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The Police Must Have Probable Cause to Arrest

 Posted on August 19, 2011 in Criminal Law

When you are charged with a crime, especially a serious crime, you need a criminal attorney who can examine every aspect of the case, from the time you were arrested until the time you were released on bond.  Many times, police violate the rights of the accused under both the Illinois and Unites States Constitutions.  When charged with a crime, you need and experienced, creative, aggressive, criminal attorney who will fight for your rights, not just tell you to plead guilty.  A recent opinion from the Illinois Court of Appeals is an excellent example of defending a client to the fullest extent of the law.

A person was standing at a drug spot, on the street, yelling “dro, dro”.  The police arrested him for violating a city ordinance prohibiting solicitation of unlawful business on the street.  Of course, when he was searched by the police after the arrest, the police found a rather large quantity of drugs in his possession.  The arrest was challenged, contending the police did not have probable cause for the arrest.  The court found that there was probably cause, and the defendant was sentenced.  On appeal, the court found that the police did not have probable cause to believe a crime or ordinance violation was being committed or about to be committed.  The defendant won his case on appeal.

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Farmers Insurance Settles Class Action Lawsuit for Failure To Pay Medical Expenses For Persons Who Purchased Certain Farmers Insurance Coverage

 Posted on August 16, 2011 in Car Accidents

LOS ANGELES, Aug. 5, 2011 /PRNewswire/ -- Farmers Insurance announced today that it entered into a settlement of a nationwide class action lawsuit, In Re Farmers Med-Pay Litigation, pending in the District Court of Canadian County, Oklahoma (the "Court").

The settlement includes Farmers Insurance Company, Inc., Farmers Insurance Exchange, Truck Insurance Exchange, Fire Insurance Exchange, Mid-Century Insurance Company, Farmers Group, Inc., Illinois Farmers Insurance Company, and certain related entities (collectively, "Farmers").  The Court preliminarily approved the settlement on June 20, 2011.

Plaintiffs alleged that Farmers failed to pay reasonable expenses for necessary medical services related to automobile accidents under Medical Payments ("Med-pay") and Personal Injury Protection ("PIP") coverage in automobile policies based on Farmers' use of certain claim adjustment systems and procedures.  Farmers denies all of Plaintiffs' claims in the lawsuit.  However, Farmers agreed to resolve the lawsuit to avoid the burden and expense of continued litigation.

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2 killed, 2 seriously hurt in wrong-way crash on tollway

 Posted on August 12, 2011 in Car Accidents

August 11, 2011

Illinois State Police are still investigating a motor vehicle crash which killed tow people and seriously injured two others.

According to Illinois State Police Master Sgt. Carlita Joe, a red 2006 Porsche was on the eastbound lanes of the Reagan Tollway (Int. Hwy. 88) when the driver used an emergency vehicle turnaround just next to the Morton Arboretum in Lisle to cross into the westbound lanes about 6:28 p.m. Saturday.

The driver of the Porsche then continued east and hit a 2004 silver Toyota Corolla as it headed west in the second lane from the median, Joe said that one victim was pronounced dead at the scene, while another was taken to Edward Hospital in Naperville, where she was pronounced dead a short time later.

A passenger in the silver Toyota Corolla was taken to Edward and later moved Advocate Good Samaritan Hospital in Downers Grove. The driver of the Porsche, a 43-year-old man from Naperville, was taken to Good Samaritan with life-threatening injuries, police said.

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Drew Peterson’s Lawyers Not Done Yet

 Posted on December 00, 0000 in Personal Injury

The former Bolingbrook police sergeant was found guilty last week of murdering his third wife Kathleen Salvo in 2004. After this defeat, as the Chicago Tribune reports, his sons have asked to be removed from the wrongful death lawsuit that has been filed on their behalf by their late mother’s estate. This request was followed by a request by Peterson’s counsel that the entire lawsuit be dismissed.

Kris Peterson went to the Will County Courthouse after his 18th birthday to file paperwork for the civil case. At that time, the murder trial for his father was just in its second week.

Thomas was allowed to be removed from the aforementioned civil case after his 18th birthday last year. Under current Illinois law, only the children or spouse of the victim can make claim in a wrongful death suit. This civil suit was pending until the criminal trial was concluded.

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Repeat Speeding Offender Gets Six Month Sentence in Fatal Crash

 Posted on December 00, 0000 in Criminal Law

The Chicago Tribune reports that the driver in the fatal car crash that killed seventeen year old Julie Gorczynski has been sentenced to six months behind bars. The case gained national attention when its proceedings prompted harsher penalties for speeders in Illinois. “Julie’s Law” went into effect on July 1, 2012.

The fatal accident that took place last year was one in a long line of speeding offences for the driver. He is reported to have been travelling at a speed that was 36mph over the maximum speed allowed. His crashed his Mazda into a Jeep in which Julie was the passenger.

Marszalek had seven prior occurrences of speeding on his driving record at the time of the accident. Had a few of those been given stiffer penalties, he may not have been legally allowed to drive at the time of the accident, possibly keeping him off the road. The accident may have been avoided.

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Teen Hospitalizes Herself And Four Others

 Posted on December 00, 0000 in Car Accidents

Karli Casey, 19, hospitalized herself and four others in an April 28 crash in Palatine. An 84-year-old victim of the crash still remains hospitalized, Assistant State's Attorney Mike Gerber said. The Chicago Tribune reported a story about the crash and Casey's court case.

Casey's bloodwork showed heroin, codeine, and cocaine after the crash. The prosecutors also said she inhaled an aerosol cleaning product before the crash. Casey's charges have been upgraded to aggravated DUI, but the story does not report any civil charges from the people injured in the crash.

The accident allegedly took place when Casey inhaled the cleaning product, causing her to pass out behind the wheel. Another teen driver had killed a 5-year-old in a crash with similar features, according to the Tribune. In the other mentioned crash, an 18-year-old woman backed her car over a family, killing a 5-year-old girl. The driver was said to have inhaled a similar compound as Casey.

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A Different Chicago Hit-And-Run

 Posted on December 00, 0000 in Personal Injury

A reckless Chicago driver committed an unusual hit-and-run, when he narrowly missed a 68-year-old man but hit his dog instead. The 28-year-old driver, who did not have a valid driver's license, barely managed to avoid hitting Thomas Anderson in his inebriated attempt at driving a vehicle. The Chicago Tribune reported a story on the incident.

Hector De Anda Martinez, 28, already appeared in court for his indiscretion. Martinez was charged with felony aggravated DUI and cited for not having a valid driver's license or insurance, according to police. His outstanding driving skills almost brought him another charge for striking a man with his vehicle, but he managed to avoid the man, only to hit his 10-year-old dog instead.

Thomas Anderson, a 68-year-old radiologist, said he feared for his as if it were one of his four children. He was walking his two dogs and crossing the street as usual, when he had a green light, when Martinez ran a red light and drove directly towards Anderson and his dogs. Anderson said he jumped out of the way and got one dog out of the way, but the older dog got hit.

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Study Recommends Mandatory Vision Tests for Licenses

 Posted on December 00, 0000 in Car Accidents

The American Academy of Ophthalmology has announced that a recent study has shown that drivers who suffer from advanced glaucoma have twice as many accidents as drivers with normal vision. Glaucoma, which affects more than 2.7 million Americans age 40 and older, is an eye disease that affects the peripheral vision. Fluid pressure builds within the eye and can cause blindness if left untreated.

According to a report in Science Daily, the study was conducted by the Tohoku University Graduate School of Medicine, located in Sendai, Japan. The researchers studied two groups, each group comprised of 36 people. One group had advanced glaucoma; the other group members had normal vision. Age, driving experience and characteristics were matched group to group. Using a driving simulator, the study found the most ‘accidents’ occurred for both groups when an object or person entered the driver’s path from the side. However, the glaucoma group had twice as many ‘collisions’ as the other group.

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Suit filed in little boy's boating death

 Posted on December 00, 0000 in Boating Accidents

The family of a 10-year-old boy who died after he was run over by a boat has filed a lawsuit against the boater and a passenger. The family says the two were recklessly partying before the crash that took the boy's life. The Chicago Tribune reported a story on the case.

According to the family of victim, Tony Borcia, the powerboat Purple Haze was going fast enough that its bow was lifted off the water, making it impossible for the driver, David Hatyina, too see where he was going.

Hatyina, 51, faces charges of reckless homicide and aggravated driving under the influence of alcohol and cocaine, according to prosecutors. The passenger is mentioned in the suit, but she is likely to not be charged with anything.

The family's attorney said that on waterways, right of way is given to the one approaching on the right, which, in this case, was Tony's father. He was towing two of his children on an inner tube when the 29-foot Baja outlaw failed to yield and hit the boy.

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New Laws Go After Cell Phone Using Drivers

 Posted on December 00, 0000 in Car Accidents

Cell phone use while driving is the target of two new Illinois laws that went into effect January 1st. The goal of the new laws is to reduce the increasing number of fatalities that are occurring because drivers are too distracted by talking and texting, taking attention away from the road.

House Bill 5101 prohibits texting or using a hand-held cell phone while driving a commercial motor vehicle. Prior to the new law, texting was prohibited, but cell phone use was allowed. The new bill means that a driver behind the wheel of a commercial motor vehicle with cell phone in hand faces serious motor vehicle violations.

The definition of a commercial vehicle includes a vehicle used in commerce with a weight of 26001 lbs or more, a vehicle designed to transport 16 or more people, or a vehicle transporting hazardous materials.  Exceptions are RVs for personal use, military vehicles, fire trucks, police vehicles and other emergency response vehicles.

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