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Recent Blog Posts
NHTSA and MADD Push for Ignition Interlocks for First DUI Offense
The National Highway Traffic Safety Administration (NHTSA) and Mothers Against Drunk Driving (MADD) have joined forces to push for the requirement of first time drunk driving offenders to use ignition interlocks that would stop the offenders from being able to start the vehicle if they had been drinking. Both organizations are urging all states to adopt that requirement.
Currently, twenty states and four counties in California have adopted the requirement of ignition interlocks for drivers who have been convicted of driving under the influence. In Illinois, an ignition interlock is only required for drivers who have requested permission for a restricted license, while still under suspension. It is also required for individuals who have multiple DUI convictions.
When an ignition interlock has been installed in a car, a driver has to blow into the device in order to give a breath sample. If the device reads a blood alcohol content of .05 or higher, the vehicle will not start. If the reading is negative for alcohol, the vehicle will start up. While the vehicle is in operation, the driver is required to provide random readings to ensure the driver’s blood alcohol level is still negative.
Ban on Social Network Sites Upheld by Court
An appeals court in New Jersey recently upheld the ban that prohibits paroled sex offenders from being able to utilize social media sites like Facebook, Twitter and LinkedIn. The decision was made by three judges in response to a challenge of the ban by two paroled offenders. The offenders argued to the court the ban, which was passed last year, was too broad and also claimed it was a violation of their free speech.
The three judges agreed that social network sites have become an integral part of society, however, they ruled that the courts had legitimate reasons for keeping these offenders off the sites. The panel cited a 1995 New Jersey Supreme Court case which found that sex offenders are more likely to repeat a crime than other types of offenders.
Wrong-Way Driver Charged With DUI
Gilberto Vanegas, 62, of Chicago was "charged with driving under the influence of alcohol, traveling in the wrong direction and failure to reduce speed to avoid an accident," according to a police press release and as reported by the Chicago Tribune. Vanegas was apprehended in a 2007 Chrysler minivan on I-90 after his van stopped just short of an Illinois Department of Transportation snowplow. If the snowplow hadn’t been out on the road it’s likely that Vanegas wouldn’t have slowed or stopped at all. His minivan did strike a retaining wall several times before coming to a stop, however, according to the Chicago Tribune.
According to a publication issued by the National Transportation Safety Board (NTSB), "wrong-way collisions," such as one Vanegas could have caused if he hadn’t been stopped by the snow plow, "account for only about 3 percent of accidents on high-speed divided highways, but they are much more likely to result in fatal and serious injuries than are other types of highway accidents." One study conducted by the Virginia Department of Transportation found that the fatality rate for wrong-way collisions is up to 27 times higher than other types of accidents.
Chicago Man Charged in Fatal DUI Crash
Aaron I. Moore was charged with "two counts of aggravated driving under the influence of alcohol resulting in death; two counts of aggravated driving under the influence of drugs resulting in death; and two counts of leaving the scene of a fatal crash," according to the Chicago Sun-Times. Moore, 26, was driving on a Sunday morning in mid-January on the Eisenhower Expressway, when his Durango slammed into the back of Windstar van that had stalled near the First Avenue exit. Both the van’s driver and backseat passenger died on impact, according to the Sun-Times. "Moore and a 25-year-old woman who was in the SUV with him were taken to an area hospital with non-life-threatening injuries," reports the Sun-Times. 
Court Cracks Down on DUI Offenders Failing to Meet Obligations
At the beginning of January in Cook County, according to ABC Local News, the "sheriff’s office is conducting a sweep for people with DUI arrests who failed to appear in court or meet court-ordered obligations." Each year in Cook County, ABC Local reports, there are more than 600 criminal warrants in drunk driving. Due to budgetary constraints, time, and lack of available police resources, it’s difficult to continue to track DUI offenders after they’ve received their sentencing. "The mission [at the beginning of January] has been to whittle down that number and get repeat offenders off the street," reports ABC Local.
According to the 2013 Illinois DUI Fact Book, a publication from the office of the Illinois Secretary of State Jesse White, about 15 percent of all drivers arrested for DUI are repeat offenders. This is a scary statistic, when considering that "323 people were killed in alcohol-related crashes," a full 35 percent of total crash fatalities in the state. "Males ages 21–24 had the highest DUI arrest rate," the Fact Book reports, "about 17 per 1,000 licensed drivers."
Driver Charged with Aggravated DUI in Crash that Killed Illinois Police Officer and K-9 Partner
A man who was allegedly involved in an accident that killed a police officer and his K-9 partner was charged with aggravated DUI in Illinois.
According to CBS Chicago, Jason C. Collins was driving on I-55 north of Route 23 when his pickup truck left the road and struck a marked police car in the center crossover around 9:30 p.m. on October 30,2013. The collision killed Pontiac Police Officer Casey Kohlmeier and his K-9 partner Draco. Collins was taken into custody after being released from the hospital and was charged with aggravated DUI.
Kohlmeier was a U.S. Air Force veteran and a well-respected member of the Pontiac police force and the community. According to the department, "Casey was a dedicated, honorable employee who was deeply committed to law enforcement and to the community he will be greatly missed." He joined the Pontiac police force in 2007 and was assigned to the Livingston County Pro-Active Unit.
Driver’s License Reinstatements in Illinois
If you have lost driving privileges as part of a criminal charge in Illinois, you need to speak with an attorney about the process of getting your license reinstated. Don’t attempt to drive when your license is suspended, because the consequences go beyond typical traffic violations.
At the bare minimum, being caught driving under a suspended license is a Class A misdemeanor with a possible fine of $2,500 and as many as 364 days spent in jail. Depending on your record, the penalties can get stiffer: you can spend up to seven years in prison with fines of up to $25,000.
You might be eligible to receive a restricted driving permit or reinstatement. You can only get your driving privileges reinstated on or after your eligibility date. If you haven’t reached your eligibility date yet, you could get a restricted driving permit. You would need to provide evidence of "undue hardship" as a result of lost driving privileges. Examples of undue hardship include medical care or daycare for children or elderly individuals, or court ordered community service or employment. You’d need to contact a hearing officer in order to start the ball rolling on this process.
Average Cost of a DUI in Illinois
Receiving a DUI conviction in Illinois can wreak havoc on your personal finances. According to CyberDrive Illinois, drivers who are convicted of driving under the influence can expect to pay more than $16,000 on average, with additional costs possible if an accident occurs and people are injured, or if a jury trial is required.
When you are arrested on a DUI charge, your vehicle will be towed and stored at a law enforcement facility. This can cost drivers as much as $250. Furthermore, drivers who are convicted can be charged a fine of up to $2,500, court costs of up to $750, and a required contribution to the trauma center fund of $100. That’s up to $3,600 in court costs alone, not including legal fees. An uncontested plea in court and a hardship driving permit will cost drivers an additional $2,000. Drivers who are required to have a BAIID device installed will pay another $100 for installation and $120 per month in rental and monitoring charges.
Chicago Ambulance Driver Charged With Drunk Driving
John Lara, 31, of LaGrange, was driving a private ambulance when he crashed into another vehicle on the North Side of Chicago in mid-December, according to CBS News Chicago. His lights and sirens were blaring when he hit a pickup truck at the corner of Clark and Montrose, and police immediately noticed the strong smell of alcohol on him, according to CBS. They also noticed, "Lara’s eyes were glassy and his speech was slurred."
Though his lights were on and the sirens blasting, "he was the only one in the ambulance, and was headed to Advocate Illinois Masonic Medical Center to pick up a patient," according to CBS. When police tested him, Lara’s blood alcohol level was three times the legal limit, they told CBS. "He has been charged with aggravated driving under the influence, disobeying a stop signal, negligent driving, failing to carry a driver’s license, and other offenses," reports CBS. Both Lara and the man in the pickup truck he slammed into suffered minor injuries, according to DNA Info.
Lower BAC Threshold for DUI Charges On High Risk Weekends?
The holiday season is a great time to spend with family and friends at parties, dinners, and other festive events. For some, the celebrations also include the imbibing of drinks--beer, wine, hot toddies, and more. Of course, this presents the risk that, when it is time to go home, one may get behind the wheel while under the influence. This is never a smart move, often leading to serious accidents, DUI charges, or both.
The prevalence of drinking and driving around certain holidays is well-known. It usually results in law enforcement officers stepping up their enforcement efforts around these times. In fact, some are even proposing changes the laws related to DUIs around certain high-risk holidays in order to further deter drunk driving.
Holiday DUIs
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