Remember when J-Fed said he'd give everyone free rides if you were too tipsy to drive home? Someone better get his number:
- The Supreme Court of Illinois has denied the Lodge’s petition for leave to appeal the case of People v. Carey. As has already been reported, the Appellate Court ruled that the use of an administrative breathalyzer examination at a criminal proceeding is permissible. The Lodge filed a petition with the Supreme Court seeking an opportunity to argue our position.
The Supreme Court denied our request. Accordingly, the ruling of the Appellate Court remains in effect. Evidence obtained by IAD, whether for a criminal case or an administrative case, will be admitted into evidence at any subsequent criminal proceeding, as long as the recovery of the evidence does not violate the exclusionary rule.
To be clear, the fact that evidence was obtained administratively does not in and of itself violate the exclusionary rule and will be admitted into evidence. The Lodge will continue to monitor what it believes was an incorrect ruling by the Appellate Court and will inform the membership of any new developments.
Don't drink and drive seems a simple enough solution. Calling J-Fed for a ride seems to be the next step. And failing that, sleep it off somewhere.
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