Chicago DUI Lawyer Blog

Michael Buchanan, 19, was arrested last weekend for suspicion of driving under the influence and consumption of alcohol by a minor. According to Champaign County States Attorney, Buchanan’s blood alcohol content was more than double the legal limit at .164.

Buchanan was released on bond and his court date is set for October 1, 2010. He is the third starter in two weeks the Fighting Illini have had to replace. Buchanan was indefinitely suspended from the team. There is still no word as to how the university is handling the situation.

A DUI can have a detrimental affect on your personal life, career and finances. Buchanan faces possible revocation of his license, thousands of dollars in fines and legal fees, possible jail time or probation and a permanent conviction on his record.

A Libertyville women, Cheryl Yachnin, has filed a class-action lawsuit challenging Lake County’s “no-refusal weekend” program. The program allows police to obtain search warrants for suspected drunken drivers who refuse to take a breath test. Prosecutors and judges are on call to issue search warrants requesting the tests be done under penalty of contempt of court if the suspect continues to refuse.

Yachnin was found not guilt of driving under the influence of alcohol in 2008. She spent 13 hours in Lake County jail after refusing to submit to a Lake County Judge’s order to have her blood drawn by police. Her criminal defense attorney filed the suit in U.S District Court asking for the county’s “no-refusal weekend” law enforcement events be declared a violation of federal and state constitutions.

The criminal contempt charge against her was thrown out of court in October 2009.

William Larimer, 57, a commuter van driver was arrested while driving eight people home from work on Friday afternoon. Larimer was driving on I-95 in Stafford when his van was pulled over for weaving in and out of traffic. According to his employer, the passengers on the van knew Larimer had just left an office party. Larimer was allegedly asked repeatedly by several passengers if he was okay and many even volunteered to drive but he refused. Larimer has no prior DUI’s and is charged with DUI, failure to take a blood or breath test, and failure to obey highway makers. He has been let go by his employer.

Vanpool Driver Busted for DUI, www.chicagotribune.com, August 24, 2010

Jonathan Bahena, a 4-year-old child, was killed on Sunday after his mother Laticia Medel crashed into two cars. Leticia Medel, 24, has been charged with felony aggravated DUI resulting in an accident and bodily harm, driving under the influence of alcohol, driving 15 to 20 mph over the speed limit, failure to reduce speed, driving without a license, transporting an open container of alcohol, failure to properly restrain a child in her car and driving without insurance. Her alcohol level was allegedly .151, almost twice the legal limit of .08, and officers found two beer cans in her car.

Medel’s 2-year-old child and husband also in the car were injured as well. Medel was traveling east on the 4500 block of West Fullerton when she allegedly ran through a red light and struck the rear of a Honda Civic which propelled into another vehicle. Medel’s vehicle then crossed into the next lane of traffic hitting a Chevrolet Tahoe. Witnesses stated Medel took her two children and attempted to flee from the scene. Both children were rushed to Children’s Memorial Hospital, where Jonathan was pronounced dead. He suffered a lacerated liver and multiple contusions.

Medel was ordered held in lieu of $350,000 bail.

Diamonds Gentlemen’s Club of West Chicago settled for $1 million in a lawsuit that had been filed after a 2006 DUI crash the resulted in the death of a pregnant woman, her unborn child, and a patron of the club. The suit alleged that John Hamatas and John Chiariello had drank at the club until they were removed by bouncers because Homatas was found vomiting in a restroom. Employees of the club allegedly put Homatas in his car and the two men left. Fifteen minutes later, Homatas allegedly drove head-on into April Simmons’ SUV near South Elgin. Simmons, 27, was 8 months pregnant at the time.

Diamonds paid $800,000 to the husband of Simmons and the remainder of the settlement went to the family of Chiariello. $1 million was the maximum of the club’s insurance policy. Homatas settled a civil case against him for $200,00, which was the maximum amount of his insurance policy. In March, the Illinois Supreme Court found that the club was partially accountable for the accident, sparking settlement talks between the parties.

In 2007, Hamatas, 29, was found guilty in a Kane County court. He is serving 12-years in prison for aggravated DUI and reckless homicide.

A Chicago man was indicted on July 13 in connection with a Wilmette crash that resulted in the death of two Chicago teenagers. According to the Cook County State’s Attorney’s office, 20-year-old Szymon Zawadzki, pleaded not guilt on Monday on charges of aggravated DUI and reckless homicide.

He is allegedly responsible for the crash in which Veronica Rojas, 18, and Natalie Stygar, 17, of the Northwest Side were killed. The crash occurred on June 28th in Wilmette around 2:30 a.m., when Zawadzki’s car went off the road and struck a fire hydrant, then a tree and ultimately ended up in the front yard of a home. Both girls were pronounced dead at Evanston Hospital. A third girl sitting in the backseat was critically injured, while a front seat passenger was treated and released from Evanston Hospital.

Court records indicate that Zawadzki picked up the girls and went to a movie. Afterward, they allegedly bought a bottle of vodka to celebrate Rojas’ birthday at Wilmette beach.

Thomas G. Ofenloch Jr., 26, of Aurora, was sentenced to 10 years in prison for a DUI crash that killed two of his friends in 2007. The sentence stems from an Aug. 4, 2007 crash and claimed the lives of two former high school classmates of Ofenloch, Joshua Sutton and Andrew Berger.

Ofenloch’s classmates were passengers in his car when it became airborne, running through an intersection, and slamming into a tree. An accident specialist testified that the car was traveling between 104 and 113 mph when it left the road, and 58mph when it hit the tree.

The three young men had been at a party together. According to prosecutors, a blood test taken at the hospital showed that Ofenloch’s BAC was almost twice the legal limit, he also had marijuana in his system. The Kane County judge noted Ofenloch’s history of “herrendous” driving. He was allegedly arrested for DUI just 5 weeks before the fatal crash.