Podcast Examines Recent Supreme Court Ruling on DUIs
The latest edition of the new podcast series "Liberty and the Law" takes a look at the recent Supreme Court ruling regarding warrantless searches for suspected DUI cases. Criminal defense attorney James Doerr of Lavelle Law explains the court's decision and shares his thoughts on how it may impact new laws in Springfield.
The recent case brought together three separate cases from Minnesota and North Dakota and addressed two distinct issues: 1) Can police require suspects to submit blood samples without a warrant when the officer suspects the driver is impaired, and 2) Can the state then add further criminal charges if the driver refuses to submit to the testing.
According to Doerr, the questions split the Supreme Court justices in multiple ways but the court did provide a 6-2 verdict that a warrant is required for a blood test. In the question of criminal charges being filed for a refusal, the court ruled that states can, in fact, make the refusal a criminal offense.
"During the podcast we discuss the line drawn by the court between submitting to a breath test and submitting to a blood draw," said Doerr. "The court determined that the limited intrusion of taking a breath test did not violate the 4th Amendment of the Constitution, but requiring a more invasive blood draw would."
The podcast can be downloaded from www.lavellecriminallaw.com or http://www.blogtalkradio.com/libertyandthelaw.
"I'm very excited to demonstrate how this new podcast series will allow us to immediately discuss rulings like this," said Doerr. "The series allows listeners to learn more about some of the facts and subtleties behind the headlines of major criminal cases and legislation."
James Doerr is a criminal defense attorney with more than two decades of experience and practices as a part of the Criminal Defense practice group at Lavelle Law in Palatine. In 2015, he was named a member of the American Association of Premier DUI Attorneys (AAPDA) and is a published appellate lawyer. His practice has been enhanced by successfully completing training with the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP) DWI Detection and Standardized Field Sobriety Testing program.
Lavelle Law, Ltd. is located in Palatine with an additional office serving clients in the Chicago Loop. The firm was founded in 1989 as a single attorney practice with an emphasis on tax law. The firm has added more than a dozen practice groups including Estate Planning, Criminal Defense, Litigation, Securities Law, and Law Practice Management. The firm has received numerous awards and commendations for their business success, their commitment to ethics, national recognition for their pro bono services and multiple acknowledgements of the charitable work they do in the local communities. For more information, visit www.lavellelaw.com or follow Lavelle Law on Twitter, Facebook and LinkedIn.