Charging an Unimpaired Driver with a DUI within Illinois
The DUI laws within Illinois are among the toughest in the U.S. The state’s laws are supposed to let all the impaired drivers remain off the street. A case (which we will discuss in a moment), however, displayed the strictness of the DUI law—the case has set precedent for charging (and even convicting) with DUI all those individuals who are not even impaired while driving.
As per WNIJ News, the State Bar Association has presented a specific bill before the state legislators for mitigating the worst aspects of the zero-tolerance DUI law that’s operational within Illinois.
A fatal accident
In December 2011, a case got the flak from Illinois' DUI law concerns when a northern Illinois man’s vehicle was struck by a pick-up driver who ran over a red light. The blow to the car from the pick-up claimed life of the man’s 10-year-old son (who was a passenger).
As the accident included fatality, blood samples were collected from the drivers of the car and the pick-up; this move was directed by the state law. At the time of the accident, the father was not impaired; and the accident was completely the fault of the truck’s driver. However, the father faced charges under the zero-tolerance law (of Illinois) because his blood had traces of marijuana, which he consumed a month ago. (For the record, marijuana can be present within a person’s system for months or at least weeks without causing any impairment.) Nevertheless, the man (who lost his son because of the pick-up driver’s reckless driving) was charged with a felony DUI charge. For this reason, many law authorities operating within the state called this law “draconian.”
A law that needs amendments
The city’s zero-tolerance DUI laws are active for decades; but after this case, it is clear that sometimes these laws can be stricter and more unfair than necessary. While the trial was afoot, the father was eventually sentenced to 30-month probation.
After witnessing the travesty of justice, the State Bar Association of Illinois (which comprises Dupage County DUI lawyers, too) had filed a bill to soften this strict piece of law. This bill states that all the drivers who may test positive for any of the banned substances but are not at all impaired while the accident takes place should be charged with a misdemeanor only. This bill, however, has faced opposition from a few politicians, prosecutors, and law enforcement agencies.
Till then, if you are facing a DUI case or if you want to know something that is related to the topic, it will be better to seek a legal advice in Kane County IL, without any ado.
Shirley Carter is a professional writer and have good knowledge about criminal, legal, Fraud Defense, divorce, family law and drink driving laws. He loves to write about Dupage county DUI lawyers and legal advices in Kane County IL.
As per WNIJ News, the State Bar Association has presented a specific bill before the state legislators for mitigating the worst aspects of the zero-tolerance DUI law that’s operational within Illinois.
A fatal accident
In December 2011, a case got the flak from Illinois' DUI law concerns when a northern Illinois man’s vehicle was struck by a pick-up driver who ran over a red light. The blow to the car from the pick-up claimed life of the man’s 10-year-old son (who was a passenger).
As the accident included fatality, blood samples were collected from the drivers of the car and the pick-up; this move was directed by the state law. At the time of the accident, the father was not impaired; and the accident was completely the fault of the truck’s driver. However, the father faced charges under the zero-tolerance law (of Illinois) because his blood had traces of marijuana, which he consumed a month ago. (For the record, marijuana can be present within a person’s system for months or at least weeks without causing any impairment.) Nevertheless, the man (who lost his son because of the pick-up driver’s reckless driving) was charged with a felony DUI charge. For this reason, many law authorities operating within the state called this law “draconian.”
A law that needs amendments
The city’s zero-tolerance DUI laws are active for decades; but after this case, it is clear that sometimes these laws can be stricter and more unfair than necessary. While the trial was afoot, the father was eventually sentenced to 30-month probation.
After witnessing the travesty of justice, the State Bar Association of Illinois (which comprises Dupage County DUI lawyers, too) had filed a bill to soften this strict piece of law. This bill states that all the drivers who may test positive for any of the banned substances but are not at all impaired while the accident takes place should be charged with a misdemeanor only. This bill, however, has faced opposition from a few politicians, prosecutors, and law enforcement agencies.
Till then, if you are facing a DUI case or if you want to know something that is related to the topic, it will be better to seek a legal advice in Kane County IL, without any ado.
Shirley Carter is a professional writer and have good knowledge about criminal, legal, Fraud Defense, divorce, family law and drink driving laws. He loves to write about Dupage county DUI lawyers and legal advices in Kane County IL.
Advertise on APSense
This advertising space is available.
Post Your Ad Here
Post Your Ad Here
Comments