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Recent Blog Posts
NHTSA Study Highlights Differences in Marijuana and Alcohol DUI Risks
A new government study addresses the issue of driving while under the influence of marijuana. This report is especially timely given that more and more states are passing new statutes allowing the use of medical marijuana.
According to the study, which was conducted by the Department of Transportation's National Highway Traffic Safety Administration (NHTSA), people who are driving while under the influence of marijuana were at a much lower risk of getting into a car accident than drivers who are under the influence of alcohol.
The report, Drug and Alcohol Crash Risk, contains the results of the NHTSA’s 20 month study. And according to that data, there is not a substantial change in the car accident risk for people who have smoked marijuana before they get behind the wheel of a car. However, drivers who have blood alcohol content (BAC) even as low as .05 increases have almost seven times the risk of crashing than someone who is sober.
Illinois Revenge Porn Law Signed by Governor
The state of Illinois recently passed what many legal analysts say is the toughest revenge porn law in the country. The governor has signed the law, which makes it a felony to post sexual videos or photos of another person online without his or her permission. The new law goes into effect June 1, 2015.
Although there are currently revenge porn laws currently in effect in 16 other states, the Illinois law is considered the strongest because of the following reasons:
- It does not matter what the defendant’s motive was in posting the photos. Some of the other state’s laws require that the offender had intent to cause emotional distress to the victim, but the Illinois law concerns itself only with the harm that is done to the victim, not what the intent of the offender was.
High Court Expands Police Powers
According to a recent United State Supreme Court case, the old adage that "ignorance of the law is no excuse" does not apply to criminal prosecutions.
The Facts
Heien v. North Carolina began on an early spring morning in 2009 near the North Carolina-Virginia border. Surry County Sheriff’s Department Sergeant Matt Darisse observed a "stiff and nervous" driver in a Ford Escort. He followed the car for several miles. Eventually, the driver slowed down and only the left brake light came on. Sergeant Darisse pulled the car over and gave the driver a warning. But the entire time, Mr. Heien was lying prone in the back seat. Sergeant Darisse became even more suspicious, obtained consent to search the car, and discovered a sandwich baggie full of cocaine.
A Brief Guide to Criminal Trespassing Laws in Illinois
Trespassing laws serve a number of important purposes. They ensure safety by defining what areas people can and cannot enter. They also protect the property of business--and homeowners.
Like any criminal offense, though, there are times when trespassing charges are not valid. It may be possible to reduce the charges or convince the court to drop them altogether. If you would like to learn about the defense strategies available, contact an experienced criminal attorney who has experience in trespassing cases.
Deciphering Trespassing Signs and Laws
According to Illinois law, it is required that a sign specifically identify which areas are open to the public. Purple markings or poles may indicate that an area is not open to the public.
Illinois BAIID Program: Driving Privileges during Suspension
The cost of a DUI arrest often begins even before the first court date for the criminal charge. If a person fails sobriety testing or refuses to submit to testing during an arrest, there is an automatic suspension of driving privileges. A first-time offender who has failed chemical testing faces a six-month suspension and a refusal to submit to testing results in an automatic 12-month driving suspension. Either of these can cause serious hardship for those who rely on driving as their transportation to and from work and other daily activities.
First-time DUI offenders in Illinois who are eligible for a Monitoring Device Driving Permit (MDDP) can opt to register for a Breath Alcohol Ignition Interlock Device (BAIID). If approved, the BAIID is installed and monitored by the Secretary of State’s office and will provide temporary driving relief during the suspended period.
Attacking the Evidence in a Criminal Case
Police officers are trained to look for several "signs" of intoxication when they first come into personal contact with a DUI suspect. Often, and especially if a defendant refused to submit to a chemical test, a prosecutor may rely on these "signs" to help prove that a driver was intoxicated. However, an experienced DUI defense attorney can refute some or all of these signs, giving a DUI suspect a much better chance to either beat a case or negotiate a more favorable plea agreement.
Traffic Violation
Speeding, running a stop sign or stop light, and making an unsafe lane change are some of the more common traffic violations that may lead to a stop. But there are plenty of factors, other than alcohol, that cause people to speed and run stop signs. Many times, an officer has actually profiled a defendant based on time of day and location. In other situations, the officers may have been working a special DUI patrol, so they had a direct incentive to locate DUI suspects.
Case Update: The Anonymous Tip
In most DUI arrests, an officer sees a motorist breaking a traffic law and that observed violation leads to an initial stop. But, what if an officer receives an anonymous tip about a drunk driver, and pulls the driver over based solely on that information? The Supreme Court considered that question earlier this year in Navarette v. California. In a 5-4 decision, the justices ruled that these stops are legal, provided the officers follow certain protocols.
Facts
In the case of Navarette v. California, officers received a 911 call about a pickup that had "ran the reporting party off the roadway." A short time thereafter, CHP officers pulled over a truck, which was occupied by two men. After the officers found 30 pounds of marijuana, the pair was arrested. At their trial, they moved to suppress the marijuana, arguing that it had been illegally obtained. However, the trial judge denied the motion, the California Court of Appeals affirmed their convictions, and the case found its way to the Supreme Court.
Suspended Driver's Licenses in the State of Illinois
If you have lost your driver’s license, then you probably know how difficult the adjustment can be. Not being able to drive can put your job in jeopardy, and having to use public transportation can be a hassle. It can also be embarrassing to ask friends and family for rides. For these reasons, it is vital that you contact an attorney if you find yourself facing charges that could lead to a license suspension.
What Does a Suspended Driver's License Mean?
A suspended driver's license is quite self-explanatory. The ruling revokes any and all driving privileges during the period of suspension. According to DMV.org, if a person with a suspended license gets behind the wheel, a judge may lengthen his or her suspension period. The person may also lose his or her car.
Field Sobriety Tests and a DUI Arrest
Field sobriety tests, or FSTs, are a critical part of a DUI arrest. If an officer suspects that a motorist may be intoxicated, the officer nearly always asks the driver to perform these agility tests. These tests also indicate whether or not a person is mentally impaired.
There are a number of FSTs, but only three have been approved by the National Highway Transportation Safety Administration. The arresting officers always say that the defendants failed the tests, and therefore they were arrested. By challenging the results, an attorney may be able to show that there was no probable cause for a DUI arrest and a case may be thrown out.
Horizontal Gaze Nystagmus
Most people are familiar with the HGN test. The test administrator, who is nearly always the officer, asks the subjects to follow a point with their eyes without moving their heads. The point is usually the tip of an ink pen in daylight hours and a flashlight at night. Nystagmus is an involuntary eye jerk. If there are four or more clues between the two eyes, the subject may have a BAC of at least .08.
Understanding DUI Checkpoints and What to Do during Traffic Stops
Over the last decade, the Department of Transportation and other government-funded organizations have tested various ways to prevent drunk driving. One of the most successful tactics is using DUI checkpoints, especially during the holidays.
Most Americans are aware that drunk driving is dangerous, and the fact that law enforcement cracks down during certain seasons has become common knowledge. This is more than a scare tactic; it aims to protect the surge of drivers who travel during the holidays.
Unfortunately, many honest people miscalculate their consumption and end up charged with driving under the influence. If you approach a DUI checkpoint and are not sure if you are over the legal limit, the following tips may prove helpful.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
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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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