-alcohol content slightly to .09 percent. He switched to water and tried it again after another hour, blowing a .09 again. His review was positive and he said it helps eliminate the guesswork of determining when you've had too much:
The bottom line: I'd rather be caught blowing into a personal breathalyzer at the end of a night than be doing it on the side of a road while a police officer tests me for DWI.
While such a device holds great promise, Chicago DUI attorneys always will be valuable allies when a night on the town goes awry.
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Szymon Zawadzki's Chicago DUI lawyer may advise his client to plead guilty to the four counts of aggravated DUI, two for DUI resulting in death and two for DUI resulting in great bodily harm, unless he or she has a plan to defend against the charges. He also was charged with improper lane usage, failure to reduce speed to avoid an accident and driving without insurance.
But even though he's only 20, the article didn't mention charges related to underage drinking. His blood-alcohol concentration at the time of the crash also was not reported.
]]> Veronica Rojas, 18, and 17-year-old Natalie Stygar were sitting in the back seat at the time of the accident and died at the scene. The youngsters were reportedly celebrating Veronica Rojas' birthday. Two other female passengers, an 18-year-old and a 15-year-old, suffered minor injuries.An Evanston civil engineer who spoke with the Times-Tribune on the condition of anonymity said he looked at the crash scene out of curiosity. He said the S-curve on Sheridan Road where the incident took place is relatively safe, implying that the defendant's Illinois DUI attorney may try to defend his client's charges based on road conditions:
"The traffic volume is pretty high and clearly the visibility is not that great. But in looking at it, it looks like it's a pretty safe environment."
Police said they believe the car was traveling more than 60 mph, perhaps without its headlights, when it entered the 20-mph zone.
A memorial was established at the tree where the car eventually stopped, one day after last Monday's tragic accident.
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He was released on $2,000 bail after initially being held at the Clark County Jail. His next court date is scheduled for Sept. 27.
But the singer is no stranger to drunk driving charges. He was arrested in Las Vegas three years ago for a DUI after police stopped him (driving a Ferrari) for reckless driving, according to TMZ. He pled no contest to reckless driving in exchange for having the DUI charges dropped.
]]> Although Illinois DUI law is particularly tough, as Chicago DUI lawyers would tell you, Nevada law also comes down hard on DUI convicts. Had he been convicted or pleaded guilty to the 2007 charges, a second conviction would have resulted in mandatory jail time of 10 days to six months.Vince Neil's drunk-driving record stretches back more than 20 years. During Motley Crue's prime in 1984, Vince Neil was arrested for a DUI after a drunken car crash claimed the life of his passenger, as the Daily Mail reminds us. He served prison time for that incident.
Even more embarrassing for the aging rocker, he gave an interview to the Associated Press last week ahead of the forthcoming release of his tell-all book describing his "past" struggles with alcohol abuse, CBS News reported. He said he admired performers who have given up alcohol and drug abuse and that he no longer abuses alcohol:
"There's just a point in your life where you kind of stop, that's what happened with me. There's other things in life than just drugs and alcohol."
DUI suspects are innocent until proven guilty, but the recent arrest doesn't really help his attempt at cleaning up his image.
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The woman has a tough act to follow, though. Members of the Kendall County jury heard testimony from still-mourning parents and from the surviving teenage passengers.
Sandra Vasquez's Illinois DUI attorney claims her blood-alcohol content reading, recorded at 0.124 percent, was skewed by vomiting before the test. Instead of intoxication, her attorney insists the crash was caused by one of the teenagers grabbing the steering wheel or kicking the back of her seat.
]]> Kendall County State's Attorney Eric Weis countered that evidence from blood analysis, crash reconstruction, testimony from eyewitnesses and Sandra Vasquez's own statements prove that she was intoxicated at the time.Whatever the trial uncovers, the loss of five teenagers was an undeniable tragedy. Mike Nutoni, whose daughter Jessica Nutoni died in the crash, said he couldn't recognize her face from the Oswego crime scene photograph and therefore wasn't able to confirm her identity:
"I said, 'It's not my daughter. Take DNA from me.' I'm not used to seeing my child like that."
Sandra Vasquez's Boulder Hill cousin hosted the underage drinking party after the cousin's parents left for the evening. Christina Melero, the defendant's aunt and the owner of the home, said she and her boyfriend returned after 1 a.m. and kicked everyone out after discovering the party. But she testified that her niece was not intoxicated:
"If she was drinking, if she smelled like alcohol, I would not have let her drive."
Accidents sometimes happen in the absence of alcohol, so let's not rush to judgment. Still, her Illinois DUI lawyer certainly has his work cut out for him.
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And while Illinois State Police made 3 percent more arrests in 2009 than 2008, DUI arrests by the Chicago Police Dept. actually declined by nearly 18 percent. Although Chicago DUI attorneys could probably provide more contexts, it's not clear whether fewer Chicagoans are driving drunk or if the city has fewer resources to enforce DUI laws.
]]> Still, AAIM executive director Charlene Chapman said data shows that Cook County has the strongest DUI enforcement in the state:"More DUI arrests in Cook and DuPage counties don't necessarily mean there are more drunk drivers in those regions than in the rest of the state. It does indicate a more active enforcement effort targeting DUI by those departments compared to other departments."
And since different municipalities have different populations, raw numbers are probably less telling than per-capita figures.
However, the police department with the highest DUI arrest rate as measured by arrests per officer was in River Grove; that department recorded 8.83 arrests per sworn officer.
A Chicago Tribune article broke down and analyzed the data, explaining that men ages 21 to 24 had a DUI arrest rate more than four times the average for all other demographic groups. Evanston saw the largest spike in arrests last year, at 75 percent, credited to increased monitoring of bars after closing time.
Naperville's low crime rate and clogged roadways puts DUI enforcement as a higher priority, according to Cmdr. John Gustin:
"Our training and our focus is on intoxicated motorists. I think we detect DUIs that possibly other agencies do not."
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But if you've been convicted of a DUI and want to look as fashionable as Lindsay Lohan, ask a Chicago DUI lawyer how you may be eligible to wear the device.
SCRAM spokeswoman Kathleen Brown told reporters that the device is "like a breathalyzer for your ankle." That's the quick pitch, but it actually works quite differently than the standard breath-test apparatus.
]]> The SCRAM bracelet, worn on the offender's ankle, automatically measures alcohol content in the wearer's sweat every 30 minutes. It's reportedly so sensitive that it catches blood-alcohol concentration levels as low as 0.02 percent, which is roughly equivalent to one drink or less per hour.And if you try to slide it off your ankle before going out on a bender, the bracelet sends an alert. A record of the wearer's alcohol levels is sent to the company's data center once a day.
Although some online blogs claim that soaking the bracelet in ice water masks alcohol readings, Kathleen Brown said that actually would cause it to send an alert that the wearer is attempting to tamper with it. Another online listing for "beating the SCRAM" actually suggests putting a piece of bologna between the device and your ankle; needless to say, that doesn't work either.
And Kathleen Brown said that if a drink is spilled directly onto the device, as Lindsay Lohan claimed happened to her, there are ways to detect that as well:
"Our confirmation process includes an evaluation that ensures there is no chance that an alcohol alert is anything but consumed alcohol."
The only possible cause of a false-positive, according to a Chicago DUI attorney mentioned in the article, is baked goods. Yeast, specifically, can cause the body to produce alcohol.
Last we checked, Lindsay Lohan didn't eat more donuts or bagels than the average wafer-thin Hollywood celebrity.
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He now faces charges of aggravated battery to a police officer, aggravated fleeing police, misdemeanor reckless driving, driving without a license, failure to obey a police order, operating a motor vehicle without insurance and having alcohol in the car, in addition to the DUI charge.
It may take more than your average Chicago DUI lawyer to defend against those charges.
]]> Rogue Dooley allegedly made an illegal U-turn in traffic with his 1997 ford F-150 pickup truck and was stopped by the bicycle officer. He then allegedly pulled away when the officer asked for his identification, dragging him down the street with him. Either the officer or his bike (the report wasn't clear) became tangled in the man's seatbelt as he was trying to flee.Police officials said he stopped about 30 feet from the original traffic stop only after heavy traffic blocked his path.
Paramedics arrived on the scene and treated the officer, who was taken to Northwestern Memorial Hospital in "good to fair condition," according to Fire Media Affairs spokesman Richard Rosado. The officer was checked out of the hospital soon after.
Rogue Dooley underwent a breathalyzer test but the results were not released to the media.
The article did not indicate a possible sentence for Rogue Dooley, should he be found guilty of battery or any combination of the other charges against him. But it's likely he'll be taking up residence in Illinois if there are no surprises.
An experienced Illinois DUI lawyer can't undo past mistakes but can help you get the best possible outcome if you're involved in a messy DUI case.
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