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DUI
The Unfinished Agenda
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Simplify and streamline DUI arrests so it
doesn't take two hours per arrest.
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Establish a 2 cents per drink tax to fund
DUI efforts.
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Increase Dram Shop Liability to One Million
Dollars.
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Make the bar-entry age 21 statewide to prevent
a handful of college towns from permitting
teenagers to into nightclubs.
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Adopt a minimum age of 21 to sell, serve and
deliver alcoholic beverages in the course
of employment. The current statewide minimum
age is 18, unless a county of locality raises
it. It's unrealistic to expect 18-year olds
to card their classmates and fraternity brothers.
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Put a hold on harmless provision in the liquor
code to protect retailers holding fake Ids
from civil liability if they make a good faith
error in holding a valid ID.
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Prohibit state's attorneys and village attorneys
from plea bargaining away the summary suspension
in DUI cases.
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Adopt a statutory definition of "actual physical
control of vehicle" in DUI cases to clarify
the exact circumstances under which a person
not operating the vehicle at the time of detection
may be charged.
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Apply the implied consent law to private property,
such as parking lots. Currently, a motorist
may be arrested on private property for DUI,
but he may not be summarily suspended for
the violation.
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The Zero Tolerance law also needs some fine-tuning.
a. The ZT law should apply to private property
as the DUI laws do, instead of only to public
highways as it does now. b. Police should
be authorized to tow a vehicle when its minor
driver violates the ZT law. Currently, police
may not tow the vehicle (unless they make
a criminal arrest for something else), which
means drinking kids are often permitted to
drive away.
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Prohibit the sale of beer at gas stations.
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Treat refusals to take a field
sobriety test (FST) the same as a refusal
to take the breath test, which means a six-month
summary suspension of driving privileges.
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Persons who refuse to take either the FST
or the breath test or both should be ineligible
for a Judicial Driving Permit (JDP).
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Write a hit and run law that will pass court
scrutiny so drivers who kill and then flee
may be convicted without having to prove they
knew they hit a human being and not a deer
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Confiscate driver's licenses for underage
alcohol use any time (not necessarily driving)
OTHER NEEDED TRAFFIC SAFETY INITIATIVES
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Blood Draw by Paramedics - hospital emergency rooms have unintentionally
become safe havens for drunk drivers. Hospital personnel routinely refuse
to draw blood from suspected impaired drivers at the request of police officers.
Paramedics are the logical medical professionals to draw the blood of these
drivers for use as evidence in court.
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Keg Registration - studies indicate that keg registration laws, which
require a sizeable deposit on beer kegs, have a significant impact
on underage drinking (and in turn driving). A state keg registration
law with a $50 deposit per keg is our suggestion.
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Permit automated photo enforcement of traffic
laws at red lights, grade crossings, and streets
statewide. Photo enforcement is currently
authorized only at three grade crossings
in DuPage County.
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The mandatory insurance law carries a penalty
of a $500 fine, but many judges impose lower
fines. Write the laws to take away any leeway
from judges so that all persons found in violation
of the law actually receive the prescribed
penalty.
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Unmask supervisions on the motor vehicle record, so dangerous drivers can be
identified and charged the higher insurance premiums appropriate for their
driving behavior.
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