Despite losing a contempt case in court, it appears that Kane County State’s Attorney John Barsanti still isn’t ready to give up his No Refusal Policy.  As was previously reported, the State lost their contempt case against the one driver who refused chemical testing all the way to court, because the driver wasn’t actually obligated to do anything according to the search warrant in his case.  The warrant authorized law enforcement to perform the test, but didn’t force the driver to submit.

Now, the State’s Attorney will pursue other legal strategies to enforce No Refusal, possibly including attempts to get search warrants that would compel the refusing driver to take the chemical test or pursuing obstruction of justice charges, instead, against the refusing driver.  In each of these situations, there are constitutional rights at stake, but the main strategy is always to create fear to coerce the driver into submitting to the test.

This weekend and St Patrick’s Day have been designated “No Refusal” days by SA John Barsanti.  If you find yourself choosing whether to submit to these tactics or to refuse chemical testing on “No Refusal” weekend, contact our firm.  We will have attorneys available 24/7 during the No Refusal days to provide immediate counsel.