Posted on March 17, 2014 in Criminal Law
Posted on March 11, 2014 in DUI
A 22-year-old southwest suburban woman "was charged with drunk driving after she swerved into a Hickory Hills police car that was trying to pull her over and then fled from the scene, leaving behind two officers who were injured and trapped inside their squad car," according to the Chicago Tribune. One of the officers trapped in the car recognized Olivia D. Aguilar, and directed other officers to her home, a Cook County prosecutor told the Tribune. When they got there, "police tracked blood and shoeprints in the snow to Aguilar, who they reported was belligerent and seemed intoxicated," reports the Tribune.
The cruiser that the alleged intoxicated driver slammed into was fully marked. Police first began to pursue Aguilar when they attempted to stop her for driving without headlights, reports the Tribune. Instead of stopping, however, she accelerated and swerved toward them. "The officers had to be extricated from the cruiser and were hospitalized with bruising and swelling," reports the Tribune. Aguilar is currently facing a slew of serious charges, including "aggravated battery, failure to stop after an injury accident, driving under the influence, failure to reduce speed, no proof of insurance, failure to give aid, no headlights, and driving with a suspended license."
Posted on February 28, 2014 in Criminal Law
The total number for 2013 was 87, which was the highest year ever. However, the percentage of those exonerations based on DNA evidence dropped. A spokesperson from the registry said this decrease is a good indicator of the increasing number of convictions that are being granted that are for crimes other than murder and sexual assault.
Posted on February 20, 2014 in Criminal Law
The Supreme Court recently announced that it will be deciding whether or not law enforcement are required to get a warrant to search a cell phone that is seized during an arrest.
Police and prosecutors argue that cell phones fall into the same category as other items found on someone being taken into custody that the judicial system has agreed can be searched.
But those against allowing the searches say that information that people store in their cell phones is information that in the past would be kept in a person’s home and would otherwise require a warrant. Items such as photographs, written messages (emails and text messages), videos, voicemail, contacts, web history (including search and browsing), calendar appointments, personal records (medical and financial) and purchases, can all now be found on a person’s cell phone.
Posted on February 13, 2014 in 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.
Posted on February 10, 2014 in Criminal Law
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.
Posted on January 31, 2014 in 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.
Posted on January 22, 2014 in DUI
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.
Posted on January 14, 2014 in DUI
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."
Posted on January 07, 2014 in DUI
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.
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.