Archive for February, 2009

DUI Statutory Summary Suspension

In a previous post, I discussed the purpose of the driver’s license suspension warnings that the police give motorists during the DUI arrest process. This post looks at the actual suspensions. What purpose do they serve? People v. Bailey* provides the answer: “The implied consent statute reflects the concern of the legislature over the threat to the public imposed by drivers impaired by alcohol or other drugs and serves to deter and remove problem drivers from the highways, thus making the highways safer.”

Jeremy Richey

*612 N.E.2d 960 (Ill. App. Ct. 1993).

Guaranteed to Make Me Run Away!

Click to Enlarge Image

Click on Image to Enlarge

Do you want me to guarantee you a particular result in a traffic case?  I’m sorry, but I can’t and won’t make any such guarantee.

There are people out there who will guarantee you a particular result.  When you encounter these people, run away fast.

Jeremy Richey

Extending Juvenile Court Jurisdiction

Currently, if a person commits a crime in Illinois and is 17 years of age, he will face charges in adult court.  Starting next year, due to Public Act 95-1031, a 17-year-old offender who commits a misdemeanor will be prosecuted in juvenile court.  But, if the 17-year-old commits a felony, the State will still treat him as an adult.   This difference between misdemeanors and felonies may not last forever.   The new law also creates a task force that will “submit a report by January 1, 2010 to the General Assembly with recommendations on extending juvenile court jurisdiction to youth age 17 charged with felony offenses.”

Jeremy Richey

Blawg Review #198

The last time I hosted this carnival, we looked to Plato for inspiration: “Wisdom is the chief and leader: next follows temperance; and from the union of these two with courage springs justice.  These four virtues take precedence in the class of divine goods.”

Today, we will find our inspiration in the seven deadly sins: lust, gluttony, greed, sloth, wrath, envy and pride.  Without further ado, here are your submissions shoehorned into these categories.

Lust

Trying to get rid of the lustful temptations in your neighborhood? You better know the law first.

Do you desire animals sexually? You’re a sicko, but should your reprehensible conduct be illegal?

Don’t mess with Texas … if you are a gang member wanting to sell sex toys.

Gluttony

Go ahead and have that extra beer — if you refuse chemical testing after having a clever conversation with an officer, perhaps you can argue that the conversation proves you were not intoxicated.

Go ahead and have that extra beer — you might be able perform field sobriety testing better after having it.

If there is ever a word drought, Scott Greenfield will be in some serious trouble — he consumes a ton of words each day.  We could have easily dedicated today’s carnival completely to him.  Among other recent posts by Scott is one on not surrendering your professional responsibility to marketers and one on lawyer rat Frank Pignatelli.

Do you have an insatiable desire to use different technological means to communicate with clients.  If so, you better read this post.

Greed

Will ESPN kill the Internet?  Brett Trout sounds an alarm.

Want to make a mint? Eric Turkewitz envisions the future of the legal blogosphere.

David Giacalone continues his never-ending fight against the “greed [that] has overwhelmed the service ethic in our profession.”

Bruce MacEwen:  “The billable hour is dead. Long live the billable hour.”

Will the Illinois Supreme Court “reject strike-suit class actions on behalf of uninjured persons?”   Mark Herrmann hopes so.

Why is no-fault auto insurance so expensive in Michigan?  Steven Gursten contends it is because “Michigan auto insurance companies have been gouging consumer[s] while hoarding record-breaking profits for years.”

Are you facing criminal charges in Fort Worth and have money to burn? If so, don’t assume that Shawn Matlock will take your case — he may not be that into you.

Sloth

Don’t be slothful with your drafting.  If you are, a court may decide that your “and” means “or.”

Would a little slothfulness by police result in more accurate eye witness testimony?

Hey lazy bones — man up and do your civic duty without whining about it on Facebook.

Wrath

Skelly links to a story of a murder defendant representing himself.

Dan Solove asks why we unleash more wrath on an innocent person than on a guilty person.

Mark Bennett, who  “is famous for having no sense of humor when it comes to totalitarianism,” takes a jab at prosecutors who have recently become defense attorneys.

Envy

Is there anything to envy about a law that requires you to remove snow from your car?

Carrying business cards can lead to an enviable experience.

Pride

Would pride prevent a prosecutor from permitting a person to prove his innocence through DNA?  Perhaps, but The Innocence Project is “urging the U.S. Supreme Court to recognize that the federal Constitution allows prisoners access to DNA testing that could prove their innocence.”

Are you too proud to stay in a jail populated by riffraff?  Why not ask a judge to allow you to create your own jail? Douglas Berman has the details.

If Illinoisans have learned anything from Blago, it is to never admit to screwing up.  TalkLeft shares such a tale after the dismissal of murder charges.

Proud of your memory? Maybe you shouldn’t be.

Will Scott Ealy, an avid runner, swallow his pride and get off the roads?

Blawg Review has information about next week’s host, and instructions how to get your blawg posts reviewed in upcoming issues.

The Opening Act?

The next Blawg Review will appear right here on this humble criminal blawg. The one after that will appear at the Texas Tornado’s Defending People — one of the finest criminal blawgs around. This makes me wonder — am I just the opening act?

Jeremy Richey

Circumstantial Evidence

What is circumstantial evidence? “Circumstantial evidence is proof of facts or circumstances that give rise to reasonable inferences of other facts that tend to establish [the] guilt or innocence of the defendant.” People v. Saxon, 871 N.E.2d 244 (Ill. App. Ct. 2007).

Yesterday, when I arrived home for lunch, I knew that birds had been in my snowy driveway while I was at work. I didn’t see the birds, so how did I know they were there? When I left home in the morning, there were no tracks of any kind in my driveway (other than tire tracks). When I arrived back home at lunch time, there were bird tracks in my driveway. Accordingly, since I observed no tracks when I left home and then observed bird tracks when I came back, I reasonably inferred that there were birds in my driveway while I was at work. My observations about the conditions of my driveway are circumstantial evidence that birds were in my driveway.

Picture of Bird Tracks

Jeremy Richey

Help Me, Help You

I can do my job much better when a client stays in touch with me and follows my directions. For example, a couple of days ago I had a DUI case up in court that had solid grounds for rescission of the driver’s statutory summary suspension. I filed a Petition to Rescind in open court and the prosecutor attempted to confess (admit) the petition. The judge hesitated accepting the confession because there wasn’t any information about the summary suspension in the court file. Thankfully, this client is excellent about promptly giving me any documents or information I ask him to give me. In my file, I had a copy of the document the Illinois Secretary of State sent to him confirming his statutory summary suspension. I gave this document to the judge, and the judge, after reviewing the document, accepted the State’s confession of the petition. If my client had not promptly sent me this document, it would have not been in my file and I would not have been able to show it to the judge. My client and I would have had to make an additional trip to court and the rescission process would have been delayed. This client helped me help him.

Jeremy Richey


BROUGHT TO YOU BY:
Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

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