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Recent Blog Posts
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.
Freedom
The U.S. government estimates that about two-thirds of county jail inmates are simply awaiting trial, and the annual cost for this pretrial detention in criminal cases is about $6 billion. These numbers suggest that some defense lawyers may not be as aggressive as possible when seeking pretrial release. But remaining in custody prior to trial is a serious disadvantage.
From a legal perspective, many jurors assume that defendants who are incarcerated did something “wrong,” and so they are more willing to believe the prosecutors’ version of events. From a practical standpoint, defendants cannot work to support their families, spend time with their children, and assist in their own defense if they are behind bars.
The Law
In very succinct words, the Eighth Amendment to the United States Constitution states that “Excessive bail shall not be required.” Basically, there are two policy goals in this provision: the assurance of the defendant’s appearance at trial and the safety of the community at large. This dynamic suggests that pretrial release should be rather routine in most misdemeanors and many felonies, but as one of this author’s law school professors once pointed out, you don’t get anything unless you ask.
Illinois State Police Encourages Drivers to Avoid the Fatal Four
We are in the middle of the holiday season, and that often means more drivers on the roads. It also means office parties, family get-togethers, and special events that can amp up our propensity to drink, speed, or attempt to do too much all at once. Illinois State Police officers are encouraging everyone to stay safe, think twice, and avoid the fatal four moving violations: drinking and driving, speeding, forgetting seatbelts, and being a distracted driver.
Drinking and Driving (DUI)
It is difficult to find a holiday event without some form of alcohol. State officers expect and understand as much. What they will not allow is for you to have a few drinks and then get behind the wheel of a car – not without giving you a moving violation for driving while under the influence.
Alcohol consumption slows down your ability to react, impairs the fine motor skills needed to safely operate a vehicle, and can alter your perception of time and spice. It can also alter your visual abilities. Mesh all of this together with nighttime driving or extra drivers on the road, and you become potentially fatal to yourself and everyone around you. Keep everyone safe by ensuring you have a sober driver.
Medicinal Marijuana Users and the Risk of a DUI
The state of Illinois has issued 3,300 medical marijuana licenses to residents, and several medical dispensaries have opened up in suburban areas. But does a license to use free you from charges for driving under the influence? Right now, the answer is a bit hazy.
DUI Charges for Users Without a Registration Card
For marijuana users without a state-approved registration card, the law is clear: any trace of the drug in your system is grounds for charging you with a DUI. For registered users, the law is less clear. While driving the influence of any substance is dangerous, traces of marijuana can stay within a person’s system for days, or even weeks. This can make it very difficult to say if and when a licensed user is safe to drive. State legislators are hoping to set a legal limit, but to date, they have been unsuccessful.
Alcohol’s Effect on People as They Age May Increase Risk of DUI
In Illinois, just as in most states, a blood alcohol concentration (BAC) level of .08 or more is considered driving under the influence according to the law. However, even a BAC of under .08 can result in DUI charges if other aspects of a person’s behavior indicates they may be under the influence of alcohol.
Recent studies have revealed that as a person gets older, the effects of alcohol may become stronger. Where once that second or third glass of wine may have not had any effect, once a person hits 50 years of age, they now feel tipsy after that second glass.
The reasons for this are due to the physical changes that take place as we age. One reason has to do with the fact that as we age, our bodies have less water content and we also have less muscle mass. Another reason is that our bodies no longer produce a certain enzyme that breaks down the effect alcohol has. This results in often taking longer for that glass of wine to break down, leaving a more concentrated amount of alcohol in the blood. Because of the these changes in the body, older adults should be especially aware of any changes in how alcohol affects them, especially since it can result in a DUI arrest.
Illinois Medical Marijuana Pilot Program Finally Begins
It has taken two years, but the state’s medical marijuana program finally got underway this month when six medical marijuana stores opened their doors. The four-year pilot program is expected to eventually have approximately 60 medical marijuana dispensaries to service the anticipated 100,000 people who will be approved. Currently, however, the state has only issued 3,300 medical marijuana cards.
There are stringent rules for medical marijuana stores under which they must operate. These establishments are required to be a minimum of 1,000 feet from any daycare centers or school zones. As a result, many of the stores are actually located in industrial parks.
Employees of the stores are referred to as "bud tenders" and they work with patients to determine which type of cannabis will be the right one for the patient’s symptoms. There are two types – indica and sativa. Indica creates a relaxing effect on its user and is a better sleep aid and pain reliever than sativa. Sativa provides more of an energetic and euphoric feeling.
The Right to Due Process
According to the United States Constitution, every citizen has the right of due process. In fact, the right of due process is contained in two of the amendments in the Bill of Rights.
Under the Fifth Amendment, it is written that no person shall be "deprived of life, liberty or property without due process of law." This amendment addresses a person’s rights under federal law. In addition to due process, it also gives a person the right to protect themselves against self-incrimination; it protects a person from double jeopardy – being tried more a second time once a person has been found not guilty;
The Fourteenth Amendment uses those same words to describe the Due Process Clause. This amendment addresses a person’s rights under state law. It basically guarantees that everyone has equal protections under the law. Specifically, it forbids states to segregate schools or engage in any other discriminatory practices.
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
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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