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Recent Blog Posts
Could You Be Eligible for an Illinois DUI Diversion Program?
Facing DUI charges in Illinois can feel overwhelming. Because there are serious potential consequences of a DUI conviction, you may not know what you need to do to protect yourself and your future. You may fear losing your job and your livelihood, being unable to drive due to a suspended driver’s license, the financial cost, and the public stigma that often accompanies a DUI conviction.
If you are a first-time DUI offender, there may be a bit of good news. The state of Illinois, like many states, has alternative diversion programs for first-time DUI offenders. Diversion programs focus on rehabilitation rather than punishment. If you are facing DUI charges, it is important that you speak to your Arlington Heights, IL DUI attorney regarding whether you qualify for a diversion program.
Is Aggravated Discharge of a Firearm a Felony?
A Chicago man was recently charged with aggravated discharge of a firearm and trespassing. The man allegedly entered a restricted underground CTA area near a Red Line Station, then took out a gun and fired shots upward through a grate at people walking on the sidewalk. While no one was injured when the shots were fired, the 24-year-old now faces serious charges, with serious penalties if convicted.
If you are facing a weapons charge like aggravated discharge of a firearm, you must take these charges very seriously. Weapons charges are aggressively prosecuted in the state and have severe penalties. Speaking to an experienced Rolling Meadows, IL criminal defense attorney can help ensure you receive a vigorous defense.
How Accurate Are Field Sobriety Tests Results?
Field sobriety tests often play a significant role in DUI cases. Reasonable suspicion must be present for a law enforcement officer to pull you over. Even if the officer observes you leaving a bar at 2:00 a.m. in the morning, he or she may not pull you over unless you commit a traffic infraction.
You must be violating traffic laws in some way– weaving back and forth across the center line, driving extremely slowly or at an excessive speed, running a stop sign, etc. – for the officer to legally pull you over. So, assuming you were driving erratically and were pulled over, the officer now needs probable cause to charge you with DUI.
That probable cause is usually obtained through a field sobriety test unless you are obviously slurring your words or passing out while being questioned. Field sobriety tests are not required, but few people know this, and the officer is unlikely to share that information. If you were arrested and charged with DUI after taking a field sobriety test, it is important that you speak to an experienced Rolling Meadows, IL DUI lawyer.
Understanding BAC Levels and How They Affect a DUI
Blood alcohol content, or BAC, is the amount of alcohol in a person’s blood after they have consumed alcoholic beverages. Every state in the United States except Utah has set a BAC of 0.08 percent as the legal limit. (In Utah, the limit is 0.05 percent.) Most states also set a legal limit of 0.04 percent for those with CDL licenses.
For those under the age of 21, the BAC limit could be 0.02 percent, although some states have a "zero tolerance" for underage drivers who consume alcohol. This means any level of alcohol in the minor’s system can result in DUI charges. Being charged with DUI can have a number of negative consequences.
You could potentially end up in jail, pay extremely high fines and fees, lose your driving privileges, lose your job, or be unable to obtain employment or be unable to obtain a professional license you have worked for. If you are facing DUI charges, it is in your best interests to contact an experienced Rolling Meadows, IL DUI attorney.
When Can You Walk Away from a Police Stop or Interview?
About 53.8 million U.S. residents over the age of 16 had some type of contact with police in 2020. This number was down from prior years, likely due to the pandemic. Whether you are being questioned as a suspect in a felony or misdemeanor offense or as someone with information about a crime, it can be anxiety-inducing to face police questioning.
People are often so intimidated by being questioned by the police that everything they know about "the right to remain silent" simply goes out the window. While most of us know that once we have actually been arrested, we should ask for a lawyer and stop answering police questions, what about when a police officer stops you on the street and begins asking questions? What if you are asked to come into the police station and answer questions, and you do so voluntarily?
Can a Police Officer’s Mistakes Affect Your DUI Outcome?
If you are facing DUI charges, it is normal that you are anxious about the outcome. Could you lose your job? Could you have your driver’s license suspended? Even worse, could you be sentenced to time in jail? While feelings of anxiety and fear are perfectly normal for those facing DUI charges, now might be a good time to remember that police officers are human and make mistakes.
The police officer who arrested you may have made serious errors that could potentially result in the charges being dropped or reduced, or could be used to obtain a more favorable sentence. The best step you can take is to speak to an experienced Rolling Meadows, IL DUI lawyer regarding any errors you believe were made during your DUI stop and arrest.
What Types of Mistakes Might a Police Officer Make During a DUI Stop and Arrest?
Police officers can make common DUI arrest mistakes, including the following:
Should I Plead My DUI Down to a Reckless Driving Charge?
If you have been charged with DUI, depending on the circumstances of your arrest, your attorney may be able to plead the charges down to reckless driving. While this type of plea agreement could be much better for you than taking your chances with a DUI conviction, there are questions that should be asked before you accept such an agreement.
While a plea agreement that turns your DUI charges into reckless driving charges might be your best option, there could potentially be better options available. Speak to your Rolling Meadows, IL DUI attorney to determine your best course of action, now and in the future.
What is a DUI Plea Bargain?
Under a plea bargain related to your DUI, you will enter a guilty plea or a plea of no contest to a lesser charge, like reckless driving, to avoid a DUI trial and potentially receive a much less severe sentence. The exchange for a plea deal is that you forfeit your right to a jury trial. In return, you know your sentence for reckless driving in advance.
Who Gets Arrested When Two Family Members Are Fighting?
When we hear the term "domestic violence," we usually think of violence between two people in a romantic relationship. And, in fact, the vast majority of domestic violence charges (almost 82 percent) are for violence between those who are currently in a romantic, intimate relationship or who were in a romantic, intimate relationship. That said, there are many other times when domestic violence involves family members rather than romantic partners.
The incidence of domestic family violence increases when financial hardship, unemployment, lower education, drug and alcohol abuse, and an adult’s history of his or her own childhood abuse are present. When police see a child or a woman who has been injured by domestic violence, determining who to arrest may be relatively easy – it is usually the larger male with no visible injuries.
How Long After a DUI Accident Do the Police Have to Charge You?
Suppose you were involved in a one-vehicle accident when you were coming home from a bar late at night. EMS arrived before the police and took you to the hospital, where bloodwork was done. The police showed up at the hospital later and questioned you about the accident. While it was clear they assumed you were driving under the influence and asked for a breathalyzer test, the nurse came in at that moment and took you for an X-ray to determine whether your arm was broken.
After you were treated, your wife came to the hospital, checked you out, and you went home. It’s been a week, and you still haven’t heard anything from the police regarding potential DUI charges. How worried should you be? Do the police have access to your blood results taken at the hospital? How long do they have to charge you? This can be a nerve-wracking time, wondering whether you will be charged with an Illinois DUI. The best thing you can do for your future is to speak to a highly skilled Rolling Meadows, IL DUI attorney.
What Is a "Terry Stop" – And Is It Legal?"
A landmark Supreme Court Case in 1968 – Terry v. Ohio – gave law enforcement legal permission to conduct a brief search without the need for probable cause. After this case, "stop and frisk" became alternatively known as a "Terry Stop." Stop-and-frisk allows police to detain an individual based on reasonable suspicion (a step below probable cause) and conduct a minimally invasive pat-down, usually for drugs or a weapon.
This pat-down is intended to determine whether the person in question is armed or engaged in or about to engage in some form of criminal conduct. In the context of a traffic stop, the police do not necessarily need to believe anyone in the vehicle is involved in criminal activity to perform a cursory search of the glove box if there is reasonable suspicion that there is a weapon inside. As you might imagine, Terry Stop and stop-and-frisk remain surrounded by controversy.
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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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