Archive for November, 2009

Two Counts of DUI

I was arrested for DUI and I received two tickets.  Is that bad?

It is bad that you were arrested for DUI, however, you should not be concerned about receiving two citations.  Whenever a person is arrested for driving under the influence of alcohol and blows .08 or over, the police issue two citations.  One citation will allege a violation of the .08 law (625 ILCS 5/11‑501(a)(1)) and the other will allege a DUI violation without regard to the BAC of the driver (625 ILCS 5/11‑501(a)(2)).  The circuit clerk will file both of these citations under a single DUI case number and each citation will be a separate count of DUI under that DUI case number.   So, if you blew .08 or over and received two citations, the police officer wasn’t punishing you by writing two citations; the officer was simply proceeding in the manner that officers usually proceed in this type of case.

Jeremy Richey

Meth Warning Not Needed in Alcohol DUI Case

Case Name People v. Tomczak (.pdf)

Court: Appellate Court of Illinois, Second District

Date Decision Filed: 11/19/09

In this rescission case, a police officer arrested the defendant for driving under the influence of alcohol.  The defendant argued that the government should rescind the statutory summary suspension of his driver’s license because he was not warned by the police about the suspension consequences that would occur if chemical testing revealed methamphetamine in his blood or urine.  He did receive the alcohol-related warning.  The Illinois Compiled Statutes require that a motorist be warned about the suspension consequences of a positive chemical test for methamphetamine (among other warnings).   Here, there wasn’t any evidence to suggest the involvement of methamphetamine; the evidence only suggested that this was a DUI case involving alcohol.   The appellate court acknowledged that the defendant received a defective warning, however, since  the defendant was not a member of the class that would be affected by the defective warning, rescission was not available to him (“there was no evidence that [the] defendant’s suspension was based on the presence of methamphetamine or that a test would have revealed that [the] defendant had methamphetamine in his system”).

Jeremy Richey

Arrested in College: The School of Hard Knocks

I practice law in a college town.  Each school year, there are students who discover that their actions have consequences.  For example,  some find out that drug use leads to drug arrests; others discover that excessive alcohol consumption and driving don’t mix.  College students are not invincible and they are certainly not invisible to police and prosecutors.  Criminal consequences have teeth — especially when received at a young age.  It is difficult to get a job when a person is on felony probation.  What will a prospective employer think of an applicant the employer watches blow into a device before the applicant starts his car?  Of course, there are some consequences unique to college students: university sanctions.  These sanctions can include things like academic probation and even expulsion from the school.

Each school year, the school of hard knocks opens its doors for business; wise students will learn from past graduates of this school.

Jeremy Richey

Victims Can’t Drop Charges

There are times, usually in the domestic-battery context, when a victim does not want the government to prosecute a defendant.  The victim can ask the government to not prosecute the defendant, however, the government is not required to honor the victim’s request.  The decision whether to press charges belongs solely to the prosecutor’s office.  The prosecutor can either ignore or honor a victim’s wishes.  Charges are dismissed by prosecutors and not victims.

Jeremy Richey

Effingham County Government Center

Effingham County Government Center

Effingham County Government Center -- photo taken 11/3/09

Entrance

Visitors must enter through the doors pictured above (the set on the left) and then pass through security.  The address of the Effingham County Government Center is 120 W. Jefferson Ave., Effingham, IL 62401.

Courtroom Locations

There are four courtrooms in Effingham County — courtrooms “A” through “D.”  Courtrooms “A” and “B” are located on the second floor and courtrooms “C” and “D” are located on the third floor.  Most criminal cases are held in courtroom “B.”

Hours

The courthouse is open Monday through Friday from 8:00 a.m. to 4:00 p.m.

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.