Posted on December 19, 2014 in DUI

Illinois drivers can expect Arlington Heights law enforcement and other area cities to increase patrol as this season's holiday travel begins. In fact, drivers "can expect hundreds more roadside safety checks, seat belt enforcement zones and other police saturation patrols looking for impaired drivers ... until January 1," reports KFVS12.

In the past, police have enforced a special focus on impaired driving due to alcohol being an increased factor during the holiday season. Between happy hours, work parties, and family gatherings, the number of drunk drivers on the road at this time of year can be a danger to all.

Continue Reading ››

 Posted on December 16, 2014 in DUI

Every year police departments across the nation gear up for the busy holiday season and subsequent influx of reported drunk driving incidents. According to Mothers Against Drunk Driving (MADD), there were 321 fatalities in 2012 as a result of drunk driving, representing 34 percent of all traffic deaths for the state of Illinois.

The Illinois State Police (ISP) has issued many campaigns over the years against drunk driving, especially during this time of year. A few months ago, ISP teamed up with the Illinois Department of Transportation (IDOT) and hundreds of police departments statewide to commence the "Driver Sober or Get Pulled Over" zero tolerance campaign against drunk or drugged driving prior to the Labor Day holiday weekend.

Continue Reading ››

 Posted on November 24, 2014 in Criminal Law

In any criminal case, it is very important that clients of criminal defense lawyers in Arlington Heights be free before trial, and not just for the obvious personal and family reasons. People who are in jail can visit with their attorneys only in carefully controlled conditions, so it is very difficult for them to help prepare their defense. Later, once the trial starts, jurors may believe that defendants who are in jail are more likely to be guilty.

Requirements

The Eighth Amendment to the Constitution provides that reasonable bail shall be available in all criminal cases. Typically, a magistrate sets the bail amount at a detention hearing shortly after the defendant is arrested. In setting the amount, the judge can consider the following:

Continue Reading ››

 Posted on November 17, 2014 in DUI and Breath Alcohol Tests

Reports indicate that approximately one-quarter of people pulled over in the U.S. refuse a breathalyzer test if asked. This can have serious consequences, even if you have not been drinking. Illinois driving laws include a clause that allows for a person’s license to be revoked purely on his or her refusal to submit to chemical testing when pulled over. In fact, a person can have his or her license suspended for a full year for refusing a breathalyzer test in Illinois. This is six months longer than if a person submits to a breathalyzer test and is found to have a blood alcohol content above the legal limit.

Continue Reading ››

 Posted on November 10, 2014 in DUI

A DUI in Illinois is actually two separate proceedings: the criminal prosecution and the Administrative License Revocation action to suspend a drivers’ license. A surprising number of people do not even request an ALR hearing. But, whether you win or lose, the experienced DUI defense lawyers in DuPage County can use the ALR hearing to your advantage.

Background

If you are arrested for DUI, the state will initiate suspension proceedings. Your license can be suspended for up to one year if you fail a chemical test, and up to three years if you refuse to submit to a breath or blood test. But before the state can take action, you have a right to a hearing. Typically you only have 15 days to exercise this right, so you have to act fast.

Process

The ALR hearing officer is not a judge, and may not even be a lawyer. The hearing officer serves as both prosecutor and jury. Since it is technically not a criminal process, the criminal rules of procedure do not apply. Most significantly, and this happens rather frequently, you may be called to testify against yourself.

Continue Reading ››

 Posted on November 03, 2014 in DUI

With aggressive ad campaigns targeting drunk driving, Americans should be quite familiar with the dangers associated with driving while intoxicated. Drugged driving, however, is not as widely discussed. According to recent statistics, it is an issue that might warrant greater attention.

According to the National Institute on Drug Abuse, in the past decade alone drugged driving incidents rose close to 15 percent. More recent data indicates a growing problem on American roadways. A survey conducted in 2012 revealed that more than 10 million drivers admitted to being under the influence of an illegal substance while driving at some point. The National Roadside Survey from 2007 indicated that 20 percent of weekend drivers tested positive for recent drug use. Similar reports have been surfacing in recent years as well.

Continue Reading ››

 Posted on October 27, 2014 in DUI

In August 2013, Illinois followed Colorado and Washington to become the twentieth state to legalize the medical use of cannabis under its Compassionate Use of Medical Cannabis Pilot Program Act. Under this Act, medical marijuana is legal for registered users to treat symptoms of a statute-defined debilitating medical condition. Authorization of use includes the following qualifications:

• User must be 18 years of age or older;
• User must have written certification from an Illinois-licensed physician; and
• User must be registered with the Department of Public Health.

With the passing of this Act, which went into effect January 1, 2014, there have been changes to DUI law. Prior to the Act, it was against the law for a person driving a motor vehicle to be under the influence of cannabis or have any trace of cannabis in the blood, breath or urine.

Continue Reading ››

 Posted on October 20, 2014 in First DUI Offense

The Illinois Secretary of State reports that 86 percent of drivers arrested for DUI in 2012 were first time offenders. Even for a first offense, a DUI has the potential of carrying serious penalties.

Depending on the facts surrounding the arrest, it can include:

• Court fines and fees;
• Suspension of driving privileges;
• Community service; and
• Imprisonment.

Continue Reading ››

 Posted on October 13, 2014 in DUI

Illinois maintains a Zero Tolerance Law when it comes to underage drinking and driving. An underage driver whose blood alcohol content (BAC) is .08 or greater results in an immediate six-month driver’s license suspension. A refusal to submit to a chemical test on suspicion of a DUI is grounds for a 12-month suspension.

The state’s Mothers Against Drunk Driving (MADD) statistics reveal that more than 400,000 people ages 12-20 reported alcohol use in 2011. However, due to the Zero Tolerance Law, a minor can have his or her driving privileges suspended even when not intoxicated at the legal limit of .08.

Continue Reading ››

 Posted on October 06, 2014 in DUI

An Illinois initiative to step up efforts to curtail drunk and drug-impaired driving began in August with a big push over Labor Day weekend. The Illinois State Police, Illinois Department of Transportation (IDOT), and multiple municipal county and police departments statewide, including the West Chicago Police Department, joined together for its zero tolerance campaign.

In a press release issued by IDOT, motor vehicle fatalities have decreased when compared to the same timeframe last year, but they do not want to be complacent about safety regarding both impaired driving and getting drivers to buckle up. One-third of fatal crashes involve an impaired driver and the "Drive Sober or Get Pulled Over" campaign is designed to increase awareness and compliance of state laws.

Continue Reading ››