Welcome to the Drunk Driving Legal News Blog Read headlines from DUI Legal News Stories, DUI Checkpoints and other DUI related news.

Categories

Man Sentenced for 21st DUI Charge

03 03.10

A Mason man who was convicted on his twenty-first drunk driving charged has now been sentenced to 10 years in prison.

The Butler County Prosecutor’s office says 45 year old was sentenced today to the maximum term allowed under law.

Ante was released from jail last September, after serving a full four-year sentence on drunk-driving charges. Then on December 3rd, ninety days after his release, he was arrested again for driving under the influence in West Chester.

Police say he even tried to elude officers for about a quarter mile before they finally got him to pull over. The officer immediately noticed an odor of alcohol and said that Ante seemed somewhat confused or unresponsive.

His drunk driving cases date back to 1982.

Local 12 is following this story and we’ll have more later today beginning on Local 12 First at Four.

Source

6 Year Elgin, Illinois DUI Conviction

31 07.09

An Elgin man who crashed his car into a house last year while under the influence, killing his passenger, was sentenced Friday to a six-year prison term for an Elgin DUI Offense.

Daniel Chagala-Villaseca, 19, pleaded guilty to aggravated DUI in Kane County court for the Nov. 7 accident in the 600 block of East Chicago Street in Elgin.

According to prosecutors, Chagala-Villaseca drove his car into the front porch of a house about 1:25 a.m. and skidded more than 80 feet before coming to a stop. His passenger, Marcelo Martinez-Ayala, 26, of Elgin died from injuries received in the crash.

The driver’s blood-alcohol level was twice the legal limit, and he also tested positive for marijuana, prosecutors said.

Source

Elgin, Illinois DUI Law

In Elgin, Illinois, the DUI criminal charge is prosecuted and adjudicated in the courts. This charge is separate from the Statutory Summary Suspension, which is an administrative process. A person convicted of an Illinois DUI who lost their Illinois driving privileges because of a summary suspension will have that time credited to the minimum driver’s license period of revocation.

In Illinois, a driver is legally considered to be under the influence if they have a BAC of .08 percent or greater, have used any illegal substance, or are impaired by medication. A driver’s BAC is based on the ratio of alcohol to blood or breath. However, an individual showing BAC levels between .05 and .08 percent may be convicted of DUI if additional evidence determines that the driver was impaired. 2004 BAC levels When the Illinois General Assembly passed legislation in 1997 to lower the illegal BAC limit to .08 percent from .10 percent, Illinois became the 15th state to impose such a change.

Elgin, IL DUI Lawyers

Being charged with an Elgin, Illinois DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is very important that anyone facing an Elgin DUI understand what challenges they will encounter. Seeking the legal advice of a capable and skilled Elgin DUI defense attorney will help you understand all of your options and rights.

Woman Sentence to Jail Time For DUI

21 11.08

Judge Barbara Buchanan sentenced a women to 180 days in jail with 170 days suspended. She was placed on supervised probation for two years and her license was suspended for three months.

Wert, 31, was charged following an Aug. 30 incident at the BNSF Railway crossing on Bottle Bay Road. Vicky Groeper happened upon Wert’s vehicle, but was unable to rouse her.

Groeper called dispatchers and Deputy Aaron Flynn arrived at the scene just as a train was bearing down on the at-grade crossing. Flynn reportedly used his patrol vehicle to push Wert off the tracks seconds before the locomotive barreled through the crossing.

Although it was her second drunken-driving offense since 2007, Wert pleaded guilty to a first-offense DUI and entered outpatient alcohol treatment. She subsequently released a statement thanking her rescuers.

She was sentenced on Nov. 7, according to court documents.

Bonner County Deputy Prosecutor Roger Hanlon proposed a six-month sentence, a standard recommendation for a second-offense DUI pleaded as a first offense. Hanlon also recommended supervised probation.

“She was still on probation for the first offense when this one occurred. She was 0.18 and unconscious on a railroad crossing,” Hanlon said.

Wert’s defense counsel, Bryce Powell, recommended 60 days in jail with 54 days suspended.

“The court can rest assured that this whole circumstance has made a profound impression upon her and she knows that she barely escaped death,” said Powell.

Wert declined to address the court when she was sentenced.

“This was obviously a very serious case. As you recognize – and everyone else does – it could have been incredibly tragic,” Buchanan said.
Source

Heather Locklear Charged With California DUI

17 11.08

Senior Deputy District Attorney Lee Carter also told PEOPLE “Lab tests showed she had no alcohol in her system and no illegal narcotics of any kind… We believe that the prescriptions she was taking could have impaired her ability to drive a motor vehicle safely.”

According to ABC the police were called out on the night of September 27 by Jill Ishkanian, a former reporter and editor at Us Weekly, who said Locklear appeared intoxicated. Ishkanian sold photographs of the event to celebrity news site TMZ.com for $27,500.

Tips on Avoiding a DUI Arrest and/or Conviction

14 11.08

If pulled over for DUI you need to minimize the risk of being convicted or losing your license. Below are instructions on what to do and what not to do in the process of a DUI stop and/or arrest.

  • When questioned for DUI before arrest, you are not in custody for the purposes of Miranda warnings. If you politely refuse to answer any of the cop’s questions concerning the DUI investigation, either before or after the arrest, then there won’t be any statements that can be used against you in court.
  • Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the Field Sobriety Exercises.
  • Refuse to take the preliminary alcohol screening test. If you are older than 21, the test is voluntary and you have the right to refuse this type of breath test.
  • When given a choice of blood, breath or urine test after arrest, choose a urine test if it is available. It is the most unreliable; however, the officer may only offer a blood or breath test.
  • If no urine test is available, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error.  See California DUI & Drunk Driving Defenses to San Diego County Breath Test.
  • Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.
  • Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.
  • Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.
  • Make a detailed list of all the events before being stopped up to and including being released from custody.
  • Retain an experienced DUI/DMV defense attorney to represent you. Only an experienced DUI/DMV defense attorney is able to spot your favorable issues and present them to prosecutor, judge , jury, or DMV hearing officer.

7 Years for Drunk Driving in Washington

11 11.08

A man got his 10th Washington DUI and FINALLY got put away for seven years.

The man’s reign of terror on Washington State roadways has come to an end for the next seven years. Any person with five DUIs in ten years will be charged under the felony DUI law in Washington State.

He has a total of 10 DUIs, and thankfully six have occurred in the last ten years. Olson was recently convicted from his May DUI arrest, and a Snohomish County judge imposed seven years prison on Olson.

What a dummy. I think for most 1 DUI is more than enough. I guess with really bad timing and bad luck you might not be a moron for getting 2, but 10!