No Refusal Challenge Overruled - Compliance Was the Hitch

Recent news stories report on the David Schonback DUI arrest during one of Kane County's "No Refusal" weekends.  The Honorable Judge Kevin Busch agreed with the state's argument, ruling that because Schonback complied with the arresting officers and submitted a breath sample after he was stopped by Geneva police for drunken driving on May 24, 2008, he was not coerced.

We've written about Kane's No Refusal weekends - see our category archive on DUI and driving offenses .  The hitch here is that Shonback "folded" as Assistant State's Attorney Steven Simms put it, and agreed to the breath sample.

Our advice: Don't fold.  As we've previously written, there are challenges to the warrants that are issued during these No Refusal weekends.  While we do not advocate driving under the influence, we do advocate protecting your rights.

 
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