Illinois court deems parts of state DUI law unconstitutional - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Illinois court deems parts of state DUI law unconstitutional

(Source: Raycom Media) (Source: Raycom Media)

CHICAGO (AP) - A major ruling by an Illinois appeals court declares part of a state law on DUI tests unconstitutional and reverses the first-degree murder conviction of a man accused of fatally striking a mother and injuring her 6-year-old son in Chicago in 2009.

A 2-to-1 ruling by the Illinois Appellate Court 1st District this week orders a new trial for Ralph Eubanks. He was convicted in 2014 and sentenced to 40 years in prison in 48-year-old Maria Worthon's death.

A district deputy defender told the Chicago Tribune on Wednesday that the appeals court found it was unconstitutional to have forced Eubanks without a warrant to give blood and urine tests.

Prosecutors could appeal to the Illinois Supreme Court. The Cook County state's attorney's office told the Tribune it's reviewing the decision.

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