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Archive for the ‘Rolling Meadows DUI attorney’ tag

What Are Your Rights When Approaching a DUI Checkpoint?

December 26th, 2019 at 9:07 am

IL DUI, IL drunk driving lawyer, IL DUI checkpoint lawyerThe holidays are approaching and that means in Illinois, you will likely come across more DUI checkpoints as you are traveling between shopping malls, restaurants, and the homes of loved ones. During the landmark case, Michigan Department of State Police v. Sitz, the United States Supreme Court ruled that these checkpoints do not violate a person’s rights. However, the federal government leaves it up to the individual states to determine if these stops go against the state’s constitution, and how to operate them if they determine they are legal.

Unlike some states, such as neighboring Wisconsin, in Illinois, DUI checkpoints are considered legal. That doesn’t mean though, that you do not have any rights when approaching one.

How DUI Checkpoints Work

Law enforcement has the right to set up DUI checkpoints any time they wish and in nearly any location. They cannot set these checkpoints up in areas that would cause needless traffic jams, or that would pose a hazard to drivers, such as on a highway. Police typically choose a location where arrests for DUIs are common. Sometimes police departments may announce where these checkpoints are, in the hopes that it will deter drunk driving. Other times, they may be more discreet, in the hopes of catching drivers off guard.

When setting up the checkpoint, law enforcement must use lights, signal flares, or signs to tell drivers that they are approaching a checkpoint. All vehicles and officers on the scene must be clearly marked to indicate that they belong to law enforcement.

Officers are not allowed to detain drivers they have no reason to believe has been drinking or committing any other criminal activity. If they want to ask a driver to get out of their vehicle, or to search the vehicle, they must have reasonable suspicion that the driver is drunk or has committed another offense. Lastly, officers cannot arrest someone without a reason to believe that the person has committed a crime.

Your Rights at a DUI Checkpoint

In Illinois, you are allowed to turn your vehicle around if you are approaching a DUI stop and wish to avoid it. You must make this turn legally. If you decide to proceed through the checkpoint, it is important to understand that you still have the same rights as someone that is pulled over by police for a suspected DUI.

You do still have the right to remain silent if you could incriminate yourself, such as admitting that you had been drinking. You can also refuse to perform field sobriety tests and can refuse to submit to a breathalyzer test, although your driver’s license will likely be automatically suspended for one year.

If the police arrest you at the checkpoint, you still have the right to remain silent until speaking to an attorney. You also have the right to refuse to provide a blood sample until you are presented with a warrant signed by a judge.

Arrested at a DUI Checkpoint? Call an Illinois Criminal Defense Attorney

Too many people in Illinois are confused about their rights when they approach a DUI checkpoint. The fact is everyone has them and, too often, law enforcement violate those rights in their eagerness to make an arrest. If you have been charged with a DUI arrest after passing through a checkpoint, call our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley. Our attorney has the experience necessary to challenge these charges and give you the best chance of beating them. Call us today at 847-394-3200 to schedule your free consultation to learn how we can help.

 

Source:

https://www.law.cornell.edu/supremecourt/text/496/444

Tips to Avoid a DUI This Holiday

December 12th, 2019 at 8:55 am

IL DUI lawyer, IL defense attorneyThe Illinois State Police (ISP) are warning drivers that, as the holidays approach, they still must remain safe on the roads. In a news story, the ISP have warned drivers that they will be looking for motorists that are under the influence, distracted while driving and drivers that do not wear their seat belts. The worst of these infractions is certainly a DUI, so below are a few tips on how to avoid getting one of these charges.

Learn of DUI Checkpoints Ahead of Time

Of course, it is going to be much harder to avoid a DUI if you have to make it through a DUI checkpoint. Of course, no one should be driving while under the influence, but law enforcement at these checkpoints also often want to simply make arrests, whether a person is guilty or not. So, to avoid them, download an app such as PhantomAlert that can tell you where the roadblocks are.

Do Not Drive Drowsy

Drowsy driving can look a lot like drunk driving to police officers that are eager to make an arrest. Even just one drink on a stomach full of turkey can make you drowsy enough to impair your driving. Another reason to avoid driving while drowsy is also to ensure your safety, and the safety of those around you.

Designate a Driver

Of course, the best way to avoid a DUI charge is to avoid driving drunk. That often means designating a driver before you go out. If there are many festivities that you and friends or family will be attending, you can all take turns being the designated driver so everyone can celebrate the holidays, while remaining safe.

Ask for a Ride

Sometimes you may find that you had the best of intentions but that you ended up having one or two more drinks than you thought. When this is the case, it is always better to ask for a ride. Ask around at the event you are at to find out if anyone is going your way, or call an Uber or Lyft.

Plan Ahead

One of the best ways to avoid a DUI is to plan ahead so you do not find yourself stranded, which can make it that much more tempting to get behind the wheel of your car. Also, preparing for your ride home ahead of time will also be easier than asking as everyone is leaving the party, and could be cheaper too, as you may not have to rely on paid services, such as taxis and ride-sharing programs.

When the Worst Happens, Call Our Illinois Criminal Defense Lawyer

Whether or not you have followed all of the above tips, you may still find yourself facing charges. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows that not everyone charged is guilty, and he will work hard to prove you are not either. Attorney Cosley has the experience necessary to have your charges reduced, or dismissed altogether. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

https://www.galvanews.com/news/20191122/isp-prepare-for-increased-holiday-travel

 

Is There a Lookback Period in Illinois for DUIs?

April 4th, 2019 at 8:22 pm

Illinois defense lawyer, Illinois DUI attorneyMany states have a lookback period for DUI convictions. A lookback period, which is typically five to 10 years, indicates the amount of time a DUI conviction remains on a person’s driving record. This is helpful for those charged with subsequent DUIs because the prosecution and courts can only see DUIs within that timeframe. If a person was convicted of a DUI but the conviction took place longer than the lookback period, that DUI is not considered during sentencing.

So, is there a lookback period in Illinois for DUIs?

Lookback Period in Illinois

Unfortunately, in Illinois, there is no lookback period for DUIs. If a person is convicted of a DUI, it remains on their permanent driving record. This means the prosecution and judge can charge for a subsequent DUI no matter how long ago the first conviction occurred.

However, the courts will still take into consideration the length of time between a first offense and subsequent offenses when revoking a person’s driver’s license. For this reason, it is important anyone charged with a DUI speaks to a Rolling Meadows DUI lawyer that can help them beat the charges and continue to enjoy an unblemished permanent driving record.

Court Supervision

After being found guilty of driving under the influence in Rolling Meadows, the best chance a person has at avoiding jail time and high fines is court supervision.

When a judge sentences a person to court supervision, the defendant will have certain requirements and obligations they must meet. The court will then supervise that person for a period of time to ensure they are fulfilling those obligations, such as community service. Once a person can complete their court supervision successfully and without further incidence, the charges are dismissed without a conviction.

It is important that anyone sentenced with court supervision for a DUI understands this is only possible after their first DUI. Any subsequent DUI convictions are not eligible for court supervision, even if the defendant was not ordered to court supervision previously.

It is also important for all drivers in Illinois to understand that court supervision is not only possible for first-time DUIs, but also first offenses of reckless driving. The stipulations of court supervision remain the same regardless of the charge a person is facing.

Driver’s License Revocation

While Illinois may not have a lookback period for DUIs, the length of time in between subsequent DUIs does have an effect on how long a person’s driver’s license is revoked.

First-time DUI convictions will result in a person losing their driver’s license for one year. If a person is then convicted a second time of a DUI, their license is revoked for five years, but only if 20 years have passed since their first DUI.

The only subsequent DUI convictions that will not have any effect on the amount of time a person loses their driver’s license are third and fourth convictions. After a third DUI, a person will lose their license for 10 years, regardless of how long it has been since their last DUI. After a fourth conviction, a person loses their driver’s license for the rest of their life.

Without a Lookback Period, Anyone Charged with a DUI Needs a Rolling Meadows DUI Attorney

In Rolling Meadows, even one DUI conviction has serious consequences. Not only will individuals go a year without their license, but they will also have a permanent mark on their driving record. They could even have a permanent criminal record. For these reasons, anyone charged with driving under the influence needs a dedicated Rolling Meadows criminal defense lawyer that can help them build a solid defense. If you have been charged with a DUI, you simply cannot take your chances with the wrong lawyer, or try to beat the charges on your own. There is simply too much at stake. Contact the Law Offices of Christopher M. Cosley at 847-394-3200 for your best chances at retaining your license, and your freedom. Do not face the difficulties that come with even just one DUI conviction. Call today for your free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

Expunging a DUI Record

January 31st, 2019 at 7:12 pm

IL DUI lawyer, IL expungment attorneyOne of the worst penalties for mistakes made or wrongful convictions is that a person has a criminal record for the rest of their life. That criminal record can prevent them from obtaining employment, housing, and other opportunities such as post-secondary scholarships. Due to this, those with past convictions often wonder if there is any way to get their record cleared, and the mark on it erased. This is often the case with those convicted of a DUI. So, is there any way to get a DUI expunged or sealed in Rolling Meadows?

Expunging a DUI

According to the Criminal Identification Act, expunging a record is the act of physically destroying it. Instead of the records being destroyed, the records may simply be given to the person named within them. Their name may also be removed from official and public record with regard to a certain crime.

Under the law, expungement may be possible for certain arrests, court-ordered supervision, probation, and even some felonies. A DUI however, cannot be expunged from a person’s record, no matter what they were charged with or what the sentencing entailed.

Sealing a DUI

While expunging a record is essentially making it as though the record never existed in the first place, there is another option for anyone with marks on their criminal record. This is sealing their record, which is also outlined in the Criminal Identification Act.

When a record is sealed, any convictions or arrests remain on an individual’s record. However, that record is only available when it has been ordered by a judge. For example, while a landlord may not be able to view the record, a judge may be able to when the court would like to know if a person has any prior convictions.

When expunging a record is not an option, individuals often try to have their record sealed. Unfortunately, this is not an option for those with a DUI on their criminal record, either. DUI convictions in Illinois can also not be sealed.

How to Clear a Record of a DUI in Rolling Meadows

Unfortunately, there are only two ways to have a DUI cleared from a criminal record in Rolling Meadows. The first is if there were no charges filed. If the case is dismissed, or a person was arrested but the charges were dropped and the individual was never sentenced, the arrest and case can be cleared from a criminal record.

In the instance that an individual was convicted of a DUI, they only have one option. That is to ask the governor of Illinois for a pardon. This is rarely done, and pardons are even more rarely given. For this reason, it is critical that anyone facing a DUI charge speak to an attorney that can help. The best way to ensure a criminal record does not contain any DUI charges is to not get them in the first place.

A DUI Attorney in Rolling Meadows Can Help

It is important for anyone charged with a DUI to seek the help of a passionate Rolling Meadows criminal defense lawyer. An attorney can help individuals beat DUI charges, or get the charges reduced so that one day, they may be eligible to have the charge on their criminal record sealed or expunged. If you have been charged with a DUI in Rolling Meadows, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A DUI conviction likely means that a person will not be given a second chance to have their criminal record cleared. Our attorneys can help individuals fight the charges in court and retain their freedom, both now and in the future. Contact us for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=350&ChapterID=5

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Can I Get a DUI on a Bike in Illinois?

April 17th, 2018 at 8:59 am

DUI on a bike, Rolling Meadows DUI attorney, DUI conviction, aggravated DUI, DUI penaltiesAfter drinking too much, the worst decision is to get into a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some people may want to ride their bike home after having a bit too much to drink. This option is safer than driving a car; however, there are safety risks to riding a bike under the influence. Additionally, while there are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

In order to receive a DUI on a bike, the bicycle must be motorized and capable of traveling greater than 20 miles an hour. That being said, while you cannot get a DUI while riding a bike, riders are still subject to the same laws as motor vehicle drivers in Illinois.

Even if you cannot receive a DUI while riding a bike, you can definitely still receive a DUI while operating your car. Driving under the influence is dangerous, but it does happen. Moreover, you need to be aware of what can happen if you are charged with a DUI.

If you are convicted of a DUI, you can face hefty penalties. The more DUIs you have on your record, the more severe the consequences get. In Illinois, one DUI can lead to a license suspension for three months, or even more. A second DUI conviction carries the possibility of a one-year suspension of your license. Receiving a third DUI can lead to the suspension of your license for up to 10 years. The penalties rise from there. Both misdemeanor and felony convictions are possible, as well as a charge of an aggravated DUI.

Let Us Help You with Your Case

If you have been charged with a DUI, you need a dedicated and experienced Rolling Meadows DUI attorney who can fight for you. At the Law Offices of Christopher M. Cosley, we are uniquely qualified to handle your DUI defense. Do not hesitate to contact us today for help.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-217

What You Need to Know About Underage DUIs in Illinois

December 12th, 2017 at 8:10 am

Rolling Meadows DUI attorney, underage drinking, underage DUI, zero tolerance policy, driving privilegesWe all know that it is illegal to operate a motor vehicle in Illinois with a BAC of 0.08 percent or more. Yet did you know that drivers who are under 21 years of age can get in trouble for driving under the influence if they have any detectable amount of alcohol in their system? This is because Illinois has what is known as a zero tolerance driving under the influence policy.

Illinois’ Zero Tolerance Policy

As noted on the Office of the Illinois Secretary of State’s website, a driver who is less than 21 years old and is caught with even a trace amount of alcohol in his or her system can get into a lot of trouble under Illinois’ zero tolerance law. Exactly how much trouble a young driver can get in depends on how much alcohol they are found to have consumed before getting behind the wheel. For example, a person who is under 21 can be charged with a DUI (aka driving under the influence) if he or she is caught with:

  • A BAC of 0.08 percent or more,
  • A BAC of 0.05 percent or more plus additional evidence proving impairment,
  • Any illegal drugs in their system, or
  • Other indications of having been driving while under the influence.

Furthermore, Illinois’ zero tolerance law provides that a driver who is under 21 will lose his or her driving privileges if he or she is caught driving after having consumed any alcohol at all. Underage individuals who get caught driving with alcohol in their system in Illinois lose their driving privileges as follows:

  • If convicted of a first DUI – driving privileges revoked for at least two years.
  • If convicted of a second DUI within five years – driving privileges revoked for at least five years.
  • If stopped and issued a ticket for a traffic violation (first offense) – driving privileges suspended for three months.
  • If stopped and issued a ticket for a traffic violation (second offense) – driving privileges suspended for one year.

The Consequences of Underage DUIs in Illinois

In addition to losing their driving privileges for a specified period of time, underage individuals convicted of driving under the influence in Illinois can be sentenced to serve time in jail (generally imprisonment for up to one year) and/or be ordered to pay a fine (typically up to $2,500). Furthermore, those convicted of driving under the influence often find that the consequences of a DUI conviction extend far beyond the penalties imposed by the court. For example, many people find that after being convicted their insurance provider decides to terminate their auto insurance policy.

Need Legal Advice? Contact a Local Rolling Meadows DUI Attorney

Anyone who has recently been charged with driving under the influence in Illinois should contact an experienced Rolling Meadows DUI attorney Christopher M. Cosley without delay. It is important to realize that driving under the influence, whether you are over or under 21, is a serious criminal offense in Illinois that can carry steep fines and serious jail time. Therefore, if you have been accused of driving under the influence it is critical that you consult with a local criminal defense lawyer about your legal options right away.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois

October 23rd, 2017 at 6:21 am

breathalyzer test, DUI charge, DUI conviction, DUI defense, Rolling Meadows DUI attorneyIf you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

Warning Required

When a police officer asks you to take a breathalyzer test, they are legally obligated to inform you that refusing to take the test may result in the aforementioned suspension of your driver’s license.

The suspension of your driver’s license can go beyond one year, depending whether you have a criminal record and/or a prior DUI conviction.

Why Some People Opt to Decline the Breathalyzer Test

There is a belief that if you refuse a breathalyzer test, it will improve your chances of prevailing against the government’s DUI charge. This is not a sound legal strategy. Yes, the lack of an official breathalyzer result may make it more challenging for the prosecution to obtain a conviction, but it does not guarantee your victory in court. This is because the government can prove a DUI through a variety of methods, even without a breathalyzer result.

For example, the police officer who pulled you over could testify in court concerning your driving behavior and physical appearance when you were pulled over. If you underwent a field sobriety test, the results of that test are generally admissible as evidence. Also, there may be video footage from the police officer’s squad car which could potentially reveal that you were intoxicated. Some, or all, of these tests and other evidence could be considered sufficient by a jury to find you guilty of driving under the influence of drugs or alcohol.

Speak to a Rolling Meadows DUI Defense Attorney Today

Whether you agreed to take a breathalyzer test or not, you have the right to quality legal representation. That is why it makes sense to contact a passionate Rolling Meadows DUI attorney at the Law Offices of Christopher M. Cosley. We are eager to assist you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500400K5-7.1

Illinois Traffic Stops Must be Based on a Reasonable and Articulable Belief of a Traffic Violation

June 8th, 2016 at 11:08 am

Illinois traffic stops, Rolling Meadows DUI LawyerA police officer simply cannot stop you in Illinois on the grounds of drunk driving. Rather, law enforcement is not permitted to make a traffic stop without a reasonable and articulable belief that the driver has violated a traffic law, i.e., a reasonable suspicion that a law was broken. Stopping a driver for anything short of a reasonable and articulable belief that the driver has violated a traffic law would be an illegal seizure of the driver, which is a violation of the driver’s Fourth Amendment rights. Many people who are facing a DUI may be facing charges that are based on no actual violation of a traffic law. When there is no evidence of a reasonable and articulable belief that the driver broke the law, it means that the traffic stop was illegal.

How Do DUI Charges Come About?

Once a legal traffic stop has been made, a police officer can then witness evidence or facts that could lead the officer to believe that the driver was recently drinking alcohol, at which point a police officer can make allegations that the driver is driving while under the influence. Police can make a DUI arrest when they have a probable cause to believe that the driver broke the law. However, that is not to say that a driver may have engaged in activity while behind the wheel that made police suspicious as to whether the driver was under the influence of alcohol. There is a line between violating a traffic law and conducting oneself in a legal fashion, and sometimes police make mistakes about where that line is drawn.  

By way of a few examples, swerving within your own lane of traffic is not an illegal act. You might have been avoiding a pothole or other hazard in the road, weather conditions, such as a strong wind, might push your vehicle within your lane of traffic, or you might not have been paying close attention to your driving momentarily. However, as long as you stay in your own lane, you have not broken any traffic laws. Conversely, if you swerve between lanes of traffic in a dangerous or reckless way, or across a double yellow line into oncoming traffic, then you have committed a traffic violation and police can make a traffic stop.

Other reasons to make a traffic stop include:

  • Speeding violations;
  • Failing to comply with traffic signs and signals;
  • Driver or passenger is not wearing a seat belt; and
  • Equipment violations, such as a broken tail light.

Let Us Assist You Today

Police must have a reason for pulling a driver over to do an investigatory traffic stop. If other facts present themselves to the officer that lead the officer to believe that the driver is driving while under the influence, then the officer can make a DUI arrest. If you are facing DUI charges, do not hesitate to contact a skilled Rolling Meadows DUI attorney for professional assistance with your case.

Sources:

https://www.law.cornell.edu/constitution/fourth_amendment

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-603.1

Legal Issues Surrounding DUI Checkpoints

October 9th, 2014 at 7:32 pm

Illinios criminal defense attorney, Illinois DUI attorney, driving while intoxiated, DWI, Driving under the influence (DUI) cases are some of the more common cases in criminal court. While many cases may be relatively straightforward, there are certain issues that can pop up concerning police procedure in bringing these charges. Of course, each criminal case involving a DUI or other criminal charges should be evaluated in light of the particular facts surrounding the case in order to determine any issues present, as well as options the specific defendant has in addressing the charges.

One such issue that may become relevant in a DUI case is the context in which the defendant was pulled over. Some of those charged with DUI may be observed to be driving in a reckless manner by law enforcement; others may have committed a traffic infraction giving the officer pretext for the stop. Still others may have been charged with a DUI as the result of passing through a DUI checkpoint. A recent report looks at DUI checkpoints and the potential legal issues that result from them in some states, including Illinois.

No Refusal

In some states across the country, including Illinois, law enforcement officials are allowed to conduct what are known as “no-refusal” DUI checkpoints. While the legality of DUI checkpoints in general has been established for quite some time, these specific types of checkpoints are raising concerns in states that conduct them. No-refusal checkpoints involve ordering drivers who are suspected of DUI to submit to a blood test if they first refuse a standard field sobriety test.

The blood test is generally conducted after probable cause for commission of the crime is found, but some defense attorneys are saying the procedure is just a way to get around other laws in place. One problem is that the search warrants claiming probable cause to administer a blood test against the person’s wishes are reportedly mass-produced, something that goes against the general requirements of specificity and narrow scope that such documents should have. At least 30 states, counting Illinois, either have conducted no-refusal initiatives, or have the authority to do so.

On the other hand, law enforcement officials cite staggering statistics about drunk drivers and the need to get them off the road as support for no-refusal initiatives. They say that no-refusal checkpoints do not use procedure that is any different than what would otherwise be used in a DUI stop. In some states, the only difference would be the site at which the blood is drawn – normally, suspects are taken to a hospital for a blood draw after a warrant is issued for the test, while during no-refusal initiatives, there may be nurses at a jail to draw blood there. It is notable that in some states, law enforcement and judges have declined to take part in no-refusal initiative because of concerns over their legality.

DUI Lawyer

If you have been charged with a DUI, contact the experienced Rolling Meadows defense attorneys at the Law Offices of Christopher M. Cosley today to schedule a consultation.

Fatal Rollover Crash Case finally solved from 2011

July 21st, 2012 at 4:00 pm

According to an article in the Chicago Tribune, the Riverside police have cracked the case about a car crash that left one man from Woodbridge dead and one woman from Cicero slightly injured.  Back on December 7th of 2011, Magali Padilla, 24, and Cesar Ramirez, 26, were on their way home from dinner.  Police supposed that from the scene of the crash, the 2003 Mercury Mountaineer was moving at a high rate of speed when it hit a curb and proceeded to roll over multiple times.  The force of the crash ended up ejecting Ramirez from the vehicle as the SUV came to a halt on someone’s front lawn.

When police arrived at the scene they noticed a strong smell of alcohol from both Padilla and Ramirez.  Padilla was given a breathalyzer test and registered a .017, which is two times the legal limit in Illinois.  Both Padilla and Ramirez were transported to Loyola University Medical Center where Ramirez was pronounced deceased shortly after arrival.  Yet from the date of the crash up to July 7th of this year the authorities in Riverside were not sure if they could charge anyone.

Police Chief Thomas Weitzel assured the public that his department was working non-stop since the alcohol-fueled car accident.  The officers were responsible for reviewing scene evidence, hospital records, witness testimony, and hours of video surveillance.  It was by reviewing the video camera tape that the Riverside police finally solved the case.  Padilla and Ramirez were driving from a restaurant as caught on tape at 11:40 pm on December 7th, 2011.  The video revealed that Padilla was driving the vehicle and not Ramirez.

This revelation resulted in Magali Padilla being charged with reckless homicide and aggravated drunken driving.  On July 8th, 2012 Cook County Criminal Court Judge Adam Bourgeois Jr. ordered Padilla to be held on $35,000 bail.  DWI defense is complicated and often requires the finesse of a skilled DWI defense attorney in Cook County, IL.  If you have been affected by a DWI charge do not wait another day.

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