Our Personal Injury Attorney Chicago Update today deals with rail road accidents in Illinois.

Rail crossings at Nagle Avenue, 119th Street top list of area’s most dangerous
Chicago Tribune – Jon Hilkevitch Getting Around

It’s no accident the railroad tracks that cross Nagle and Avondale avenues in Chicago rank among the most dangerous in northeast Illinois.

The rail crossing tops a list of hot spots in the six-county Chicago region where multiple collisions have occurred in the last five years, according to data the Illinois Commerce Commission rail safety program compiled at the Tribune’s request.

Multiple wrecks involving trains and vehicles or pedestrians have taken place at more than 50 rail crossings in the metropolitan area since 2005, the records show. They include 119th Street west of Interstate Highway 57 in Chicago, the site of five accidents, including one fatality, and Chestnut and Lehigh avenues in Glenview, where four vehicle-train crashes occurred.

Statewide, there were 78 collisions at public railroad crossings last year in Illinois. The federal government has included Illinois in a list of the 10 worst states that have experienced the most accidents involving trains, vehicles and pedestrians.

Illinois officials bristle at the characterization of Illinois being among the worst states. They say it is a result of having the second-largest number of rail crossings ( Texas is No. 1) and heavy train and vehicle traffic.

Train accidents can cause serious personal injury.  If you or anyone you know is involved in an accident and needs a Chicago personal injury attorney, please contact our office for a free consultation.

The next story comes as no surprise to our personal injury attorneys. Chicago has long been known for its dangerous roads.

America’s 100 Deadliest Highways

TheDailyBeast.com has put out a ranking of the top 100 most dangerous interstates in the United States.  Illinois’s I-94 came in seventh on the list.  This was based upon the road’s 89 fatalities from 85 fatal crashes.   The highway thus had 1.38 fatal accidents per mile during the period of the study.

With more and more motorists hitting the road for vacation, Our Chicago Car Accident Attorneys urge everyone to be extra cautious on the roads.  If you or a loved one is involved in an accident, please contact one of our personal injury attorneys for a free consultation.   Our Chicago Truck Accident attorneys can also help resolve any issues with suspended licenses, revoked licenses and CDL suspensions.

Chicago DUI Lawyers were impressed with the New Mexico Supreme Court actually using some comon sense when deciding the following case of a man arrested for DUI while sleeping in his car.

New Mexico Supreme Court Overturns DUI Without Driving

New Mexico’s highest court has reversed an interpretation of the driving under the influence of alcohol (DUI) statute that had discouraged motorists from sleeping off a night of drinking in their automobile. In December 2004, a police officer came upon Mark Sims who was asleep in the driver’s seat of his car, which was legally parked in a commercial parking lot. Although the car keys were on the passenger seat and not in the ignition, a trial court and the court of appeals found him guilty of being in “actual physical control” of the vehicle.

The supreme court explained that this interpretation of “actual physical control” developed as a means of convicting people who had obviously driven their car while drunk but outside the view of a police officer. For example, it is obvious that a man passed out in his car in the middle of an intersection with the engine running got there by driving. The line of thought was extended to make having the potential to drive drunk in the future a crime. Justices decided such interpretations departed from the true purpose of the DUI laws.

“For example, on a cold night, an intoxicated person may use his vehicle as a temporary shelter — as a place to sleep it off — even going so far as to start the engine so that he can turn on the heater,” Justice Chavez wrote. “Such an individual, while clearly in control of his vehicle, does not pose a threat to himself, herself, or the public precisely because he has decided not to drive. The individual’s recognition that he is too intoxicated to drive embodies the aim of our DWI law and its enforcement. To subject this type of behavior to strict liability would be counterproductive.”

Illinois, like New Mexico, interprets driving as “actual physical control” of one’s vehicle.  If you know anyone arrested for DUI while sleeping in a car, please contact our office for a free consultation.

Our Chicago DUI Lawyers have always maintained that the courts should not put much faith in the standardized field sobriety tests that are so often used to convict people of drunk driving.  THe following case out of Michigan illustrates exactly why we feel that way.

Michigan: Man With 0.00 BAC Sues Over DUI Charge

US Court of Appeals allows sober motorist could sue over being arrested for drunk driving.

Judge Gilbert S Merritt JrMotorist Paul Miller filed a federal lawsuit against Sanilac County, Michigan sheriff’s department after he was accused of driving under the influence of alcohol (DUI) despite being completely sober. The US Court of Appeals for the Sixth Circuit earlier this month ruled that his case should be tried by a jury.

On February 19, 2006, Miller had been driving home from a demolition derby at around midnight on a cold, icy evening. Miller drove through a stop sign, unable to stop because of the slick road conditions, as Deputy Sheriff Jim Wagester watched. Wagester pulled Miller over claiming that he had been driving 60 MPH without a seatbelt, that he failed to immediately pull over, that his eyes were “glassy” and that he “detect[ed] a slight odor of alcohol coming from [Miller's] breath.” Miller said that Wagester fabricated the charges.

After learning that Miller had been arrested once before for DUI, Wagester administered five standard field sobriety tests in the freezing weather, insisting that Miller failed four of them. Miller refused a breathalyzer test, saying he only trusted the accuracy of blood tests. Wagester responded by slamming Miller against his patrol car, handcuffing him and driving him to a hospital for the blood test. Wagester charged miller with: failure to use a seatbelt, no proof of registration, no proof of insurance, reckless driving, refusal to submit to a breath test, minor in possession, and 0.02 percent blood-alcohol-no-tolerance-law violation.

The lab eventually reported that Miller’s blood alcohol concentration (BAC) was 0.00 and that he tested negative for narcotics. Although police dropped the charges, Miller sued for excessive force, false arrest and malicious prosecution.

More proof that standardized field sobriety tests are worthless.  Another example why it is so important to have a experienced Chicago DUI Lawyer when arrested for DUI.

Our Chicago DUI Attorneys are never surprised by the lengths the Courts will go to convict people for misdemeanor DUI.  Check out the following case in which the Supreme Court of New Mexico changed the rules to validate what should have been an invalid arrest for DUI.

New Mexico Supreme Court Upholds Phone Tip DUI Conviction

New Mexico high court allows police to make warrantless drunk driving arrest without having seen the suspect drive.

The New Mexico Supreme Court has expanded the ability of police to jail suspects for driving under the influence of alcohol (DUI) by allowing arrests to be made solely based on third-party tips. The ruling was handed down two weeks after the same court had relaxed DUI arrest rules so that motorists sleeping off a night of drinking in their automobiles would not be hit with the same penalty as if they had driven away.

On December 22, 2007, Marcos Martinez was taken into custody for drunk driving in the city of Santa Fe not because an officer saw him commit a crime, but because someone who works at a mall called in a tip. Santa Fe Police Sergeant Troy Baker responded to the call which alleged that a man was staggering in the DeVargas Mall parking lot, eventually driving away in a van. The caller had provided a license plate, so Baker went to the van owner’s home to investigate. Inside the home, Martinez was clearly drunk and unlocked the door when Baker knocked. Baker entered and arrested Martinez.

A district court found the arrest unlawful under the common law “misdemeanor arrest rule” that states a suspect may only be arrested for a misdemeanor that is committed in an officer’s presence. The rule does not apply to felonies.   The court then decided that although the legislature had designated first-time DUI to be a misdemeanor and not a felony, it would rescind the common law tradition and create a new category — a misdemeanor that is not a “minor crime.”

So when the laws that are in place don’t suit the result that the Court wants, the Court just changes the laws.   Only in the context of drunk driving arrests would this not cause outrage.

Our Chicago DUI Lawyers update on Chicago DUI checkpoints this weekend.

ROADSIDE SAFETY CHECK IN THE GRAND CENTRAL (025TH) DISTRICT
The Chicago Police Department will conduct a Roadside Safety Check in the Grand Central (025th) District at 4555 W. North Ave. The Roadside Safety check will commence at 8:00 p.m. on Friday, June 18, 2010 and end at 4:00 a.m. on Saturday, June 19, 2010.

Remember, if arrested for DUI, contact our offices for a free consultation.  Our Chicago DUI Attorneys are available at any time to answer your questions.

Our Chicago DUI Lawyers found this interesting story from Alabama which exposes that myth that there are no DUI arrest quotas.

Alabama troopers at Birmingham post instructed to cite more for DUI

The number of tickets for DUI written by state police from the Birmingham post doubled in March after a memo from the acting post commander threatened to punish any trooper who did not make at least three DUI arrests by the end of that month.

Trooper officials defended the memo from now-retired Sgt. Steve Bryant and obtained by The Birmingham News. The memo said each trooper should make at least three DUI arrests by the end of March, and that those who failed to do so could lose their day-shift assignments or opportunities for overtime pay.

“We have closed the books on the second month of the year; many of our folks have one or fewer DUI arrests,” according to Bryant’s e-mail, “… advise your personnel that anyone with less than three DUI arrests at the close of March will lose their day shifts and/or extra-duty privileges.”

Our DUI Lawyers in Chicago would love to see the scientific study that concluded that there are numerous drunk drivers that go undetected to justify the thought that the troopers were apparently “missing” DUI arrests.  Further, did you notice what the punishment was?  “loss of day shifts and/or extra-duty privileges.”  Odd, we thought DUI arrests were about public safety – not earning/keeping privileges.

The Birmingham post made 50 arrests in both January and February, but in March the number jumped to 97, according to data provided by the state troopers. In April there were 91 DUI arrests and 117 in May.

Department of Public Safety spokeswoman Martha Earnhardt said she doesn’t dispute that the e-mail contributed to the increased DUI arrests. Earnhardt emphasized the department doesn’t have a quota system.

So we are clear, there is no quota, if that’s what you think.  Move along, nothing to see here.

Our Chicago DUI Lawyers have log held that the breathalyzer machines relied on so heavily by prosecutors to find people guilty of drunk driving are not as accurate as everyone would like you to believe.  Now, this latest story out of Washington, D.C.

DC Reveals About 400 People Convicted Based on Faulty DWI Tests

Nearly 400 people in Washington, D.C., have been convicted of driving while intoxicated based on faulty breath tests that calculated blood alcohol levels about 20 percent higher than the reality.

D.C. Attorney General Peter Nickles said the problem was caused when a police officer set improper baseline levels on the machines, the Washington Post reports. Nickles’ office is contacting the convicted drivers and their lawyers.

About 200 of those convicted spent some time in jail, the story says. At least one lawsuit has already been filed based on the revelation.

Nickles’ office launched an investigation after an outside consultant indicated a possible inaccuracy.

What our Chicago DUI Attorneys would like to know is of those 400 cases, how many times did someone testify that the breathalyzer was calibrated and working properly?

Our Chicago DUI Lawyers follow-up on the story of the off-duty Chicago Police Officer who had his felony drunk driving charges dismissed.

Chicago Cop walks as DUI charges dropped in fatal ’07 crash
‘IT’S A JOKE’ | Victims’ families upset, but may press civil case

June 5, 2010
BY STEFANO ESPOSITO Staff Reporter

“It’s a joke — they say we can continue with a civil suit,” said Mayra Lagunas, 22, Erick Lagunas’ cousin. “But no amount of money is ever going to bring Erick back.”

Cook County prosecutors met privately with the Lagunas family Friday morning, gently telling them they had no choice but to drop the aggravated drunken-driving and reckless homicide charges against officer John Ardelean. Prosecutors said their case fell apart after Cook County Judge Thomas Gainer Jr. threw out key evidence against Ardelean in late April.

The Lagunas family couldn’t stand to be in the courtroom when the case was officially dismissed. The family — knowing what was coming — said they couldn’t bear to look at the police officer’s face.

A few moments later, Ardelean — wearing dark sunglasses and surrounded by four beefy men in casual clothing — walked briskly down the courthouse steps. Reporters barked questions at him, but he said nothing and offered no hint of his feelings.

Prosecutors made two attempts to prove that Ardelean did. After the two-vehicle fatal crash Nov. 22 in Roscoe Village, Ardelean was charged with misdemeanor DUI — later upgraded to a felony. But those charges were dismissed when Cook County Judge Don Panarese ruled there was “no indication” Ardelean, who was off-duty at the time, was drunk. Prosecutors reinstated charges after saying they had a lengthy surveillance videotape showing Ardelean drinking five shots and other drinks at a North Side bar shortly before the crash.

Prosecutors also suggested in pretrial hearings that police the night of the crash turned a blind eye to Ardelean’s intoxication. Among other things, he wasn’t arrested or given a Breathalyzer until seven hours after the crash. But Gainer ruled in April that the supervising officer who ultimately made the arrest didn’t have strong enough evidence to do so. Gainer’s ruling also suppressed key blood-alcohol evidence.

That ruling sparked a furious reaction, resulting in the arrest of three of Flores’ relatives after they scuffled with sheriff’s deputies.

Flores’ relatives didn’t show up Friday. Lagunas’ family said that’s because the Flores family knew how the case would end.

In a written statement, prosecutors said they’d done “extensive and in-depth” research but found there weren’t sufficient grounds to appeal Gainer’s ruling or continue with the case.

Ardelean is currently on administrative leave and has been relieved of his police powers, pending the outcome of an internal affairs investigation, the Chicago Police Department said in a statement.

Interesting ruling to say the least.  Our Chicago DUI Attorneys have been involved in hundreds of DUI cases – from first time DUI charges to felony DUI – and we have never seen a case play out quite like this.

Our Personal Injury Attorney Chicago update centers around the historic nursing home reform here in Illinois.

Nursing home reform bill passes Illinois House
By Monique Garcia, Chicago Tribune reporter

SPRINGFIELD — — House lawmakers unanimously approved legislation Thursday that would sharply raise the standards of care and safety in Illinois’ troubled nursing homes.

The measure was embraced by Democrats and Republicans alike and was sent to the Senate on a 118-0 vote, where the plan is expected to be met with similar support. A spokesman for Gov. Pat Quinn said he views the bill “favorably.”

The proposal would require nursing homes to increase staffing levels, meet higher standards before admitting patients with serious mental illness and segregate the most dangerous residents in secure units where they would receive more intensive monitoring and treatment.

Nursing home negligence is a huge problem here in Illinois.  If you or a loved one has been the victim of nursing home abuse, please contact one of our experienced Chicago Personal Injury Lawyers.