Illinois Lawsuit Challenges Police and Government for Unlawful DUI Arrests
An Illinois Motorist has taken a stand against DUI law enforcement in Lake County, Illinois for its perceived unfair arrest practice known as “No-Refusal Weekends.” Illinois Driver Cheryl Yachnin was arrested in 2008 during one of these promotional weekends, taken to the Lake County Jail where she remained in custody for over 12 hours and would not consent to a court-ordered blood test to determine her Blood Alcohol Content. In Illinois, as with the rest of the nation, the legal limit is. .08.
Ms. Yachnin was later found not guilty of the DUI. Pursuing her rights, perhaps to the benefit of motorists everywhere, Ms. Yachnin has filed a lawsuit against Lake County, the Village of Libertyville and several law enforcement personnel for what is alleged to be an unlawful program of DUI enforcement. Ms. Yachnin is asking for damages for those arrested under the “no refusal” program and also seeks to have the records of those arrested expunged.
Local-DUI-Attorney.org President Peter Buh commented on the program as well as the lawsuit. “No Refusal weekends occur with the cooperation of both prosecutors and judges who remain on call all weekend to obtain search warrants requesting that motorists be forced to give up evidence against them. If the motorist refuses, he or she can be found in contempt of court.”
Buh questioned the program while the lawsuit. “From the beginning of the Constitution in the United States, individuals have never been compelled to give incriminating evidence against oneself. The no-refusal weekends law forces a person to give evidence that will be later used to convict him or her of a serious crime. A law like that should be found unconstitutional.” Attorney Buh concluded. Local-DUI-Attorney.org is a lawyer referral organization which strives to connect those arrested for DUI with a local attorney who is proficient in the are of DUI law.
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