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Recent Blog Posts
Man Charged with Two Counts of Homicide in Fatal DUI Crash
Whenever you are caught driving under the influence, charges may be brought against you. Penalties for those charges are dependent upon a number of factors, including any previous convictions, age, blood alcohol level, and whether or not you were transporting a minor at the time. If, however, someone is injured or killed in a DUI-related accident, much heavier penalties could result. Such are the charges currently being faced by a man in the neighboring state of Wisconsin after a fatal DUI crash.
Conviction Carries Up to 162 Years in Prison
According to Fox News, two people were killed and one was injured in the crash last month. The driver of one of the vehicles is being charged with two counts of operating a motor vehicle with a revoked license, causing death; two counts of homicide by intoxicated use of a motor vehicle; one count of operating a motor vehicle while revoked causing great bodily harm; and one count of injury by intoxicated use of a vehicle. If he is convicted, he could be imprisoned for up to 162 years, the maximum penalty for all six charges. If the accident had occurred in Illinois, the man would likely be facing very similar charges with comparable potential penalties.
Medical Marijuana and Child Abuse or Neglect Charges
The Illinois Compassionate Use of Medical Cannabis Pilot Program Act, which went into effect in January 2014, has some of the most stringent rules in the country, including requiring more than just a physician’s recommendation the patient be allowed to purchase medical marijuana. The state requires that there be a “bona fide” relationship between the doctor and patient, meaning that assessment and treatment of the medical condition are ongoing. Patients who apply are required to go through a background check conducted by the Illinois State Police and must be fingerprinted – all at their own expense. There are also a limited number of medical conditions which have been approved for the program. Medical marijuana can be ingested in several forms besides smoking including, candies, cookies, flour, lotions, skin patches, and vape juice.
Are Children Affected by Their Parent’s Criminal Record?
According to international statistics, the United States leads the rest of the world in arrests and incarcerations. In the past 40 years, the number of people in this country who are in jails, state correctional facilities, and federal prisons has increased fivefold. There are currently over two million Americans who are incarcerated. Broken down, this means that out of every 100,000 Americans, 716 of them are behind bars.
Even more alarming is the number of people in this country who have criminal records – one out of every three – ranging from arrests without any conviction, minor offenses, and more serious offenses. This means that approximately 100 million Americans are suffering the consequences often associated with a criminal record. Multiple studies have shown that even a minor offense can lead to multiple barriers when it comes to education, employment, housing, and public assistance, leaving those with records struggling financially, many living below the poverty line.
Unpaid Traffic Tickets Can Come Back to Haunt You
Most people know that traffic violations must be promptly dealt with, but sometimes life gets in the way and we miss the important deadline. Unfortunately, this can have a severe impact on your life. And, as one Illinois man recently learned after being jailed for a 25-year-old unpaid traffic ticket, the consequences might creep up on you when you least expect it. Avoid facing a similar fate by knowing how to effectively manage your recent traffic violation.
Implications of a Traffic Violation
Traffic violations will cost you more than just the initial fines and surcharges imposed by the state; the Illinois Secretary of State may also add points to your Illinois driving record. This can increase the cost of your automobile insurance for at least three years. Serious infractions can also lead to the temporary suspension or complete revocation of your Illinois driver’s license.
Multiple DUIs in Illinois Can Lead to Long-Term Imprisonment
New laws that were implemented at the beginning of 2016 could place more drivers with convictions for driving under the influence (DUI) back on the road. However, it should be noted that continued DUI charges can still result in subsequent punishment, including long-term imprisonment. In fact, one woman recently received a 13-year sentence after being convicted of her fifth and sixth charges of driving under the influence. Stay safe, prevent further DUIs, and know what to do if you are arrested again to protect yourself from similar consequences.
Follow All Former DUI Orders
If you have already received a DUI conviction, it is critical that you follow all orders given. This can include everything from fines and community service to the completion of a drug and alcohol program or use of an interlock device on your vehicle once your license is reinstated. Compliance can ensure you keep your license, and not attempting to drive illegally can prevent further penalties.
BAC and Drunk Driving in Illinois
In Illinois, just as in each of the other 49 states, a person who is driving with a blood alcohol content (BAC) of .08 or higher is considered legally intoxicated. However, there are cases where a person can be charged with drunk driving when they have a BAC of .05 to .08, if law enforcement produces additional evidence pointing to a driver’s impairment.
The BAC is determined by the ratio of alcohol to a person’s blood, and can also be estimated by testing samples of his or her breath. Alcohol is absorbed quickly, going from a person’s stomach, into the bloodstream, and then traveling up to the brain. The first traces of alcohol can usually be detected within 30 minutes to an hour after a person has had a drink.
Many people are under the impression that the type of alcohol they drink makes a difference – but that is a mistake. A typical drink contains about one-half ounce of alcohol. This is roughly the amount of alcohol which is found in a typical 5-ounce glass of wine, a 12-ounce beer, or a “shot” of distilled liquor.
Traffic Stops and DUI Charges
“The police officer pulled me over for no reason,” is one a common statement which many attorneys hear from their clients who may subsequently be facing DUI charges after a traffic stop. While many people may feel that law enforcement just randomly pull drivers over, there is actually a set of determinants which an officer considers before stopping a vehicle. It is important for a defendant – and their attorney – to consider those determinants once a person has been charged with driving under the influence of alcohol or drugs.
The National Highway Traffic Safety Administration (NHTSA) has developed guidelines which law enforcement should follow in the impaired driving detection process. These factors are what determines whether or not the officer had probable cause to stop the vehicle. The NHTSA recommends this process should be done in the following three stages:
Rare Condition Leads to Dismissal of Criminal DUI Case in New York
In a criminal DUI case, there may be ways to have the case dismissed or, at the very least, decrease any resulting consequences. One woman in New York had a rather unique case; because of a medical condition known as “auto-brewery syndrome,” her charges were dismissed. The final verdict may lead many other cases like it, but there are a few things you should know before attempting to use this defense yourself.
What is Auto-Brewery Syndrome?
Auto-brewery syndrome is a rare medical condition caused by abnormal amounts of gastrointestinal yeast. That yeast is capable of converting food carbohydrates from food into ethanol. As a result, blood alcohol levels could test high, even if the person has not consumed any alcohol recently. This was not quite the case for the woman in New York, but evidence suggests that, despite having drinks earlier in the day, her blood alcohol levels should have been lower than they were at the time of testing.
New Alcohol-Related Laws Take Effect January 2016
More than 200 new laws went into take effect in Illinois on January 1, 2016. A few of them relate specifically to alcohol or driving while under the influence. Know how they are expected to change, and how they may impact your life for the better (or for the worse).
Powdered Alcohol Ban
Powdered alcohol, otherwise known as Palcohol, has been on the state’s radar since early summer, 2015. Beginning in 2016, the product has been completely banned in the state and is being pulled off the shelves. Capable of being used to spike drinks, it carries a high risk of overdosing and could be used to maliciously spike the drinks of an unsuspecting individual. Five other states (Alaska, Delaware, Louisiana, South Carolina, and Vermont) have already banned the substance.
Teen Drinking
New Year, New Laws in Illinois
The ushering in of the new year not only represents new beginnings for many people, but also brings with it a flurry of legislation changes for Illinois citizens. In the majority of the circumstances, ignorance of the law is not a valid defense, so with that in mind, we want to make sure you are aware of what changes these new Illinois laws bring.
Powdered Caffeine and Powdered Alcohol
Illinois lawmakers addressed both powdered caffeine and powdered alcohol this past year, enacting laws for both. The state has banned the sale of powdered caffeine to anyone under the age of 18. This new law was prompted by the death of an Ohio teen who overdosed on the product.
Lawmakers also endorsed the banning of powdered alcohol for anyone in the state – despite the product receiving federal approval. The powder is mixed with a liquid and makes alcohol. Proponents of the new law pushed it through the legislature because they say the powder can be used to secretly spike a person’s food or drink.
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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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