Sunday, March 8, 2009

Kane County May End "No-Refusal" Weekends

Several newspapers reported last week that the Kane County State's Attorney's Office planned to conduct its second no-refusal weekend over St. Patrick's Day weekend, March 14-17, 2009.

Their plans may change, however, after a Friday ruling by Judge Kevin Busch which failed to find a defendant in contempt of court for his failure to comply with a warrant for his blood during the last no-refusal weekend.

Last Memorial Day weekend, suspected drunk drivers in Kane County who refused breathalyzers were held at the scene while assistant state's attorneys prepared search warrants for their blood and urine. The search warrants were then presented to an on-call judge for signature, oftentimes in the middle of the night. Most suspects who were confronted with a signed warrant then submitted to a blood draw. It is my understanding that the authorities did not forcibly execute those warrants, but rather arrested people who failed to voluntarily comply for contempt of court.

The Chicago Tribune reports that one person who was arrested for failing to comply with a warrant was acquitted of those charges last week at a hearing before Judge Busch.

The Tribune also reports that Kane County State's Attorney John Barsanti said he would study his options before proceeding with the upcoming no-refusal weekend, which may be postponed or eventually cancelled.

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