Posted on in DUI

By: Kal Issa

In Illinois, under most circumstances, police are required to either obtain a warrant or a driver’s consent in order to obtain a blood sample in order to test for the presence and/or amount of alcohol or other illicit substances in the driver’ system.[1] When a motorist refuses to consent to such a blood draw and testing, police are required to obtain a search warrant, which generally may take some time depending on the day of the week, location of the investigation and time of day as they are required to appear before a judge and lay out the facts that leads them to believe a warrant should be obtained.

However, many counties have taken advantage of an Illinois law that allows law enforcement to request and obtain a search warrant through electronic means, thereby making the process more efficient. In lieu of personally appearing before a judge, an officer can make an electronic request for a search warrant from a judge through video and audio transmission.[2] This would allow the investigating officer to immediately obtain a blood sample from the suspected impaired driver for testing and analysis.

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As reported by Lorraine Swanson of The Patch on July 2, 2018, the Village of Orland Park had the most DUI arrests of any southwest suburb in Cook County.

Orland Park landed in the top 20 of Illinois municipalities and led the south suburbs in for DUI arrests in 2017. Orland Park officers logged 216 arrests of buzzed drivers, according to the Alliance Against Intoxicated Motorists' annual DUI arrest survey.

AAIM is an Illinois-only citizen activist group founded in 1982 by victims of drunk driving based in Schaumburg. The group promotes prevention, victim advocacy and legislation for tougher drunk driving laws and is a recognized expert in this area.

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Posted on in DUI

drunk driving crashes, DUI charges, Orland Park wrongful death attorney, wrongful death lawsuits, punitive damagesSummer is here and that means lots of cookouts, family get-togethers, beach days, and vacations. At many of these social gatherings alcohol is served, and all too often, drivers make the decision to get behind the wheel of their vehicles after they have been drinking, with tragic results.

According to the National Highway Traffic Safety Administration. (NHTSA), there were 10,265 people killed in drunk driving accidents in 2015, the most current year for which statistics are available. This means that every day that year, 28 people were killed by a drunk driver. This was a sharp increase from the year before, when 9,943 people were killed in alcohol-related crashes.

In Illinois, approximately 1,000 people are killed each year in drunk driving crashes. About 35 percent of those drunk drivers are between the ages of 21 to 24. Each year, law enforcement in Illinois arrest almost 40,000 people on DUI charges, yet these horrible crashes still happen.

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We were retained to represent  a woman who was pulled over and ultimately charged with DUI.

The arresting officer had his on-board video camera turned on to show our client's alleged erratic driving, and to record the audio and video from the questioning and field sobriety tests  that were administered at the scene.

The officer testified at trial that our client had failed all of the field sobriety tests, but that she had refused to take the alcohol breath test.

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James A. Payonk, Jr.

10705 W 159th St.
Orland Park, Illinois 60467

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