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Recent Blog Posts
Unpaid Traffic Tickets Can Come Back to Haunt You
Most people know that traffic violations must be promptly dealt with, but sometimes life gets in the way and we miss the important deadline. Unfortunately, this can have a severe impact on your life. And, as one Illinois man recently learned after being jailed for a 25-year-old unpaid traffic ticket, the consequences might creep up on you when you least expect it. Avoid facing a similar fate by knowing how to effectively manage your recent traffic violation.
Implications of a Traffic Violation
Traffic violations will cost you more than just the initial fines and surcharges imposed by the state; the Illinois Secretary of State may also add points to your Illinois driving record. This can increase the cost of your automobile insurance for at least three years. Serious infractions can also lead to the temporary suspension or complete revocation of your Illinois driver’s license.
Multiple DUIs in Illinois Can Lead to Long-Term Imprisonment
New laws that were implemented at the beginning of 2016 could place more drivers with convictions for driving under the influence (DUI) back on the road. However, it should be noted that continued DUI charges can still result in subsequent punishment, including long-term imprisonment. In fact, one woman recently received a 13-year sentence after being convicted of her fifth and sixth charges of driving under the influence. Stay safe, prevent further DUIs, and know what to do if you are arrested again to protect yourself from similar consequences.
Follow All Former DUI Orders
If you have already received a DUI conviction, it is critical that you follow all orders given. This can include everything from fines and community service to the completion of a drug and alcohol program or use of an interlock device on your vehicle once your license is reinstated. Compliance can ensure you keep your license, and not attempting to drive illegally can prevent further penalties.
BAC and Drunk Driving in Illinois
In Illinois, just as in each of the other 49 states, a person who is driving with a blood alcohol content (BAC) of .08 or higher is considered legally intoxicated. However, there are cases where a person can be charged with drunk driving when they have a BAC of .05 to .08, if law enforcement produces additional evidence pointing to a driver’s impairment.
The BAC is determined by the ratio of alcohol to a person’s blood, and can also be estimated by testing samples of his or her breath. Alcohol is absorbed quickly, going from a person’s stomach, into the bloodstream, and then traveling up to the brain. The first traces of alcohol can usually be detected within 30 minutes to an hour after a person has had a drink.
Many people are under the impression that the type of alcohol they drink makes a difference – but that is a mistake. A typical drink contains about one-half ounce of alcohol. This is roughly the amount of alcohol which is found in a typical 5-ounce glass of wine, a 12-ounce beer, or a “shot” of distilled liquor.
Traffic Stops and DUI Charges
“The police officer pulled me over for no reason,” is one a common statement which many attorneys hear from their clients who may subsequently be facing DUI charges after a traffic stop. While many people may feel that law enforcement just randomly pull drivers over, there is actually a set of determinants which an officer considers before stopping a vehicle. It is important for a defendant – and their attorney – to consider those determinants once a person has been charged with driving under the influence of alcohol or drugs.
The National Highway Traffic Safety Administration (NHTSA) has developed guidelines which law enforcement should follow in the impaired driving detection process. These factors are what determines whether or not the officer had probable cause to stop the vehicle. The NHTSA recommends this process should be done in the following three stages:
Rare Condition Leads to Dismissal of Criminal DUI Case in New York
In a criminal DUI case, there may be ways to have the case dismissed or, at the very least, decrease any resulting consequences. One woman in New York had a rather unique case; because of a medical condition known as “auto-brewery syndrome,” her charges were dismissed. The final verdict may lead many other cases like it, but there are a few things you should know before attempting to use this defense yourself.
What is Auto-Brewery Syndrome?
Auto-brewery syndrome is a rare medical condition caused by abnormal amounts of gastrointestinal yeast. That yeast is capable of converting food carbohydrates from food into ethanol. As a result, blood alcohol levels could test high, even if the person has not consumed any alcohol recently. This was not quite the case for the woman in New York, but evidence suggests that, despite having drinks earlier in the day, her blood alcohol levels should have been lower than they were at the time of testing.
New Alcohol-Related Laws Take Effect January 2016
More than 200 new laws went into take effect in Illinois on January 1, 2016. A few of them relate specifically to alcohol or driving while under the influence. Know how they are expected to change, and how they may impact your life for the better (or for the worse).
Powdered Alcohol Ban
Powdered alcohol, otherwise known as Palcohol, has been on the state’s radar since early summer, 2015. Beginning in 2016, the product has been completely banned in the state and is being pulled off the shelves. Capable of being used to spike drinks, it carries a high risk of overdosing and could be used to maliciously spike the drinks of an unsuspecting individual. Five other states (Alaska, Delaware, Louisiana, South Carolina, and Vermont) have already banned the substance.
Teen Drinking
New Year, New Laws in Illinois
The ushering in of the new year not only represents new beginnings for many people, but also brings with it a flurry of legislation changes for Illinois citizens. In the majority of the circumstances, ignorance of the law is not a valid defense, so with that in mind, we want to make sure you are aware of what changes these new Illinois laws bring.
Powdered Caffeine and Powdered Alcohol
Illinois lawmakers addressed both powdered caffeine and powdered alcohol this past year, enacting laws for both. The state has banned the sale of powdered caffeine to anyone under the age of 18. This new law was prompted by the death of an Ohio teen who overdosed on the product.
Lawmakers also endorsed the banning of powdered alcohol for anyone in the state – despite the product receiving federal approval. The powder is mixed with a liquid and makes alcohol. Proponents of the new law pushed it through the legislature because they say the powder can be used to secretly spike a person’s food or drink.
Freedom
The U.S. government estimates that about two-thirds of county jail inmates are simply awaiting trial, and the annual cost for this pretrial detention in criminal cases is about $6 billion. These numbers suggest that some defense lawyers may not be as aggressive as possible when seeking pretrial release. But remaining in custody prior to trial is a serious disadvantage.
From a legal perspective, many jurors assume that defendants who are incarcerated did something “wrong,” and so they are more willing to believe the prosecutors’ version of events. From a practical standpoint, defendants cannot work to support their families, spend time with their children, and assist in their own defense if they are behind bars.
The Law
In very succinct words, the Eighth Amendment to the United States Constitution states that “Excessive bail shall not be required.” Basically, there are two policy goals in this provision: the assurance of the defendant’s appearance at trial and the safety of the community at large. This dynamic suggests that pretrial release should be rather routine in most misdemeanors and many felonies, but as one of this author’s law school professors once pointed out, you don’t get anything unless you ask.
Illinois State Police Encourages Drivers to Avoid the Fatal Four
We are in the middle of the holiday season, and that often means more drivers on the roads. It also means office parties, family get-togethers, and special events that can amp up our propensity to drink, speed, or attempt to do too much all at once. Illinois State Police officers are encouraging everyone to stay safe, think twice, and avoid the fatal four moving violations: drinking and driving, speeding, forgetting seatbelts, and being a distracted driver.
Drinking and Driving (DUI)
It is difficult to find a holiday event without some form of alcohol. State officers expect and understand as much. What they will not allow is for you to have a few drinks and then get behind the wheel of a car – not without giving you a moving violation for driving while under the influence.
Alcohol consumption slows down your ability to react, impairs the fine motor skills needed to safely operate a vehicle, and can alter your perception of time and spice. It can also alter your visual abilities. Mesh all of this together with nighttime driving or extra drivers on the road, and you become potentially fatal to yourself and everyone around you. Keep everyone safe by ensuring you have a sober driver.
Medicinal Marijuana Users and the Risk of a DUI
The state of Illinois has issued 3,300 medical marijuana licenses to residents, and several medical dispensaries have opened up in suburban areas. But does a license to use free you from charges for driving under the influence? Right now, the answer is a bit hazy.
DUI Charges for Users Without a Registration Card
For marijuana users without a state-approved registration card, the law is clear: any trace of the drug in your system is grounds for charging you with a DUI. For registered users, the law is less clear. While driving the influence of any substance is dangerous, traces of marijuana can stay within a person’s system for days, or even weeks. This can make it very difficult to say if and when a licensed user is safe to drive. State legislators are hoping to set a legal limit, but to date, they have been unsuccessful.
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Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
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