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Reckless Homicide Vehicular Homicide

admin — Sat, 05 May 2012 16:08:39 +0000

Reckless homicide (commonly referred to as Vehicular Homicide) is where a death results from the reckless driving of a motor vehicle. Under Illinois law, the reckless homicide statute is the same as involuntary manslaughter– but where driving a car is involved. Said another way, reckless homicide is the unintentional killing of a person while driving a vehicle— or although you didn’t mean to kill anyone, your reckless conduct while driving caused a death.

So the question then becomes, what constitutes “recklessness” for purposes of a vehicular homicide? The law defines “reckless” as a conscious disregard of a substantial and unjustifiable risk that his or her acts are likely to cause death or great bodily harm to some individual, and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. In plain language, recklessness is taking an unneccessary risk that most people would consider likely to harm someone. It is more than mere negligence yet less that wilful and wanton conduct.

In a reckless homicide case, although the death of someone was involuntary, the state must prove that the reckless act was voluntary. The state is required to prove the defendant’s mental state. For example, speeding through a contruction zone, in the rain, is a conscious choice that the driver has made. Therefore it is an intential act. The mental state is usually proven by the prosecution through evidence of the particular facts of each case. For example, although evidence that a defendant was speeeding is not by itself enough evidence to sustain a conviction for reckless homicide, a combination of speeding and other factors such as drag racing on a suburban, residential street, may be enough evidence to demonstrate a conscious disregard of a substantial risk likely to cause death or great bodily harm to others, and the circumstances are such that a reasonable person would have acted differently in the same situation. Most of us would not drag race in a family oriented neighborhood where there is a substantial likelihood that children would be present.

So in an actual Reckless Homicide prosecution, recklessness is inferred from all of the facts and circumstances –which, by the way, includes evidence of whether the driver was intoxicated. According to Illinois law, the court will automatically presume the state has met its burdern of proving recklessness if the driver is found to have a blood alcohol content over the legal limit at the time of the accident. In legal language, the court will find that there is prima facie evidence of a reckless act necessary to sustain a reckless homicide conviciton. Prima facie denotes evidence that – unless rebutted – would be sufficient to prove a particular proposition or fact.

Although proof of intoxication will always be proof of recklessness, you can still be charged with reckless homicide if you are completley sober. Again, it is the total circumstances that can add up to recklessness, (ie., driving sober, but backing up on an exit ramp, or transporting a baby on your lap).

The prosecution does not have to prove that the reckless conduct was the sole and immediate cause of death. They need only prove that the reckless conduct was a contributing cause or that the death was not caused by a wholly independant act. For example, a person can be found guilty of reckless homicide even if another car’s negligence contributed to the collison or if the victim died from an EMT’s negligence at the scene.

If you are charged with reckless homicide or vehicular homicide or aggravated DUI involving death, you need an experienced Chicago DUI lawyer with a proven record of results. Erickson & Oppenheimer, Ltd. is a premier Chicago DUI law firm with over 40 years of experience in winning DUI’s. Erickson & Oppenheimer, Ltd. has won 3 1st Degree Murder jury trials in a row. EricksonandOppenheimer.com

DUI Sentencing: Toughest in the Nation

admin — Mon, 09 Apr 2012 05:41:20 +0000

Illinois law imposes some of the toughest DUI Sentencing in the United States and the sentencing gets tougher every year. And as the sentencing gets tougher, it gets more complicated. Recently, the Illinois legislature made it much easier for the Chicago Police to charge a DUI offender with felony DUI or Aggravated DUI. Your DUI arrest will qualify as a felony if 1) it is your 3rd offense, 2) you are driving on a suspended or revoked license or have no valid license, 3) you are driving without insurance, 4) the DUI results in bodily harm to a child under 16 years of age, 5) the DUI caused death or great bodily harm to someone (including your passenger), 6) the driver has prior reckless homicide or similar offense involving a death on an ATV, boat or snowmobile, 7) the DUI results in the injury to someone 16 or younger, 7) the DUI results in an accident with injuries in a school zone, 8) DUI while operating a school bus with children onboard

For a first offense, DUI is a Class A misdemeanor, which carries a potential penalty of supervision up to a year in jail and a fine of $0 to $2,500. There are mandatory fees and fines imposed by the legislature which include a DUI Tech fee of $750 and a Roadside Memorial Fund fee of $50. However, if you blood/alcohol is .16 or greater, there is a mandatory 100 hours of community service and a mandatory minimum fine of $500. If you have a passenger under 16 years old, you are subject to 6 months in jail or 25 days community service in a program that benefits children. There is a mandatory fine of $1000 to $2,500.

A 1st time DUI is a Class 4 felony (1 to 3 years in prison) if the DUI results in harm to somone under 16 years old. The fine can range from $2,500 to $25,000 plus 25 days of community service in a program benifitting children and (if given a senctence of probation) a mandatory minimum of 10 days in jail or 480 hours of community service.

A 1st time DUI is Class 4 felony (1 to 3 years in prison) if you don’t have a valid driver’s license or insurance. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service.

A 1st time DUI is a Class 4 felony if you are driving a school bus with passengers who are under 18 years old.

A 1st time DUI is a Class 4 felony if you are driving in a school zone with a limit of 20 mph in effect and there is an accident with bodily harm. The harm does not have to be great bodily harm. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service.

A 1st time DUI is a non-probationable Class 3 felony (2 to 5 years in prison) if the driver has a prior Reckless Homicide.

A 1st time DUI is an extendable Class 4 felony (1 to 12 years) if there is an accident which results in Great bodily harm, permanent disability or disfigurement. It is probationable up to 30 months with a mandatory 10 days in jail or 480 hours of community service and a minimum fine of $2,500.

A Second Offense is also a Class A misdemeanor however you are not eligable for Supervision. A finding of guilty on a second offense results in a mandatory conviction and the revocation of your driving privileges. The court can impose a fine of up to $2,500. The is a mandatory mimimum of 5 days in jail or 240 of community service and a $1,000 technology fee and $50 Roadside Memorial Fund fee.

A 2nd DUI is a Class 4 felony if you have a prior reckless homicide.

A 2nd DUI if your blood/alcohol content is greater than .16 requires 7 days in jail and a mandatory minimum fine of $1250.

A 2nd DUI is a Class 2 felony (3 to 7 years in prison) or probation up to 48 months and a minimum fine of $2,500 plus 25 days of community service in a program benefitting children and a mandatory 10 days in jail or 480 hours of community service if you have a passenger under 16 years old.

If the 2nd DUI results in bodily harm to a passenger under 16 years old it is a Class 2 felony (3 to 7 years in prison) or probation up to 48 months and a minimum $5,000 to $25,000 fine plus 25 days community service in a program bennefitting children and a mandatory minimum 10 days jail or 480 hours community service.

A 2nd DUI is an extendable Class 4 felony (1 to 12 years in prison) and a minimum fine of $5000 if an accident causes great bodily harm, disability or
disfigurement to any person. It carries a minimum fine of $5,000 plus 25 days community service in a program benefitting children. A sentence of probation requires a mandatory minimum 10 days jail or 480 hours community service.

A 2nd DUI while your license is suspended, revoked, or you have no insurance is a Class 4 felony (1–3 years) or Probation up to 30 months and a mandatory
minimum 10 days jail or 480 hours community service.

A 2nd DUI with a prior Reckless Homicide, or prior DUI resulting in death, is a non-probationable Class 3 felony (2 to 5 years in prison).
non-probationable 2–5 years

A 2nd DUI with an accident that results in great bodily harm is a Class 4 felony (1–3 years in prison) or probaton up to 30 months and a mandatory minimum 10 days jail or 480 hours community service. The minimum fine is $5,000.00.

A Third DUI Offense is a Class 2 felony (3-7 years in prison) or probation up to 48 months and a mandatory minimum 10 days jail or 480 hours community
service. There is a mandatory DUI Technology fee of $1,000.00 and a $50.00 Roadside Memorial Fund fee. Fines up to maximum of $25,000.00.

A 3rd DUI with a blood/alcohol of .16 or greater requires a mandatory 90 days jail and a Mandatory minimum fine of $2500.00

A 3rd DUI with a passenger less than 16 years old requires a mandatory minimum fine of $25,000.00 and Mandatory 25 days community service in a program benefitting children.

A 3rd DUI with great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) with 480 hours community service

A Fourth DUI Offense is a non-probationable Class 2 felony (3 to 7 years in prison) and a DUI Technology fee $1,000.00, a $50.00 Roadside Memorial Fund Fee and a Maximum fine of $25,000.00.. If your blood/alcohol content is .16 or greater, there is a mandatory minimum fine of $25,000.

A 4th DUI with a passenger less than 16 years old requires a minimum fine of $25,000 and a mandatory 25 days of community service in a program benefitting
children.

A 4th DUI resulting in great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) and 480 hrs. community service.

A Fifth DUI Offense is a non-probationalbe Class 1 Felony (4 to 15 years in prison) and a DUI Technology fee of $1,000 plus a$50 Roadside Memorial Fund Fee and a maximum fine of $25,000.

A 5th DUI where your blood alcohol is .16 or greater requires a mandatory Minimum fine is $5,000.

A 5th DUI where you have a passenger less than 16 years old requires a minimum fine of $25,000 and a mandatory 25 days of community service in a program benefitting children.

A 5th DUI resulting in great bodily harm, disability or disfigurement is an extendable Class 2 felony (1 to 12 years in prison) with 480 hours of community service.

A Sixth DUI Offense is a non-probationalble Class X Felony (6 to 30 years in prison) and a DUI Technology fee of $1,000 plus a $50 Roadside Memorial Fund Fee and a Maximum fine of $25,000

A 6th DUI with a blood/alcohol content of greater than .16 requires a mandatory minimum fine of $5,000.

A 6th DUI with a passenger less than 16 years old requres a minimum fine $25,000 and a Mandatory 25 days of community service in a program benefitting children.

A 6th DUI that results in great bodily harm, disability or disfigurement is a Class 2 felony, from 480 hrs. community service to 1–12 years imprisonment (note: combining 1–12 years great bodily harm requirement)

A DUI Resulting in Death is an extendable Class 2 felony with 3-14 years in prison for one death and 6 to 28 years in prison for 2 or more deaths. Probation is only available where the Judge finds extraordinary circumstances.

DUI laws in Illinois are complicated and tough. You need an experienced, aggressive Chicago DUI attorney to fight for your freedom. Erickson & Oppenheimer, Ltd. have been achieving not-guilties for over 20 years.

DUI Law in Illinois

admin — Mon, 09 Apr 2012 00:21:35 +0000

5/11-501. Driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination
thereof
§ 11-501. Driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof.

(a) A person shall not drive or be in actual physical control of any vehicle within this State while:

(1) the alcohol concentration in the person’s blood or breath is 0.08 or more based on the definition of blood and breath units in Section 11-501.2;

(2) under the influence of alcohol;

(3) under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

(6) there is any amount of a drug, substance, or compound in the person’s breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the
Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.

(b) The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this Section.

(1) Except as
otherwise provided in this Section, any person convicted of violating subsection (a) of this Section is guilty of a Class A misdemeanor.

(2) A person who violates subsection (a) or a similar provision a second time shall be sentenced to a mandatory minimum term of either 5 days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.

(3) A person who violates subsection (a) is subject to 6 months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.

(4) A person who violates subsection (a) a first time, if the alcohol concentration in his or her blood, breath, or urine was 0.16 or more based on the definition of blood,
breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(5) A person who violates subsection (a) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or urine was 0.16 or more
based on the definition of blood, breath, or urine units in Section 11-501.2, shall be subject, in addition to any other penalty that may be imposed, to amandatory minimum of 2 days of imprisonment and a mandatory minimum fine of $1,250.

(d) Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any
combination thereof.

(1) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof if:

(A) the person committed a violation of subsection (a) or a similar provision for the third or subsequent time;

(B) the person committed a violation of subsection (a) while driving a school bus with persons 18 years of age or younger on board;

(C) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or
disfigurement to another, when the violation was a proximate cause of the injuries;

(D) the person committed a violation of subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or a similar provision of a
law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this
paragraph (1);

(E) the person, in committing a violation of subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent
disability or disfigurement, to another person, when the violation of subsection a) was a proximate cause of the bodily harm;

(F) the person, in committing a violation of subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the
death of another person, when the violation of subsection (a) was a proximate cause of the death;

(G) the personcommitted a violation of subsection (a) during a period in which the defendant’s driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section
9-3 of the Criminal Code of 1961;

(H) the person committed the violation while he or she did not possess a driver’s license or permit or a restricted driving permit or a judicial driving permit or a
monitoring device driving permit;

(I) the person committed the violation while he or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;

(J) the person in committing a violation of subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child
under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or

(K) the person in committing a second violation of subsection (a) or a similar provision was transporting a person under the age of 16.

(2)(A) Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or
drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony.

(B) A third violation of this Section or a similar provision is a Class 2 felony. If at the time of the third violation the alcohol concentration in his or her blood,
breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum of 90 days of imprisonment
and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the
defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall
be imposed in addition to any other criminal or administrative sanction.

(C) A fourth violation of this Section or a similar provision is a Class 2 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the
time of the violation, the alcohol concentration in the defendant’s blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(D) A fifth violation of this Section or a similar provision is a Class 1 felony, for which a sentence of probation or conditional discharge may not be imposed. If at the
time of the violation, the alcohol concentration in the defendant’s blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(E) A sixth or subsequent violation of this Section or similar provision is a Class X felony. If at the time of the violation, the alcohol concentration in the defendant’s
blood, breath, or urine was 0.16 or more based on the definition of blood, breath, or urine units in Section 11-501.2, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(F) For a violation of subparagraph (C) of paragraph (1) of this subsection (d), the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one
year nor more than 12 years.

(G) A violation of subparagraph (F) of paragraph (1) of this subsection (d) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary
circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons.

(H) For a violation of subparagraph (J) of paragraph (1) of this subsection (d), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(I) A violation of subparagraph (K) of paragraph (1) of this subsection (d), is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program
benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(J) A violation of subparagraph (D) of paragraph (1) of this subsection (d) is a Class 3 felony,
for which a sentence of probation or conditional discharge may not be imposed.

(3) Any person sentenced under this subsection (d) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community
service or 10 days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

(e) Any reference to a prior violation of subsection (a) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of subsection (a) of this Section.

(f) The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this Section shall not be suspended or reduced by the court.

(g) Any penalty imposed for driving with a license that has been revoked for a previous violation of subsection (a) of this Section shall be in addition to the penalty imposed for any subsequent violation of subsection (a).

(h) For any prosecution under this Section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction.

Cocaine, Crystal Meth, Cars and Cops: DUI & Drugs

admin — Sun, 08 Apr 2012 21:07:35 +0000

Driving Under the Influence does not just mean driving under the influence of alcohol. Driving under the influence of drugs (including legal perscription drugs) is illegal in Illinois. Although central nervous system stimulants such Cocaine, Crystal Meth and Dexedrine speed up the operation of the brain and spinal cord, they do not improve or enhance the performance of the brain and spinal cord. They cause the brain and nervous system to work harder but not better. In fact, because the brain and nervous system are working in over-drive, they are more prone to mistakes. Cocaine, Crystal Methamphetamine and Benzedrine significantly increase the heartbeat, respiration and blood pressure of the user. Stimulants can all cause nervousness, irritability and an inability to concentrate and think clearly.

Cocaine, Methamphetamine and pharmaceutical amphetamines such as Dexedrine, Benzedrine and Adderall all produce euphoria, or a felling that there are no problems. They may also cause a feeling of super strength and absolute self-confidence. With Cocaine, unlike meth and amphetamines, there is an anesthetic effect. Central nervous system stimulants tend to release the user’s inhibitions and impair the user’s ability to percieve time and distance. People under the influence of of Cocaine, Crystal-Meth or other “speed” drugs can become easily confused and lose the ablity to concentrate or to think clearly for any length of time.

In general, Cocaine is a fairly fast acting, but a short duration drug. When snorted, the user generally feels the onset within about 30 seconds and feels the effects for about 30-90 minutes. Because the high is relatively short lived and depending on the time of ingestion, the arresting officer may not be able to visually observe the effects on the user by the time the arrestee is brought into the station. Unless the arresting officer has been certified as a Drug Recognition Expert (and there are only a handful in and around Chicago) he cannot give an opinion based upon his observations. So the only way the prosecution can prove their case against you is if you provide the evidence to them. If you don’t submit to a blood or urine test and if you assert your 5th Amendment right to remain silent, chances are they can’t convict you. Any experienced Chicago DUI lawyer should be able to secure a not-guilty.

Methamphetamine is also a fairly fast acting drug and its effects are very similar to Cocaine’s. The effects, however, last far longer.

When a person is under the influence of drugs such as Cocaine, Methamphetamine or Benzedrine the user’s pupils are dialated and react slowly to light. The user’s pulse rate, blood pressure and body tempurature are all elevated. Stimulants also cause rigid muscle tone. If you are arrested for driving under the influence of drugs by a Drug Recognition Expert, he will want to check your vital signs and your muscle tone and will ask you to submit to standardized field sobriety tests. Again, you have the right to refuse. And again, if you don’t hand them the evidence, it unlikley you can be found guilty of the charge.

If you are arrested for Driving Under the Influence, you need an aggressvie, experienced DUI lawyer in Chicago. Erickson & Oppenheimer, Ltd. have been winning DUI’s for over 20 years.

DUI Arrest and Your License

admin — Wed, 01 Feb 2012 15:21:47 +0000

When you are arrested for DUI in Chicago or anywhere in Illinois, your license will be automatically suspended. The suspension does not start immediately, but kicks in 46 days after you are arrested. If you take the breathalyzer or give blood or urine and your blood/alohol is above .08, your license will be suspensed for six (6) months. If you refuse to take the breathalyzer or give blood or urnine, your license will be suspended for twelve (12) months. The suspension is separate and distinct from your DUI criminal case and the lengths of suspension listed here pertain to a first time DUI offender.

Unlike the suspension, your DUI charge is a criminal case and just like any other criminal charge, you have the right to a trial and to inist that the prosecution prove you are guilty beyond a reasonable doubt. The suspension or Statutory Summary Suspension is administrative in nature, happens automatically and is imposed by the Secretary of State. When you are issued a driver’s license by the State of Illinois and sign the form, you are agreeing that if a police officer asks you to take a breath, blood or urine test, you will do so. You agree that if you refuse to take these tests at the officer’s request, the State can suspend your license without a hearing or trial.

The Summary Suspension can start before you even have your first court date on the DUI charge, so it’s important that you contact an experienced, aggressive Chicago DUI attorney or Chicago DUI lawyer as soon as you can. Don’t wait until just before your court date to start looking for a DUI lawyer. An experienced, aggressive Chicago DUI lawyer should begin to fight your suspension long before your first court date on the DUI charge.

You have the right to challenge the suspension, but to do that you must file what’s called a Petition to Rescind the Statutory Summary Suspension. And you are entitled to a hearing in court, before a judge, on the the issue of whether your suspension should continue or should be rescinded. The Petition is filed in court and served on the State’s Attorney’s Office. Once the State’s Attorney’s Office recieves your Petition, they only have thirty (30) days to give you your hearing. If they don’t give you your hearing on the suspension within 30 days, you will win automatically and your driving priveliges will not be suspended. If you wait until the first court date to file your Petition to Rescind, the State is much more likely to have finished all of the paperwork necessary to give you your hearing and you will have lost a valuable oppurtunity to beat your suspension by the 30 day rule.

If the State is able to give you your hearing within the 30 days, the judge will listen to the evidence–much like a little trial–and decide if your suspension should be rescinded. Unlike the criminal charge of DUI, you have the intitial burden of proof to show that either the Officer lacked reasonable suspicion to beleive you were driving under the influence or that the officer failed to properly explain the consequences of your refusal before asking you to take the breath, blood or urine test.

DUI Roadside Safety Checks

admin — Mon, 23 Jan 2012 08:24:29 +0000

The Chicago Police are employing so called “road-side safety checks” with increasing regularity. Road-side safety checks or DUI roadblocks are temporary stations set up by Chicago Police to search drivers in order to find drivers who are under the influence of alcohol. The Chicago Police also utilize this techinique under the guise of a seat belt check. At a seat-belt check you do not have to roll down your window; the officer is suppossed to merely look into your car and determine if you are wearing a seat-belt. It is not cause for him to search your car or ask you for your license and insurance. If you are wearing your seatbelt (which you always should), he is required to simply wave you on.

To meet the requirements of our Constituion, the Chicago Police are required by law to notify the public of the location and times of up-coming roadblocks. The law also requires that officers either stop every vehicle or use a specific pattern to stop certain cars on a public road to investigate if drivers are impaired. For example, they may pull over every fourth vehicle, but cannot just randomly pull over any car they choose. The police will use orange traffic cones to define checkpoint areas and place an officer, called the “point officer” at the biginning of the cones who will direct which cars to pull into the make-shift lane for a check.
If you find yourself at a road-side safety check, be sure to note the sequence of stops the officers make.

the law also requires that a DUI road-side saftety check be as least instrusive as possible. This means no long lines and long delays. Take notes as to how long you waited in line. If you don’t have paper and pen, text notes to yourself. A good Chicago DUI attorney can help.

These checkpoints are often set up late at night or early in the morning. If the officer asks you to search your car, it’s usually because he doesn’t have the legal authority or constitutional gorunds to search. You have every right to refuse him permission.

Remember that you also have the right to refuse all sobiriety tests and breathylyzer tests–espicially the very unreliable and inadmissable portable breath test (PBT). You don’t have to give the officer the evidence or probable cause he needs to arrest and charge you.

If you find yourself arrested for DUI after a road-side safety check, you need a good Chicago DUI lawyer.

DUI: Under the Influence or Presumed Impaired?

admin — Wed, 04 Jan 2012 20:07:22 +0000

In a recent decision, the Illinois Supreme Court distinquished between the six various ways a person can be charged and found guilty of DUI in Illinois. ”Four ways require proof that a driver’s ingestion of alcohol or drugs impaired his ability to drive. Two ways do not.” In the two ways that do not, the law presumes the defendant is impaired. The two ways that do not are listed in the DUI statute as Sections 11-501(a)(1) and 11-501(a)(6).

Driving with a blood/alcohol level of .08 or more or “Section (a)(1)” does not require that the driver was impaired in any way. The State must only prove 1) that the defendant was driving and 2) that a breathalyzer, blood or urine test showed a blood-alcohol content of .08 or greater. The prosecution does not have to prove that the driver was influenced by the alcohol.

Similarly,under “Section (a)(6)” if there is any amount of an illegal drug in the person’s breath, blood, or urine resulting from the unlawful use or consumption, the law presumes impairment. The prosecution does not have to prove that the drug use impaired the driver’s abilities in any way. Again, the prosecution must only prove 1) the defendnat was driving, and 2) there was any amount of illegal drugs in the driver’s system.

As the Court stated in it’s recent ruling (People v. Martin, 955 N.E.2d 1058, 1064-1065, 353 Ill.Dec. 247, 253 – 254 (Ill.,2011) ), “Because impairment is not an element of misdemeanor DUI as set forth in section 11–501(a)(1) and section 11–501(a)(6), DUI, or driving “under the influence,” may be an inaccurate title for violations of these subsections. Such violations are essentially driving while presumed impaired.”

The only way the prosecution can prove an (a)(1) or (a)(6) DUI charge is if they have results from a breathalyzer, blood or urine test. All Illinois citizens have the absolute right to refuse to take a breathalyzer, blood or urine test. If a driver refuses the breath, blood or urine test, the State does not have the evidence necessary to charge the driver under (a)(1) or (a)(6).

If you have been arrested for driving under the influence of drugs, you need an experienced, aggressive Chicago DUI lawyer on your side. Call Erickson & Oppenheimer, Ltd. today at 312-327-3370.

Another DUI Win for Erickson & Oppenheimer

admin — Tue, 03 Jan 2012 17:31:21 +0000

Chicago DUI lawyers Erickson & Oppenheimer, Ltd., scored another victory on Friday when Michael Oppenheimer won a summary suspention hearing against great odds!

DUI –The Stop and the Duty of the Chicago DUI Lawyer

admin — Tue, 03 Jan 2012 17:17:27 +0000

Typically, a police officer will stop a vehicle when the officer believes he or she has probable cause to do so. The most simple definition of probable cause is ”a reasonable belief that a person has committed a crime.” It is important to note that a mere hunch or suspicion is not enough for probable cause–the officer must have some actual evidence that a crime is being committed. It is illegal for an officer to pull someone over without probable cause.

In a DUI setting, the officer will claim to have witnessesed some form of “bad driving” or traffic infraction that will give the officer the probable cause to “seize” or pull the vehicle over. Driving without headlights at night, swerving out of one’s lane, speeding, driving too fast for conditions, failure to use a turn signal are all common sources of probable cause to “seize” a vehicle by pulling it over.

The term probable cause comes from the 4th Amendment to the United States Constitution which provides: ”The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In a DUI case, the Chicago DUI lawyer should first investigate whether the arresting dui officer had the necessary probable cause to execute the stop. If not, the Chicago DUI lawyer should file a motion to with the court asking the court to suppress all of the evidence against the person arrested for DUI. If there was no basis for the officer to pull the driver over, then the prosecution should not be allowed to use any of the post-stop observations, sobriety test results or chemical and breathalyzer test results made or obtained by the arresting officer. If the Chicago DUI lawyer is successful in his motion to suppress evidence, the prosecution will be unable to move forward with their case and the matter should be dismissed.

If you have been arrested for DUI in Chicago or Cook County, make sure you ask your Chicago DUI lawyer about the basis of the stop and the chances of success for a motion to suppress evidence.

DUI Facts

admin — Sat, 24 Dec 2011 15:07:15 +0000

According to Illinois law, “Driving Under the Influence” is defined as operating a motor vehicle while impaired by alcohol, other drugs or intoxicating compounds and methamphetamine. In Illinois,a driver is legally considered to be under the influence if he/she has a blood-alcohol concentration (BAC) of .08 or more, has used any illegal substance, or is impairedby medication. A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual with a BAC between .05 and .08 may be convicted of DUI ifadditional evidence determines that the driver was impaired. In 1997, the Illinois General Assembly passed legislation to lower the illegal BAC limit from .10 to .08. Illinois was the 15th state to impose such a change.

The effect of alcohol on an individual is determined primarily by two factors: the amount ofalcohol consumed and the rate at which it is absorbedby the body. Other contributing factorsinclude gender, body weight, alcohol tolerance,mood, environment and the amount of food consumed. From the first drink, alcohol affects coordination and judgment. Even with a BAC well below.08, a person’s reaction time slows. The risk of being in a crash begins to climb with a BAC between.04 and .05 and increases rapidly thereafter. By the time a driver reaches a BAC of .06, he/she is twice as likely to be involved in a fatal crash as a non-drinking driver. By the time a driver reaches a BAC of .08, he/sheis 11 times more likely to be killed in a single-vehicle crash than a non-drinking driver.

The only way to rid the body of alcohol is time. Fresh air, coffee, a shower andfood cannot help a person become sober. It takes about one hour for the body tometabolize one drink. Each of the following has a comparable amount of alcoholand counts as one drink: one 12-ounce mug of beer, one 5-ounce glass of wine orone 1.5-ounce shot of hard liquor. (The amount of alcohol in a poured/mixed drinkis dependent on the type of drink and the person who pours it.)

The average DUI offender is:

• male (78 percent arrested are men);

• age 34 (60 percent are under age 35);

• arrested between 11 p.m. and 4 a.m. on a weekend; and

• caught driving with a BAC of .16 —twice the illegal limit.

— Illinois Secretary of State