America, the Land of the free, is celebrating her birthday this weekend. So what better time than now to violate your Constitutional rights? This weekend, during a “no refusal” sting, the Kane County State’s Attorney will collaborate with local police to strip citizens of their rights and violate the Constitution ban against unreasonable search and seizure.

Our DUI Attorneys have learned that over the next few days, special drunk driving task forces will be roving Kane county to ensure that anyone that they deem to be driving in a “suspicious” manner will be forced to give blood. These “no refusal” weekends have already failed before (Chicago DUI Attorneys Examine Kane County DUI Crackdown), but apparently that’s not going to stop the over-zealous Kane County prosecutor from trying again. Happy Birthday, America!

July 4 holiday to be ‘no refusal’ weekend
By The CHRONICLE

The Kane County State’s Attorney will collaborate with local police this holiday weekend to hold accountable those suspected drunken drivers who try to avoid prosecution by refusing to submit to a lawfully requested BAC test.

On the evenings of Friday, July 3, and Saturday, July 4, additional patrol officers will be specifically assigned to search for erratic drivers who could be intoxicated. In addition, a streamlined process will be in place for law-enforcement to obtain a search warrant for a blood sample if a drunken driving defendant refuses to submit to a lawfully requested test to determine the alcohol concentration of their blood, breath, urine or other bodily substance.

Kane County State’s Attorney John Barsanti will not reveal the location or locations of this weekend’s operation in an attempt to deter holiday revelers county-wide from drinking and then driving.

“It is our primary objective that the “No Refusal Weekend” stings serve as a deterrent to drunken driving,” Barsanti said in a press release. “If we charge zero DUIs in the targeted areas this weekend, we will consider the operation a success. Our message is simple: If you drink alcohol, please get a safe ride home.”

This will be the third “No Refusal Weekend” in Kane County in the past 14 months:

• On Memorial Day weekend 2008, officers patrolling in Batavia, Geneva and St. Charles charged 14 motorists with DUI as part of the operation. Four warrants were served. All but one submitted BAC evidence.

• During a “No Refusal” operation conducted St. Patrick’s Day weekend 2009, St. Charles officers charged three would-be drunken drivers with DUI. All submitted BAC evidence, one after being served with a warrant.

According to the National Highway Traffic Safety Administration, which is a strong proponent of “No Refusal” operations, alcohol is a major factor in fatal crashes during the July 4 holiday:

• In 2007, the most recent year that statistics are available, 34 percent of all drivers involved in traffic related crashes during the Fourth of July holiday possessed a blood alcohol concentration of .08 or higher.

• During the July 4, 2007, holiday period a total of 200 traffic-related fatalities were reported. Of those, 44 percent involved a driver with a BAC of .08 or higher.

• Overall in 2007, 41,059 people were killed in motor vehicle crashes. Of those, 12,998 people were killed in traffic crashes that involved at least one driver with a BAC of .08 or higher.

Those numbers are expected to be higher this year because July 4 is on a Saturday as part of a three-day weekend for many people.

For the past several years, according to the Illinois Secretary of State’s Office, approximately 50,000 motorists each year are cited for DUI. Of those, about 40 percent, or 20,000, refuse to submit to a BAC test, denying the state lawfully allowed evidence needed to prosecute a criminal case.

The operation is funded by a grant from the Kane County DUI Task Force.

The Law Offices of James E. Fabbrini have years of experience protecting people charged with drunk driving. From first time offenders to felony DUI, our Chicago DUI lawyers have successfully fought drunk driving charges in Chicago and the surrounding areas.

Protect your freedom, avoid trouble, and save yourself money. Contact our office today. All consultations are absolutely free. Call us at (312) 494-3131 or e-mail us your questions at Contact@WindyCityLawFirm.com

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