Articles Posted in DUI

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For the last several years, Larry Davis has been engaged in negotiations on behalf of the Illinois State Bar Association (‘ISBA’) and the Illinois Lawyers and Substance Abuse Counselors Association (‘ILSACA’) with the Office of the Secretary of State (‘SOS’) regarding several proposed changes to the Illinois driver licensing laws as well changes in the Illinois DUI laws with other interested parties.

We are pleased to advise you that the SOS Traffic Safety Advisory Committee has voted to approve many these proposals. The accepted proposals include the following:

Elimination of all ‘hard times’ under current law. Simply put, these are statutory periods during which a driver could not obtain relief during certain periods of a statutory summary suspension (‘SSS’) or revocation. These include:

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An Aurora man was arrested on suspicion of drunk driving after allegedly threatening to fight a customer in the McDonald’s drive-thru line.

Just after midnight on Monday, Aurora police were called to a home after reports that someone was playing music too loudly in a maroon Jeep. When police arrived, they found Daniel Garibay sitting in the vehicle. Police reports indicate that Garibay appeared to be drunk and that officers warned him not to drive. Officers then left the residence and believed the incident to be over.

However, about an hour later, a McDonald’s employee called police, stating that someone in a maroon Jeep was being disruptive in the drive-thru line. The same officers that had responded to the earlier call arrived at McDonalds and quickly realized that this was the same man they had earlier warned not to drive. Besides threatening to fight another customer, the restaurant manager stated that she believed Garibay to be drunk after he seemed confused and had trouble speaking when ordering.

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A Tribune investigation revealed that the driver’s licenses of thousands of drunk drivers have not been suspended because the arrests of these drivers are not being logged into state computers. While state officials blame the police for failing to send their reports to the Illinois Secretary of State, the police departments say that they put all necessary paperwork in the mail. While the root of the problem is relatively unclear, the Tribune noted that the mistakes appear to be widespread. In fact, since 2010, more than 3,000 Chicago area drivers’ arrests were not logged and as many as one in 15 DUI defendants do not have suspended licenses in DuPage County.

Police in other states are permitted to log arrests electronically, making the process more efficient and reliable. However, Illinois has not yet made this change and does not expect to for at least a year or likely longer.

In Illinois, the suspension process begins with paper forms that the officers fill out by hand which are mailed to a state office building in Springfield. The state workers then enter the information into the computer, which requires deciphering the officers’ handwriting. There are many opportunities for mistakes to occur, such as the use of improper forms, forms getting lost in the mail or in Springfield and illegible handwriting.

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According to the Alliance Against Intoxicated Motorists (“AAIM”), a non-profit citizens action group that has tracked Illinois DUI arrests since 1982, Lake County made the most DUI arrests in the state in 2013. The 233 officers averaged 1.49 arrests per officer, bringing the total number of arrests to 348. Right behind Lake County was Cook County. However, Cook County has more officers in their force. The statistics state that Cook County’s 487 officers made 306 arrests, which is an average of .63 arrests per officer.

AAIM determined that the Chicago Police Department, with roughly 12,000 officers, made approximately 3,400 DUI arrests. The rate of .28 arrests per officer pales in comparison to Lake County.

DUI fatalities in Illinois were down 38% from the last decade. However, the seemingly sharp decline in drunk driving may be due to the lack of arrests by some police departments. Although there is a decrease in DUI fatalities, drunk driving is still a major problem in the United States. One person was killed every 52 minutes due to DUI-related accidents in 2013 across the country.

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A Florida attorney has a recommendation for dealing with DUI checkpoints. He says that individuals should place their license and registration up to their window with a flyer saying that they have no comment, will not permit a search, and want a lawyer.

Warren Redlich and an associate, Jeff Gray, have created a website, posting videos of their interactions with police at DUI checkpoints. The video from December 31, 2014, has been viewed more than 2 million times. It was filmed at a checkpoint in Levy County, Florida. The video shows Gray stopping at the checkpoint and displaying a flyer stating, “I remain silent. No searches. I want my lawyer,” along with his license, registration and insurance card in a plastic bag dangling out of the barely open window. The officer examines the documentation with his flashlight and allows Gray to drive through the checkpoint. The Broward County Sherriff’s Office stated that Gray was allowed to go through the checkpoint because “he clearly was not driving while intoxicated.”

Police are unhappy with the tactics being used by Redlich, and insist that drivers must speak with police at the checkpoints. However, Redlich is not backing down and has created flyers for 10 states, each slightly different due to differences in DUI laws. He says there are more flyers on the way.

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The question of whether medical marijuana cultivation centers and dispensaries will receive their licenses has been put into the hands of the new governor, Bruce Rauner. Governor Pat Quinn left office without issuing the contemplated licenses and it is unclear whether Rauner will issue them. Rauner showed his opposition to medical marijuana during his campaign but sources indicate that he may be reconsidering his position. A Rauner spokeswoman said his administration is “in the process of reviewing it.”

While the decision to issue licenses has not been made, on Monday morning, Governor Quinn signed into law changes to the current medical marijuana program in Illinois. One significant change is that patients charged with driving under the influence of medical cannabis will have their medical marijuana card revoked and their driver’s license suspended.

Also, state regulators will have the authority to fine and suspend individuals for violating existing law. Before this change, the only penalty was to revoke a violator’s license. Additionally, fingerprints of owners, investors, and employees of cultivation centers and dispensaries as well as patients and caregivers will be checked against state and federal databases.

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As part of its DUI statute, Illinois has a provision that provides that any amount of cannabis or controlled substance in a driver’s system may be the basis for a DUI charge. This is the only part of Illinois DUI law that permits a charge of driving while under the influence – even if there is no evidence that the person was impaired or intoxicated.

The most commonly cited example of the law is the person who may have smoked marijuana days or weeks earlier and then is stopped for a minor moving violation or as a result of an accident. If the officer has any reason to believe that the person had smoked marijuana at some point, the officer may seek testing. Often the situation arises in the case of an accident where the person was injured, taken to a hospital and testing is conducted, revealing the presence of a by-product of marijuana, called a ‘metabolite’.

The most recent example of the absurdity of the law is the case of Scott Shirey. In December 2011, Mr. Shirey was driving with his two young twin sons in his car. While driving, he was broad-sided by another vehicle and one of his children was killed and his old child was severely injured.

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The Joint Committee on Administrative Rules (JCAR) meets today in Chicago to discuss the rules governing the Illinois Medical Cannabis Pilot Program. The law has been passed, but patients are still unable to legally use the drug.

If JCAR has no objections to the proposed rules, growers, retailers and patients will be able to begin the application process. Patients are expected to be able to apply for a registry identification card beginning in September. Applications for growers are expected to be released around the same time. State officials will then begin the process of granting permits for growers and dispensaries. 60 permits are available for dispensaries, and 21 permits are available for cultivation centers. A nonrefundable application for of $5,000 for dispensaries and $25,000 for cultivation centers will be imposed by the state. If approved, the dispensary registration fee is $30,000, while the growers permit fee is $200,000.

Approved patients are expected to begin using medical marijuana early next year. The Marijuana Policy Project estimates that about 10,000 people will become registered patients. There are still concerns about the impact of the new law on cannabis-related DUI throughout Illinois.

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On Wednesday, the Illinois House unanimously passed legislation out of committee that would allow those with a lifetime revocation based on DUI to apply for a restricted driving permit (RDP) before the Illinois Secretary of State. Those offenders with four DUI convictions would be eligible five years after losing their license or their release from prison. These repeat offenders would need to demonstrate three years of sobriety, complete treatment programs, and drive with a BAIID device (Breathalyzer) at all times. The Alliance Against Intoxicated Motorists supports the legislation, believing that legalizing drivers who may otherwise drive illegally and uninsured in order to provide for their families. The RDP would only allow the individual to drive during specific hours and for specific purposes (i.e. work). The bill now moves to the full House for consideration.

Plan to ease DUI penalties advances in legislature, www.sj-r.com, May 14, 2014

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A Louisiana media outlet discusses the increasing use of social media to raise immediate awareness anytime a new DUI checkpoint is set up. The article describes the notification of roadblocks as ‘Cheating Checkpoints’. While the Supreme Court has upheld such roadblocks (despite the lack of reasonable suspicion or probable cause to believe a crime has been committed) others would call it a public service by alerting those who have committed no crime and believe that this type of police conduct violates their civil liberties. However, the law REQUIRES that for such roadblocks to be constitutional the police must give ADVANCE NOTICE. This is a another example of media ignorance.

Cheating Checkpoints: Facebook page alerts BR drivers to DWI checkpoints, www.fox44.com, April 30, 2014