Posts Tagged ‘DWI Case’

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Drunken Driving Cases on Decline Nationwide

Posted on Feb 01, 2012

According to the Center for Disease Control stats, during 2006 and 2010, the number of drunk driving cases have declined nationwide. Could the decrease in drinking and driving incidents be linked to a slow economy? Nothing else seemed to deter people from drinking and driving on the past, so is a slow economy the solution to this problem?

Driving Under the Influence on the Decline

A recent report from the CDC (Center for Disease Control) shows that driving under the influence (DUI) is on the decline not only in certain areas, but nationwide. In four years, the number of drunk drivers has dropped by more than 25 percent. There are no specific reasons for the decline, according to a CDC behavioral scientist, Gwen Berger, the drop in drunk driving incidents may be due to economic reasons; however there may be other reasons behind the decline as well.

Berger stated, “People have cut back on leisure driving due to the economic downturn.” She said that most people seem to be drinking more at home as opposed to a bar or restaurant.

Alcohol Related Fatalities Nationwide

However, despite the figures from the CDC, the number of people drinking and driving still remains high. For example, last year alone there was more than 100 million of driving while intoxicated (DWI) incidents in the country – most of the drivers were adults. So despite the decline, DWI is still a major concern, especially in states where the number of alcohol-related fatalities still remains high.

Dangers of Driving While Intoxicated

The new ignition interlocks law that is in place to deter drunk driving requires all second-time DWI offenders to install this device in their vehicles. The ignition interlocks prevent drunk drivers from operating their vehicles if they have high blood alcohol content (BAC). This new law will play a major role in helping to reduce drunk driving incidents nationwide.

Is Drunk Driving Really on the Decline?

Do you believe that there is a decline in drunk driving cases nationwide, or are drunk drivers just not getting caught? Could the figures from the CDC be incorrect?

What’s your opinion? Please leave your comments below.

DUI, DWI cases, Drunk DrivingNo Comments »CDC Drunk Driving Incidents DUI DWI Case DWI Offender

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.

DWI Attorney, DWI casesNo Comments »DWI Attorney DWI Case

6 Sure Signs to win your DWI Case

Posted on May 17, 2010

Just because you have been charged with a DWI, it means that you are condemned to losing your DWI case. DWI lawyers are trained in the application of DWI laws and are always on the hunt to find cracks in the armor of the prosecutor’s case. This may result in you paying a minimal fee or have the case brought against dropped completely.

Many factor play a role in you winning your DWI case. These range from mistakes made by the arresting officer to the tactic employed by the prosecutor. While s good DWI lawyer will be able to easily identify the signs of the case falling apart, it is also important for you the client to be able to identify these signs also. This will let you know if your attorney is really trying to help you. Some of the tell tail signs that you are winning your DWI case include:

1. Lack of probable cause:

If your arresting officer is unable to produce evidence as to why you were pulled over in the first place, your attorney can apply to move a motion for the case to be thrown out on the basis of lack of probable cause. It is responsibility of the officer to produce this evidence, as the burden of proof is not on your shoulders.

2. Police officer failed to read you your rights:

By law, the arresting office must read your rights when making an arrest. If you can prove that this was not done, then the prosecution will be backed into a corner as one of your fundamental rights has been violated. An experienced DWI lawyer will then exploit this fact and have the entire case thrown out.

3. False reading from breath alcohol test:

A false reading on a breathalyzer machine is a dagger to the heart of any DWI case. If you are sure you had not been drinking, but you still blew a 0.8, then resort to a blood test to prove your innocence. Once the blood test does not correspond with the breathalyzer reading, the case is dead and you are on your way to win your DWI case.

4. Arresting officer refuse to appear in court:

The failure of your arresting officer to attend court sessions may help you in winning your DWI case. Judges are very annoyed at cops who play this game and at some point in time, the judge’s patience will be exceeded. When this time comes, your case will be thrown out.

5. Arresting cop keeps telling you to “blow hard”:

When doing a breathalyzer test, only normal breaths are required. It is a known fact that if successive heavy breaths are made with a breathalyzer machine, it will indicate a higher blood content level than the true value. Therefore, if this occurred during your field sobriety test, it can be a good sign of your ability to win your DWI case.

6. Arrest racial related:

Many individuals are profiled and arrested based on their ethnicity. If the arresting officer has a record of racial discrimination and this can be proven in court, a good DWI will be able to use this to win your DWI case.

DWI Laws, DWI cases1 Comment »DWI Case DWI Lawyer