Articles Posted in DUI

Many drivers realize how dangerous it is to mix alcohol and an automobile. A lot of these would never think of driving under the influence and placing themselves, their passengers, and others on the road at risk. Yet when it comes to boating, these same risks are downplayed or entirely ignored so that boaters can have a good time.

Illinois has hundreds of rivers and lakes that allow boating. It is a popular pastime among Illinois residents as well as out-of-state tourists, flooding local towns with tourism dollars and a summer boon. A lot of these boaters see time on the water as an opportunity for a party off land where anything and everything goes. For a lot of boaters, this includes alcohol.

Driving a boat while intoxicated can be just as dangerous as driving a car drunk. The alcohol has the same effect on a person’s central nervous system regardless of what type of vehicle is being operated. Alcohol is a depressant that slows the body’s ability to process information and slows reaction time. This means that if a hazard suddenly appears, like a swimmer bobbing in the water, it takes a drunk boater longer to perceive the swimmer’s presence and longer to take evasive action, like stopping the boat. This can result in an innocent person being injured or killed just because a boater wanted to have a few drinks on the water.

Boating under the influence of alcohol does not get as much attention as drunk driving, and perhaps that is some of the reason that people seem less willing to acknowledge its dangers. At the end of the day, though, operating a boat under the influence of any intoxicating compound is a violation of Illinois law and can result in a citation or criminal charge. In some cases, a boater may even be charged with a felony and risk spending serious time in prison.

There were 209 people arrested for boating under the influence in 2012 in Illinois alone. Tragically, 19 people were killed on Illinois water in boating accidents last year, and about half of those deaths have been deemed alcohol-related. Drinking and boating is not only a crime but it is claiming the lives of innocent Illinois residents every year, leaving families irreparably broken and friendships destroyed. Traditionally, July 4th celebrations have been linked with an increase in drinking among boaters and officials are aware of this. Police will be on the water throughout the week looking for signs of impairment in an effort to prevent any accidents from occurring. The best way to avoid tragedy is to designate a sober driver for the boat if any drinking will be involved and to never let someone who has been drinking take control of any motorized vehicle while on the water.
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A Bartlett man who hit and killed a 10-year-old boy last summer with a boat has been sentenced to 10 years in prison after pleading guilty to aggravated driving under the influence.

The accident happened last summer in the Chain O’ Lakes in Lake County, Illinois. The boy was tubing with his family but lost the rope. As their boat circled back to pick up the child, his family watched as a boat driven by the Bartlett man speed towards and hit the child. The boat ran over him and the propeller caused too much damage to his body for the boy to survive.

The boater was arrested after the incident and tests revealed he had alcohol and cocaine in his system while he was operating the boat. Armed with this information, prosecutors charged the driver with reckless homicide and aggravated driving under the influence. The man pleaded guilty to aggravated driving under the influence and the sentencing phase concluded last week after a two day hearing. During the hearing, the defendant apologized for his actions to the family of the boy and a witness testified that the water was choppy that day, making it difficult to impossible to see a small boy in the lake. The defendant’s ex-wife also testified on his behalf as the two have a mentally disabled daughter that the defendant cares for and supports. Despite this testimony on the defendant’s behalf, the presiding judge sentenced the man to 10 years in prison, the same number of years that the victim was alive.

The family of the victim testified about how this accident has affected their lives. Though they know the sentence will not bring the child back, the family is hoping that this case will deter future boaters from this kind of reckless behavior. They have set up a fund in the boy’s memory and plan to raise awareness for boating accidents.

The tragic thing about any accident caused by a driver under the influence of drugs or alcohol is that they are unnecessary and can be prevented. By abstaining from consuming any substance that may negatively affect the ability to drive, a driver of a car, operator of a boat, or other person controlling a motorized vehicle will be safer than those who consume drugs.
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A civil suit for wrongful death of a 5-year-old has been reportedly settled against the at-fault driver, according to local court records. The incident stems from a Labor Day car accident with a Highland Park teenager behind the wheel.

Police say the 18-year-old woman lost control of her Lexus while driving on Central Avenue in Highland Park. She veered across multiple lanes of traffic and drove up on a sidewalk where she struck a woman and the woman’s three children. A five-year-old girl died as a result of the accident and the woman and two other children were injured.

When police began an investigation into the crash, they noticed a bottle of computer dust cleaner in the teenager’s car. Blood samples were taken and the Illinois State Police Crime Laboratory ran a toxicology panel, which revealed the presence of Difluoroethane, the same chemical that is present in the computer dust cleaner that was present in her vehicle. This lead authorities to the conclusion that the woman had been “huffing,” or inhaling the chemical from the bottle in an effort to get a high from the cleaner. With this information, the state’s attorney charged the driver with one count of reckless homicide and four counts of aggravated driving under the influence of an intoxicating compound.

These criminal charges could lead to a sentence of up to 26 years in prison if the driver is convicted on all counts. In addition to these charges, the family of the killed child filed a civil lawsuit for their loss, and court records show that suit was settled for an undisclosed amount on May 7, 2013. The criminal trial in this matter has been delayed twice and is currently set for September 27, 2013 with the defendant currently free after posting a $500,000 bond.

This tragic case illustrates just how easy it is to be a victim of a reckless driver when drugs are involved. These cases are often difficult because, unlike alcohol, there is no standard limit for determining when a driver is under the influence of a drug, meaning when the driver feels the affect of any substance such that his or her ability to drive is impaired. This impairment prevents drivers from making rational and appropriate decisions on the road, putting safety before all else, and even following basic rules of the road, like stopping for red lights or yielding the right of way.

With no standard for measuring drug impairment, it is critically important that all evidence be preserved in accidents where drugs may be a factor. As in this case, many factors pointed to a drug involvement, including the actions of the defendant, the presence of a container of chemicals in her vehicle, and her erratic driving. In Illinois, it is illegal to drive with any detectable amount of a prohibited drug or chemical in your system or even the drug’s metabolites. Having the presence of a prohibited drug in your blood stream creates a presumption that a driver is under the influence and may lead to criminal charges as a result.
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New Year’s Day is rapidly approaching. It is also reportedly the most dangerous time to be in a vehicle anywhere in the nation. Likely as a result of New Year’s Eve festivities, more people are purportedly killed in alcohol-related accidents on the first day of the year than any other. According to the AAA motor club, the public should enjoy greater protections from impaired motorists.

AAA Traffic Safety Advocacy Director, Jake Nelson, said the organization is concerned about drunken driving and supports tough policies designed to keep those convicted off of the streets. For example, AAA recently came out in support of ignition interlock requirements for anyone who was previously convicted of driving while intoxicated. An ignition interlock device requires a driver to blow into a plastic tube prior to starting a motor vehicle and at a number of intervals throughout the trip. If a driver’s blood alcohol level is .05 or higher, the automobile will not start or will shut off. Nelson claims such devices are the most effective means for keeping impaired motorists off of the nation’s roadways.

A survey conducted by the AAA Foundation for Traffic Safety reportedly found that about 90 percent of drivers believe their personal safety is threatened when a motorist chooses to drink and drive. In addition, an estimated 97 percent of Americans surveyed stated it is unacceptable for intoxicated drivers to get behind the wheel of a vehicle. The 2012 Traffic Safety Culture Index also allegedly found that about 80 percent of people feel individuals who were convicted of driving while intoxicated should be required to install an ignition interlock in their personal vehicle.

Recently, the National Transportation Safety Board (NTSB) issued a recommendation in favor of laws that would require ignition interlock devices to be installed in the personal automobile of all first-time impaired driving offenders. NTSB Chairman Deborah Hersman said such technology would help to decrease or eliminate what is currently the number one killer on roadways throughout the country.

According to the Illinois Secretary of State’s Office, approximately 50,000 motorists are arrested for intoxicated driving in the state each year. An estimated 80 percent of those arrested are reportedly first-time offenders. Since 2009, Illinois motorists who are convicted of driving under the influence of alcohol may choose to have an ignition interlock installed in their vehicle for the period of time during which their licenses would typically be suspended. Once the required time frame is over, however, drivers are no longer required to maintain the device.

Regrettably, everyone traveling on the roadways is placed at risk whenever an intoxicated or otherwise impaired motorist makes the choice to drive. Tragically, the wounds that result from a crash with an intoxicated driver are often catastrophic or fatal. If you or a loved one was hurt in a collision with an impaired driver, you need a skilled personal injury attorney to help you protect your rights.
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Alcohol-related car accidents in Chicago and elsewhere throughout the state will be a top concern of officials throughout the holiday season and the remainder of the year.

State Rep. Carol Sente (D-59th) has applauded local law enforcement agencies on their efforts to track down drunk drivers on our roadways and on their efforts to keep our roads safe during the busy holiday travel season, according to The Chicago-Sun Times.Mothers Against Drunk Driving (MADD) has also commended the work of law enforcement agencies in the state for their efforts to combat drunk drivers on our roadways. Illinois recently received a five-star rating, the highest rating possible, for its efforts to stop drunk drivers. Illinois was one of the only five states that got this high of a rating.

Our Chicago drunk driving accident attorneys understand that we are not the only ones who are looking to keep our roadways free of drunk drivers over the holiday season. The U.S. Department of Transportation recently launched a nationwide crackdown, the “Drive Sober or Get Pulled Over” campaign, to target these irresponsible drivers as well, according to the National Highway Traffic Safety Administration. According to new statistics, although the number of drunk driving accidents across the country declined over the last year, about a third of all roadway fatalities are caused by a drunk driver.

“Safety is our focus year round at DOT. But this holiday season, we’re stepping up our efforts to get drunk drivers off our roads and reminding Americans ‘drive sober, or get pulled over,’ ” said U.S. Transportation Secretary Ray LaHood.

In 2010, there were 28 states that reported an increase in the number of drunk driving-related fatalities. Each of the 50 states and the District of Columbia has a legal blood alcohol concentration (BAC) limit of 0.08. Still, there were nearly 10,500 people who were killed in alcohol-related car accidents. More than 400 of these accidents happened in the second half of December!

During the USDOT’s “Drive Sober or Get Pulled Over” campaign, there will be thousands of law enforcement agencies nationwide that will join together to target intoxicated drivers on our roadways. To accompany this increased enforcement, a $7 million dollar advertisement campaign will be running from December 16th through January 2nd.

The NHTSA;s Administrator David Strickland would like to thank law enforcement agencies nationwide along with safe driving advocates for committing their efforts to making our roadways safe throughout the holiday season. This increase in efforts is expected to reduce the number of drunk driving accidents. Strickland said that the message is clear; if you drink and get behind the wheel, you will be pulled over.

“Drinking alcohol and driving do not mix,” said James Wales, with the Illinois Department of Transportation (IDOT). “If you plan to consume alcohol, you should plan not to get behind the wheel of a vehicle or ride a motorcycle.”
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