People v. McBride, 2022 IL App (4th) 220301 (December). Episode 853 (Duration 8:32)
Williams Rule means aggravated DUI count must be dismissed.
[Read more…]There Is A Difference Between Implied Consent And Actual Consent To A Blood Draw
People v. Patel, 2020 IL App (2d) 190532 (September). Episode 819 (Duration 7:05)
In a DUI trial State admitted results of blood and urine tests relying on defendant’s actual consent and not relying on an implied consent.
[Read more…]When it Comes To Hospital Blood Is There A Conflict Between Rules of Evidence And The Vehicle Code?
People v. Deroo, 2020 IL App (3d) 170163 (May). Episode 779 (Duration 9:20)
Hospital blood admitted despite conflict between the rules of evidence and clear legislation on the matter.
Read moreSome Forced Warrantless Blood Draws Remain Legal But Not This One
People v. Eubanks, 2019 IL 123525 (December). Episode 714 (Duration 23:37)
626 ILCS 11-501.2(c)(2) is constitutional and blood may be drawn if there is a death or serious injury, but not in this case.
[Read more…]Why You Should Never Pass Out While In Police Custody…You May Find Yourself In A Hospital Getting Jabbed For Blood
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…]
Categorical Rule Allows Warrantless Blood Draws From Unconscious Drivers
Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 19:02)
Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw. [Read more…]
Police Have To Be Reminded To Go Get A Warrant Before They Draw Dude’s Blood
People v. Pratt, 2018 IL App (5th) 170427 (December). Episode 574 (Duration 6:41)
Warrantless blood draw after an accident deemed unconstitutional blood results excluded. [Read more…]
Defendant Argued His Hospital Blood Could Not Be Used Against Him In A Civil Suspension Hearing
People v. Quigley, 2018 IL App (1st) 172560 (November). Episode 565 (Duration 9:50)
He was plastered and sends his car air born on the expressway, nonetheless, he says his hospital blood can’t be considered in a civil suspension hearing. [Read more…]
Warrantless Blood Draws Coming To A Hospital Near You
Episode 469 (Duration 26:45) Here’s a quick summary of Illinois cases that deal with non consensual, forceable, warrantless blood draws. [Read more…]
Consensual Blood Draw In An Illinois DUI Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed
People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53)
Defendant runs over and kills a 7 year old boy, however, the resulting DUI blood draw is out because defendant was never under arrest. [Read more…]
Police Arrest The Defendant And Hold Her Down While She’s Catheterized NonetheLess No State Action
People v. Sykes, 2017 IL App (1st) 150023 (December). Episode 439 (Duration 9:13)
Cops help hold her down while they force catheterize her, was this an illegal seizure after they captured and tested her urine? [Read more…]
In This Forced Blood Draw Case Defendant Argues There Was Exigent Circumstances That Justified A Warrantless Blood Draw At The Hospital
People v. Eubanks, 2017 IL App (1st) 142837 (December). Episode 438 (Duration 12:56)
On December 21, 2009 defendant ran over a mom and child killing the mom when he refused to give blood or urine they held him done so they could draw it. [Read more…]