Chicago DUI Crash Results in Felony Charge

Posted on April 13, 2012 by admin

According to the Sun Times , a crash resulting in a fatality and a felony charge now hangs over the head of 18 year old Jessica Bahena, a Chicago resident who also has a previous misdemeanor drunk driving charge. The young woman was driving around 2:00 a.m. Sunday morning when she attempted to make a left turn and failed to see another vehicle heading south on Archer Avenue. Consequences of the collision involved serious injuries to passengers in both cars as well as a fatality.

Jessica Bahena (photo via Chicago Police)

The individual driving the southbound car was Ahmed M. Kighta, a 28-year-old male who was transported to Mount Sinai Hospital. At 2:48 a.m., emergency room physicians pronounced him dead due to multiple injuries sustained in the crash. Passengers in Kighta’s car were also critically injured and taken to area hospitals.

Bahena is expected to face additional citations of failing to carry insurance on her vehicle, driving without a valid driver’s license and failing to yield to oncoming traffic. A judge  ordered her bond set at $10,000.

When a judge sets bond in a DUI or any other criminal case, he or she is deciding how much collateral is needed for the individual to stay out of jail until the date of his or her trial. If the person does not show up for the assigned court case, that money is forfeited, retained by the court and not returned to the person or bail bondman who originally posted the bail.  As a rule, 10 percent of the amount of bond set by a judge is required to keep someone from sitting in jail. In Bahena’s case, she needs a family member, friend or bail bondsman to post $1000 before she can leave jail.

In the case of a DUI charge, bonds are usually necessary when an accident was involved, the person arrested has prior DUI convictions, the driver is a minor or minor passengers were involved in the DUI incident.

If you are involved in an accident and face a DUI charge, you need the best Cook County DUI attorney available who can provide you with expert legal advice and guidance throughout your ordeal. Contact a professional drunk driving lawyer today who is on your side with regards to your rights and privileges involving any kind of drunk driving charge.

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Chicago DUI law can be a reason behind incurring debt

Posted on April 9, 2012 by admin

 

If you are charged with DUI (driving under the influence), then you are required to undergo BAC (blood alcohol concentration) test. In case, the Blood Alcohol Concentration (BAC) measured by the police exceeds 0.08%, then DUI penalty will be imposed on you. Remember, your DUI penalty will be determined on various circumstances. In some case, the police might confiscate your license, if you are charged with DUI. The police might impose several fines as well as penalties on charges of drunk driving and can further complicate your financial situation. You might burn a whole in your pocket as the cost related to license, insurance rates, legal bills, and your alcohol treatment might increase incessantly. Some people incurred debt as the costs of the bail, fines, fees and insurance increased and ended up enrolling with debt reduction program. Therefore, you are required to know the cost related to DUI conviction over a span of time.

1. You are required to spend around $150-$2500 in order to get bail, so that you are out of jail. But this amount will be only your preliminary expenses. You might be imposed with more penalties, if the BAC test is found exceeding 0.15%.

2. Once the police confiscate your card after you have been arrested, then you are required to pay minimum of $100 to release it. You are required to pay $1200 for one day and additional $ 50 will be charged on the amount with each passing day. The car will be put on auction, if you are unable to pay the amount after a period of one month. In this situation, you are required to pay for civil judgment for the impound bill in Chicago.

3. Remember, DUI charges will be directly have an impact on the insurance rates for the next 3 to 5 years. The insurance rates might exceed incessantly with the passing phrase. In Illinois, cost of high risk insurance on average is $1500 annually and rates might increase if you’re unable to recover from the catastrophic situation.

You are required to spend $250 to get a guilty plea from the attorney and other charges like $25000 for criminal charges, $1000 to $3000 for investigator will be required to pay. Therefore, an individual can possibly incur insurmountable amount of debt if he/she is charged with DUI.




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Suburban Chicago Police Chief Arrested for DUI

Posted on April 6, 2012 by admin

After two decades with the Northern Chicago suburb of Grayslake’s Police Department, 46-year-old Matt McCutcheon was named the department’s Police Chief this past February. Now, the Grayslake, Illinois Village Board is deliberating how to proceed following his recent DUI arrest.

According to CBS Chicago, McCutcheon was involved in a relatively minor accident in Kenosha County, Wisconsin on the evening of March 30. Although he apparently collided with another vehicle head-on, and his wife was in the car, no one was injured in the accident. However, the responding officers allegedly noticed that McCutcheon’s eyes appeared red, and he had alcohol on his breath.

Matthew McCutcheon (photo courtesy the Kenosha County Sheriff's Office)

Upon questioning, McCutcheon informed the officer that he was an off-duty police officer and, upon request, showed him his weapon. McCutcheon first told the officer that he had a couple beers. He later admitted that he had drank 3 vodka martinis.

After refusing any medical treatment as well as a field sobriety test, McCutcheon was arrested and charged with a DUI, as well as being armed while intoxicated.  He was eventually transferred to a local hospital where a blood sample was taken. Per DUI law, McCutcheon will face an automatic suspension of his driver’s license for refusing to take a breathalyzer test.

Being charged with a DUI can have serious ramifications for those in many different professions. If you’re facing DUI charges and are concerned about how a DUI conviction will affect your career, contact a top DuPage County DUI attorney who may be able to get your Illinois DUI charges dropped or reduced.

 

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Plan Ahead to Avoid a DUI on St. Patrick’s Day

Posted on March 12, 2012 by admin

Every year thousands of Americans celebrate the Irish holiday that was traditionally started to memorialize the life of Saint Patrick. Chicago is no exception; each March 17th, Chicagoans gather to watch the dyeing of the Chicago river and the St. Patrick’s Day parade. St. Patrick’s Day celebrations tend to involve green beer and other alcoholic beverages being consumed by Irish-Americans and non-Irish Americans alike. However, even on St. Patrick’s Day, Chicagoans need to be wary of DUI and the consequences that a DUI conviction can bring.

According to a recent article in the Lombard Spectator, the key to safely celebrating St. Patrick’s Day is planning for a safe way home before the need arises. Once people start drinking, they tend to make poor judgments about everything, including how to make it home after a night at the local bar. If, however, people make advance arrangements to get home or to their next destination safely, they are more apt to follow those arrangements. Whether it be negotiating with friends to find a designated driver, arranging for a cab ride home, or calling someone to pick you up after the night’s events, you can avoid the threat of a DUI by taking these measures before you begin drinking.

The potential of ending up with a DUI after a night of drinking is very real. The fact is, you don’t have to be falling-down drunk in order to be charged with DUI. For instance, a woman with a small stature could become legally intoxicated after just one drink – whether or not she feels the alcohol’s effects or not. Other myths such as limiting yourself to one drink per hour or drinking beer instead of mixed drinks are not likely to affect your level of intoxication to the point of avoiding a DUI charge.  The only sure way to avoid a DUI is to make sure that you have a safe way home that does not involve you drinking and driving after having any amount of alcohol.

If you or a friend find yourself charged with a DUI on St. Patrick’s Day or any other day, you will need the help of a Naperville DUI lawyer to handle your case and avoid the severe consequences of a DUI conviction in Illinois.

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Penalties for Failing or Refusing Chemical Testing in Illinois

Posted on March 10, 2012 by admin

Most people know that the criminal penalties for driving under the influence (DUI) can be quite severe, and can including fines, community service, and jail time. However, even if you have not yet been convicted of DUI, you can receive administrative penalties from the State of Illinois for failing or refusing to adhere to chemical testing when a law enforcement officer suspects you of DUI.

If you are pulled over for a suspected DUI, the police officer can administer field sobriety tests to determine whether you are intoxicated. However, the officer also may request that you undergo a chemical test in order to establish your blood alcohol level (BAC). In fact, Illinois DUI law requires that an officer request a chemical test when he or she has probable cause to suspect that alcohol is a factor in any acwill county duicident that results in injury or death.

Under Illinois law, if you refuse a police officer’s request to take a chemical test, you will automatically receive a 12-month statutory suspension of your driver’s license. In this case, you will be eligible for a monitoring device driving permit (MDDP) after the first 30 days of your suspension. If it is your second or subsequent refusal to take a chemical test, you will receive a three-year suspension of your driver’s license, with no ability to obtain a MDDP.

Likewise, if you fail a chemical test, in that your BAC is over Illinois’ legal limit of .08, you are subject to a six-month driver’s license statutory suspension, with the ability to obtain a MDDP after the first 30 days. If it is your second or subsequent failure of a chemical test, however, you will receive a 12-month suspension of your driver’s license, and you will have no ability to obtain a MDDP.

According to the Illinois Secretary of State, in 2010, 92% of drivers arrested for DUI who refused to submit to or failed a chemical test lost their licenses; 85% of these drivers were first-time offenders. In this case, you will need the services of a top Will County DUI defense attorney to give you advice about your particular situation.

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Two Chicago Men Sentenced to Prison for Aggravated DUIs

Posted on March 8, 2012 by admin

In separate court proceedings this week, two Chicago men received three-year prison sentences for DUI accidents that resulted in the death of another person. The Chicago Tribune reported that Chicago police officer Richard Bolling was sentenced in Cook County after a jury found him guilty of aggravated DUI, reckless homicide, and leaving the scene of the 2009 fatal accident that killed 13-year-old Trenton Booker. Police failed to administer field sobriety tests until two hours after the accident occurred, and it was over four hours from the time of the accident when a blood-alcohol content (BAC) breath test was given, which registered a BAC just below the legal limit of .08 percent. However, an Illinois State Police forensic toxicologist testified at trial that Bolling’s BAC would have been as much as twice the legal limit at the time of the crash.

Meanwhile, the Tribune also reported that a DuPage County court sentenced a Buffalo Grove man to three years in prison as a result of his girlfriend’s death, who was a passenger in the vehicle he was driving in a 2010 drunk driving accident. Fabian Higgins pled guilty to aggravated DUI for having a BAC of 0.11 percent when he lost control of his car and caused the collision that killed Christina Schamme of Hanover Park.

These two stories emphasize the tragic events and repercussions that can occur from the decision to drive while intoxicated, or with a BAC that exceeds the legal limit of 0.08%. Not only can a fatal DUI accident result in criminal and civil penalties, but it also can result in death. For more information about DUI charges in Illinois and their potential consequences, contact an experienced Wheaton Illinois DUI lawyertoday.

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Blood-Alcohol Concentration (BAC) and Illinois Law

Posted on March 7, 2012 by admin

In the state of Illinois, a person has committed the crime of driving under the influence (DUI) if he or she has a blood-alcohol concentration (BAC) of .08 or more. Most states, including Illinois, have DUI laws that define intoxicated for the purposes of DUI charges as having a BAC of .08 or more. Additionally, a driver may also be guilty of DUI if he or she has a BAC of between .05 and .08, and the evidence shows that he or she was impaired while driving.

BAC is based on the ratio of alcohol to blood or breath. The number of drinks that a person must consume in order to have a BAC of .08 or more greatly varies. According to the Illinois DUI Fact Book 2012, factors including a person’s gender and body weight, as well as the type of alcohol consumed and how much they’ve eaten affects the rate at which their BAC rises to .08 or more. Furthermore, as Illinois’s DUI law recognizes, a level of impairment can occur level lower than the legal limit, depending on the person.

A person’s BAC level is directly proportional to their level of impairment. Alcohol can begin to slow reaction times and affect coordination and judgment after as little as one drink is consumed. Statistics show that when a driver has a BAC of .06, he or she is twice as likely to be involved in a fatal accident as a driver who has not consumed alcohol. When a driver’s BAC rises to .08 or more, he or she is 11 times more likely to be involved in a fatal crash than a sober driver.

If you are charged with DUI for having a BAC over the legal limit, you will need the assistance of an experienced Evanston Illinois DUI attorney. Your attorney will help you evaluate your case from a legal standpoint and can recommend the best course of action for your situation. Illinois DUI Fact Book 2012 -

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Breath Alcohol Ignition Interlock Devices (BAIID) in Illinois

Posted on February 28, 2012 by admin

If you are a first-time DUI offender in Illinois, your license will be subject to a statutory suspension for at least 6 months. However, you may be able to obtain driving relief, which will allow you to drive while your license is suspended. If you are willing to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle, you can petition the court to issue a Monitoring Device Driving Permit (MDDP).

A BAIID requires you to blow into a testing instrument before starting your ignition. According to the Illinois Secretary of State, the device will prevent your car from starting if your blood alcohol content (BAC) is higher than .025 (the legal limit for drunk driving in Illinois is .08). The BAIID also requires occasional breath samples while driving. If you attempt to start the vehicle with a BAC higher than .025, the Secretary of State will request additional information regarding the incident, and they could extend your summary suspension or revoke your driving privileges.

Guardian brand Interlock Device

If you agree to have a BAIID installed on your vehicle to retain driving privileges during a statutory suspension, you are only allowed to drive a vehicle on which a BAIID is installed. However, there are no other restrictions on where or when you can drive under a statutory suspension.

However, if you’ve been charged with a DUI in Illinois and want to have a BAIID device installed on your vehicle, you are responsible for all costs. This includes around $85 for installation, $50-$80 monthly rental fee, and an approximately $30 monthly monitoring fee.

BAIID devices make it possible for those convicted of drunk driving in Illinois to continue to be able to drive, making it easier for them to maintain employment and attend school. Yet there are significant expenses and hassles involved. If you’re facing DUI charges in Chicago, contact an aggressive St. Charles DUI defense lawyer who may be able to prevent you from being convicted of a DUI in the first place.

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Average Cost of a DUI in Illinois

Posted on February 27, 2012 by admin

If you’ve been convicted of drunk driving in Illinois, your sentence could include significant fines,  along with community service, probation, or even jail time. Yet there are other costs involved with getting a DUI in Chicago that aren’t as clearly apparent.

Fees associated with a DUI charge can quickly add up

According to Illinois 2012 DUI Handbook, the typical costs associated with getting a DUI in Illinois include:

  • $4,500 – average additional cost of 3 years of “high-risk” auto insurance (required)
  • $2,000 – legal fees, assuming uncontested plea (could greatly vary depending on case)
  • $750 – court costs
  • $250 – towing and storage of vehicle following DUI arrest
  • $50-$250 – any required substance abuse classes or counseling
  • $580 – driver’s license reinstatement fee
  • $100 – installation of Breath Alcohol Ignition Interlock Device (BAIID)
  • $80/month – BAIID rental fee
  • $30/month – BAIID monitoring fee

Additional costs could be incurred for medical treatment, lost wages, additional legal fees, and compensatory damages to others involved in a DUI-related accident.

These numbers are just estimates of the approximate costs related to a DUI in Illinois. It’s certainly possible that your costs could be much higher, and it’s also possible they could be lower. Yet one things’ for certain – if you aren’t convicted of a DUI in Illinois, you won’t have to pay for the majority of these things. If you’re facing Illinois DUI charges, contact a top DuPage county Illinois DUI lawyer as soon as possible to discuss your situation and potential DUI defense.

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Illinois DUI Law Basics

Posted on February 27, 2012 by admin

In 2010, Illinois police officers made over 40,000 drunk driving arrests – 85% of these were first-time DUI offenders. In Illinois, DUIs are a criminal offense (a Class A misdemeanor) with a maximum jail sentence of 364 days. There are no plea bargains for DUIs in Illinois – you cannot get a DUI charge reduced to a lesser offense.

The legal blood-alcohol concentration (BAC) for drunk driving in Lake County – like all of Illinois – is .08. However, you can still be charged with drunk driving without a BAC at this level. If your BAC is over .05 (but less than .08) you can get a DUI charge if there is other evidence that you were driving while impaired. You can also face DUI charges in Illinois if you operate a motor vehicle with any amount of cannabis or methamphetamine in your system. Those under the age of 21 can be charged with a DUI in Illinois if they have any amount of alcohol in their systems.

If you refuse to take a chemical blood test, under Illinois law your license could be subject to a statutory suspension for up to 1 year. If you take the test and fail, you could see a statutory suspension of 6 months. Yet, a skilled Lake County DUI defense attorney may be able to dispute a statutory suspension by filing a “petition to rescind.” Even if this fails, you can normally still drive while under a statutory suspension if you have a ignition interlock device installed in your vehicle – this device will only allow your vehicle to start if you provide a breath sample that is shows no alcohol present in your system.

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