CHICAGO (AP) – A major ruling by an Illinois appeals court declares parts of the state’s DUI law unconstitutional.
This ruling has reversed the first-degree murder conviction of Ralph Eubanks after he was 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 Eubanks. He was convicted in 2014 and sentenced to 40 years in prison for the death of 48-year-old Maria Worthon.
A district deputy defender told the Chicago Tribune on Wednesday that the appeals court found it unconstitutional to have forced Eubanks to give blood and urine tests without a warrant.
Prosecutors could appeal to the Illinois Supreme Court. The Cook County state’s attorney office told the Tribune it’s reviewing the decision.