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Arlington Heights reckless driving defense lawyer

Traffic violations are not uncommon. Millions of people each year are issued citations and tickets for breaking traffic laws. Most of the time, these tickets just require the driver to pay a specified fine. In some cases, the driver may have to appear in traffic court to settle the issue. In other cases, a police officer might perform an arrest at a traffic stop if he or she believes the offense was serious enough. One such charge that warrants an arrest in the majority of cases is reckless driving, which is considered a misdemeanor charge in Illinois. But what exactly does the offense of reckless driving mean? 

Examples of Reckless Driving

According to the Illinois Vehicle Code, reckless driving occurs when a person does one of the following actions:

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marijuana DUI in Illinois, criminal defense lawyerA 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.

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Posted on in Criminal Law

anonymous tip, Arlington Heights DUI defense attorney, dangerous driving, drinking and driver, drunk driver, crime stopper tipsIn 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.

Decision

While recognizing that an anonymous tip, in and of itself, is not reliable enough to give an officer the authority to detain someone, the justices, led by Clarence Thomas, held that certain other elements could add legitimacy to a tip and thereby make it legally reliable.

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