Defendant, Mr. Chiaravalle, was charged with a DUI in January 2014. His attorneys filed a pre-trial motion to bar the admission of his Breathylzer test, arguing it was improperly administered. The lower court granted the motion and the state appealed. The appellate court agreed with the state and reversed.In February of…
A Champaign County trial judge’s improper response to deliberating jurors prompted an Illinois appellate court to reverse one defendant’s aggravated DUI conviction recently. Mr. Hasselbring, 31, was charged after cocaine metabolites were found in his blood following a motorcycle accident killing his friend, a Mr. Piat, age 26. Piat died in November 2010 from head trauma sustained during the September…
Bob Avellini, Chicago Bears quarterback from 1975 to 1984, was sentenced last month to 18 months in prison for an aggravated DUI. Avellini agreed to plead guilty in exchange for the sentence. Had he not taken the plea, Avellini could have been sentenced to up to seven years for the felony DUI. DuPage…
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. Searches and seizures executed without a warrant are presumed unreasonable unless there is an established exception. The Supreme Court has found the act of drawing an individual’s blood (such as in a DUI investigation) to be a form of a…
Illinois recently updated its DUI law in response to its new medical marijuana law, which became effective in January of 2014. Under the new law, an authorized medical marijuana user can legally use marijuana and operate a motor vehicle as long as he or she is not impaired while driving.…
The Wisconsin State Bar Association discussed an appellate court case from that state regarding whether someone could be guilty of Driving Under the Influence (DUI) on a bicycle. The bicycle in question could be self-propelled by an electric motor or could be pedaled without the assist, or could operate with…
A news media outlet filed a report concerning a DUI offense that occurred in Illinois. The report indicates that 11, resulting in the death of a passenger and injuries to other passengers. The driver is charged with what is known as “aggravated DUI”. Under Illinois law, aggravated DUI is a…
Those who are arrested for DUI in Illinois must understand how long the look back period will be. As is the case with much of the law governing Driving Under the Influence, the answer is not clear because it is based upon political compromises and court interpretations of sometimes ambiguous…
The United States Supreme Court has the final word with regard to the interpretation of the United States Constitution, including the Fourth Amendment. The Fourth Amendment prohibits the Government from engaging in unreasonable searches and seizures. It requires, subject to a growing list of exceptions, the Government to obtain a…
If a motorist is suspected of Driving Under the Influence (DUI), law enforcement will request breath and or blood tests. There are two types of breath tests that must be distinguished. Before police can make an arrest for DUI, they must have probable cause to believe the driver has committed…