DUI “No Refusal” Weekends In Jeopardy

Our DUI Lawyers have long rallied against the “No Refusal” weekends during which motorists are informed that they will be charged with felonies for drunk driving if they exercise their Constitutional right to refuse testing. (see Kane County “No Refusal” DUI Strike Force Back This Weekend and Felony DUI Results From Refusal During Kane County’s “No Refusal” Weekend.)

Finally it looks like common sense and the Constitution has prevailed.

Kane County drunken-driving crackdown may be in peril

2 police agencies won’t take part in ‘no-refusal’ program, prosecutor says

A drunken-driving crackdown in Kane County may be in jeopardy after two police agencies said they wouldn’t participate because of controversies associated with it, State’s Atty. John Barsanti said Tuesday.

Barsanti declined to name the two departments but said both had initially expressed interest in the “no-refusal” program, which targets suspected drunken drivers who decline to blow into a Breathalyzer. “The bottom line is we’re reaching out to all these various departments, and if they’re not interested, it’s not going to happen again,” he said.

Three “no-refusal” weekends have been held in Kane County since last year. During the enforcement period, prosecutors and a judge are on call to authorize search warrants meant to compel suspected drunken drivers into providing a breath or blood sample. Declining to provide a sample results in a suspension of driving privileges, but potential repeat drunk driving offenders prefer the suspension to the revocation that comes with a second DUI conviction, authorities said.

They say prosecuting a DUI case is much harder without a sample.

The program has drawn criticism from those who consider it an abuse of police power.

Former Professional Athletes Face DUI Charges

Posted on May 23rd, 2009

Recently several former professional athletes have been involved in DUI related arrests. Former NFL stars Donte Stallworth and Bruce Smith, as well as former MLB star Jim Leyritz have all made recent headlines as their cases move through the legal system.

Below are the stories following these three former stars:

Stallworth arraignment delayed in Fla. case

MIAMI (AP) — Cleveland Browns wide receiver Donte’ Stallworth’s arraignment in Miami on DUI manslaughter charges has been delayed until next month.

A judge granted prosecutors’ request to delay the arraignment from Thursday until June 4. Prosecutors gave no reason for the delay request and Stallworth’s attorney did not oppose it.

Stallworth has not yet entered a plea to charges he was driving drunk when he struck and killed a pedestrian on March 14. Tests showed Stallworth’s blood-alcohol level was .126, well above Florida’s .08 limit.

The 28-year-old Stallworth faces up to 15 years in prison if convicted. He is free on $200,000 bail.

Judge sets trial date for ex-Yankee Jim Leyritz

FORT LAUDERDALE, Fla. (AP) — A Florida judge has set a trial date for former major leaguer Jim Leyritz on charges of DUI manslaughter in a fatal car crash.

Leyritz’s attorney J. David Bogenschutz said the retired New York Yankees player appeared at the hearing Thursday and the trial date was set for for Sept. 14.

Police say Leyritz was drunk when he ran a red light in his sport utility vehicle and caused the crash that killed 30-year-old Fredia Ann Veitch in December 2007 in Fort Lauderdale. Authorities say Veitch also had a blood-alcohol level above the legal limit.

The 45-year-old Leyritz played for six teams in 11 major league seasons, including a stint with the New York Yankees in which he hit a memorable 1996 World Series home run.

Former NFL star Bruce Smith faces DUI charge

VIRGINIA BEACH, Va. (AP) — Former NFL star Bruce Smith was charged with drunken driving Friday morning after a police officer stopped him for speeding, Virginia Beach police said.

Police spokesman Jimmy Barnes said Smith was released on bond a few hours after being charged with speeding, driving under the influence and refusal to take an alcohol breath test. He could not determine whether a hearing date has been set, and it was not immediately clear whether the 45-year-old Smith had an attorney.

Smith, who played for the Buffalo Bills and the Washington Redskins, is the NFL’s all-time sacks leader. He was elected to the Pro Football Hall of Fame earlier this year. He played in 11 Pro Bowls and was a first-team All-Pro selection nine times.

Smith played at Virginia Tech before being taken by the Bills as the No. 1 overall pick in the NFL draft in 1985. He is a native of Norfolk but now lives in Virginia Beach.

Barnes said an officer in a special DUI enforcement unit stopped Smith’s vehicle on Interstate 264 at about 1:42 a.m. He said he didn’t know how fast Smith was driving in the 55 mph zone, but it must have been less than 75 mph or he would have been charged with reckless driving instead.

He said the officer reported Smith’s demeanor was positive even though he refused the breath test.

Smith has two previous DUI arrests but has not been convicted. A 1997 charge was dismissed, and he was acquitted in 2003.

The Law Offices of James E. Fabbrini have years of experience protecting people charged with drunk driving. From first time offenders to felonies, our DUI lawyers have successfully fought DUI charges all over Illinois.

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