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Arlington Heights DUI defense attorney, DUI arrest, field sobriety tests, FST, Scott F. Anderson, agility testsField 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.

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DUI checkpoints, Illinois DUI defense lawyer, traffic stops, DUI defense lawyer, drunk driving, Scott F. AndersonOver 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.

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pretrial release requirements, Arlington Heights criminal defense lawyer, Eighth Amendment, pretrial release, bond reduction hearing, Scott F. Anderson, nonviolent offenders, security bondIn 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:

  • Severity of the Offense: Bail is typically much higher in felonies than in misdemeanors—the theory being that the more serious the charges, the more likely a person is to skip trial;
  • Amount of Evidence: If there is a great deal of evidence against the accused, the judge may consider the person to be a danger to society;
  • Flight Risk: Does the accused have a passport, the means to travel, and family in a foreign state or country?; and
  • Financial Resources: The judge cannot set a bail amount that is so high that the accused cannot hope to obtain release.

The bottom line is that bail exists to guarantee the defendant’s appearance at trial. It is not a means of punishment.

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Posted on in DUI

Arlington Heights, Arlington Heights DUI attorney, blood-alcohol level, criminal defense lawyer, DUI, DUI defendant, expungement, felony DUI crimes, Illinois DUI, Illinois DUI laws, intoxication, Scott F. AndersWhen a person is charged with driving under the influence (DUI), some may assume the individual was charged with driving under the influence of alcohol. However, the scope of DUI expands to other types of offenses, such as high driving. 

According to the 2014 Illinois Fact Book, published by Secretary of State Jessie White, driving under the influence involves operating a motor vehicle while under the influence of alcohol, medically prescribed drugs such as cannabis, or any other intoxicating substances like methamphetamine. Under Illinois state laws, a person is considered to be driving under the influence of alcohol if his or her blood-alcohol level is .08 or higher.

In addition, drivers are not permitted to "operate a motor vehicle while under the influence of cannabis prescribed for medicinal purposes." If a judge finds a person guilty of DUI, his or her driver’s license could be suspended for at least six months, although the penalty could last for a year. A driver's medical cannabis card may also be revoked. Also, depending on the circumstances of the arrest, the driver could face other consequences—especially if the intoxication led to the injury or harm of another person.

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Arlington Heights drug crimes defense attorney, drug convictions, drug crimes, drug offense, Scott F. Anderson, drug possession, illegal drugs, Illinois drug chargesUse of illegal drugs is one of the largest social, economic, and political issues in contemporary America. Between the legalization of marijuana in some states, the widespread abuse of opiates (including prescription narcotics) and opiate overdoses, and the ease of accessibility to these substances, illegal drugs can cause a host of problems. When these issues extend to legal problems and drug charges, it is critical to contact an Illinois criminal defense attorney.

There are varying degrees of drug charges in the State of Illinois, and many carry very different, and often stiff penalties in their wake. Consider the following list of common street narcotics and the results if convicted when found in one's possession:

Heroin and substances containing heroin: Possession of heroin, or any substance containing heroin, carries very stiff consequences. Being caught with anywhere between 15 to 99 grams of Heroin can bring a four to fifteen year prison sentence, as well as a fine of up to $200,000.

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