Archive for the ‘DWI cases’ Category

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Cecil Conner Attorneys Fight to Win a Fatal DUI Case

Posted on Jul 07, 2011

Cecil Conner’s attorneys are fighting to win a fatal DUI case that is he is facing. The attorneys have presented evidence to a judge that may get Conner a new trial. This evidence is the fact that there are recordings of Conner’s calls from county jail that were allegedly with help from defense attorney.

Possible Evidence Violation in DUI Case

The attorneys believe that prosecutors violated evidence rules when they did not give copies of the recordings to them. They must convince the judge in order to get a new trial for their client. Most of the conversations are calls the defendant made to the mother of the 5-year-old child who died in the crash that he has been convicted of.

Detail of the DUI Accident

The crash took place on May 10, 2010 in Steger, Illinois. Conner’s girlfriend was driving her 1997 Chevy Cavalier when she was pulled over by Chicago Heights Police Officer Chris Felicetti and was arrested for driving without a license. Conner who was drunk at the time was allowed to drive the car. He then smashed the car into a tree killing the child that was sleeping at the backseat of the car. After the accident, the mother of the child filed a lawsuit against Conner, the police officer that arrested her and the town of Chicago Heights.

Delay in Conner’s DUI Sentencing

Conner was convicted in February for the charges against him and was facing up to 14 years in prison for aggravated driving under the influence (DUI). However, the sentencing was delayed when his attorneys asked for a new trial because they did not receive copies of the jailhouse recordings of their client’s phone calls. However, the judge in the case said that he needed to find out if the recordings were relevant to the case or not. The judge also wants additional information about the recordings, including confirmation of whether or not they actually exist and if prosecutors have had access to them.

Illinois State Evidence Law in this DUI Case

According to the state’s laws, prosecutors must give defense attorney any statements made by his client whether the statements are relevant to the case or not. However, what is not clear is whether this law pertains to jailhouse recording that are conducted for the security of the facility.

Jailhouse Record in Will County

Since 2006, Will County Jail has recorded inmates’ phone calls with their new digital recording system. Conner made hours of phone call to the mother of the child that died in the accident. The prosecution insists that they did not listen to any of the calls but Conner’s attorney said that this is irrelevant.

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Be a Good Host – How can you Help Control DWI Crashes after Party?

Posted on Jun 24, 2011

Everybody enjoys a party with friends or family. It is even better to have them over to your home for a party, celebration or get-together. This can lead to drinking and eventually to drunk driving and it can be dangerous to operate a vehicle when drunk. It is an offense and can result in a DWI case. One of your guests can get behind the wheel of his motor vehicle after alcohol abuse and can cause accidents which can injure others

Preventing Drunk Driving after a Party

When having a party at home, you should be a responsible host and ensure that your guests drink responsibly and do not drive under the influence as it can be dangerous and lead to a DWI case. As the host of the party, you should take certain steps to make sure that they as well as others near them are safe.

While serving alcohol to your guests, you should make sure that it is consumed in moderation and they do not drive with a blood alcohol level (BAC) over the legal limit. There have been many DWI offenses with impaired driving resulting in many fatalities and injuries every year.

If you are a host, you should ensure the following:

• Food is served along with alcohol to ensure its effective absorption
• Serve more of non-alcoholic beverages as an alternative
• Have a person to monitor alcohol consumption and the quantity being served to the guests
• Request your guests to have a driver to drive them back home after a party if they have had large amount of alcohol
• Give them an option of staying at your home
• Request them to call a taxi or ask another guest to drive the drunken guest home
• Retain the keys of the guest who insist on driving after being drunk as you might also be held liable for accidents and fatalities caused by the driver. DWI laws in some states place liability on the host who served alcohol along with the driver himself.

Therefore, it is important to be well-informed about the alcohol being consumed in your party so that you can ensure the safety of your guests, drivers on the road as well as yourself from injury and liability.

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Questions You Should Ask After DWI Offense

Posted on Jun 16, 2011

When arrested for a DWI and convicted for the crime, many state DWI laws indicate that you were driving a motor vehicle on a road or highway while under the influence of alcohol. Also, according to the peruse offense, you would be driving the vehicle when your BAC is of 0.8 percent or more.

Frequent Questions Asked After DWI Offense

• What are the various issues that might arise after DWI offense?

The various issues involved due to drunk driving are the extent of penalties and punishments you would be facing depending on whether it is a first, second of subsequent offense.

• What kind of penalty am I likely to get after DWI offense?

If it is your first offense, then most of the states give minimum penalties like fine, jail time, and suspension of driving license and admission to an alcohol treatment program. However, if it is repeated offense like a second offense, then the penalties are more severe and include a two-year license suspension or revocation of license. Some states even impound the license plates or vehicles.

• Will it is dangerous to take a blood test or a Breathalyzer test if I am asked?

Here again, the DWI laws are dependent on the state where you were arrested for alcohol abuse. You should consult a DWI lawyer if you are likely to be convicted for impaired driving as they might help you to revoke the penalties of suspension of the license. You should judge yourself on whether to go in for Breathalyzer or blood test. You would not be convicted if no chemical tests have been conducted after being arrested by police officers. However, if you refuse for these tests, your license will be suspended automatically for a long duration.

• Can a DWI lawyer avoid a first-offense DWI?

An experienced and qualified DWI lawyer can help you in avoiding or reducing the penalties and punishments you might face. He will ensure that the law enforcement follows standard procedures and defends your case effectively in the court.

When arrested for a DWI, you should immediately contact a DWI lawyer of your state as the extent of penalties varies widely and is dependent of various factors.

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