Kane County State's Attorney Podcast
By Samuel Partida, Jr.
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Categorical Rule Allows Warrantless Blood Draws From Unconscious Drivers)
Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw.
[Read more…]By Samuel Partida, Jr.
Birchfield v. North Dakota, SCOTUS No. 14–1468. Argued April 20, 2016—Decided June 23, 2016. Episode 186 (Duration 8:34).
May the State criminalize the failure to comply with implied consent laws? Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant. [Read more…]
By Samuel Partida, Jr.
In Illinois a reckless homicide is an unintentional killing involving a vehicle. It results when a person acts recklessly such that their conduct with a vehicle leads to the death of another individual.
[Read more…]By Samuel Partida, Jr.
Section 11-502 of the Illinois Vehicle Code states that
no driver may transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle upon a highway in this State except in the original container and with the seal unbroken.”
625 ILCS 5/11-502(a).
By Samuel Partida, Jr.
In Illinois a driver is guilty of a DUI if he is driving while under the influence of alcohol or is in actual physical control of a vehicle.