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Recent Blog Posts
Suspended Driver's Licenses in the State of Illinois
If you have lost your driver’s license, then you probably know how difficult the adjustment can be. Not being able to drive can put your job in jeopardy, and having to use public transportation can be a hassle. It can also be embarrassing to ask friends and family for rides. For these reasons, it is vital that you contact an attorney if you find yourself facing charges that could lead to a license suspension.
What Does a Suspended Driver's License Mean?
A suspended driver's license is quite self-explanatory. The ruling revokes any and all driving privileges during the period of suspension. According to DMV.org, if a person with a suspended license gets behind the wheel, a judge may lengthen his or her suspension period. The person may also lose his or her car.
Field Sobriety Tests and a DUI Arrest
Field 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.
Understanding DUI Checkpoints and What to Do during Traffic Stops
Over 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.
Don’t Let a Drunk Driving Offense Put a Damper on the Holiday Spirit
Illinois drivers can expect Arlington Heights law enforcement and other area cities to increase patrol as this season's holiday travel begins. In fact, drivers "can expect hundreds more roadside safety checks, seat belt enforcement zones and other police saturation patrols looking for impaired drivers ... until January 1," reports KFVS12.
In the past, police have enforced a special focus on impaired driving due to alcohol being an increased factor during the holiday season. Between happy hours, work parties, and family gatherings, the number of drunk drivers on the road at this time of year can be a danger to all.
December in Illinois: Drunk and Drugged Driving (3-D) Prevention Month
Every year police departments across the nation gear up for the busy holiday season and subsequent influx of reported drunk driving incidents. According to Mothers Against Drunk Driving (MADD), there were 321 fatalities in 2012 as a result of drunk driving, representing 34 percent of all traffic deaths for the state of Illinois.
The Illinois State Police (ISP) has issued many campaigns over the years against drunk driving, especially during this time of year. A few months ago, ISP teamed up with the Illinois Department of Transportation (IDOT) and hundreds of police departments statewide to commence the "Driver Sober or Get Pulled Over" zero tolerance campaign against drunk or drugged driving prior to the Labor Day holiday weekend.
Pretrial Release: The Requirements and the Process
In 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:
Refusing a Chemical Test during DUI Arrest in Illinois
Reports indicate that approximately one-quarter of people pulled over in the U.S. refuse a breathalyzer test if asked. This can have serious consequences, even if you have not been drinking. Illinois driving laws include a clause that allows for a person’s license to be revoked purely on his or her refusal to submit to chemical testing when pulled over. In fact, a person can have his or her license suspended for a full year for refusing a breathalyzer test in Illinois. This is six months longer than if a person submits to a breathalyzer test and is found to have a blood alcohol content above the legal limit.
The ALR Hearing: A Trial Within a Trial
A DUI in Illinois is actually two separate proceedings: the criminal prosecution and the Administrative License Revocation action to suspend a drivers’ license. A surprising number of people do not even request an ALR hearing. But, whether you win or lose, the experienced DUI defense lawyers in DuPage County can use the ALR hearing to your advantage.
Background
If you are arrested for DUI, the state will initiate suspension proceedings. Your license can be suspended for up to one year if you fail a chemical test, and up to three years if you refuse to submit to a breath or blood test. But before the state can take action, you have a right to a hearing. Typically you only have 15 days to exercise this right, so you have to act fast.
Process
The ALR hearing officer is not a judge, and may not even be a lawyer. The hearing officer serves as both prosecutor and jury. Since it is technically not a criminal process, the criminal rules of procedure do not apply. Most significantly, and this happens rather frequently, you may be called to testify against yourself.
Is Drugged Driving in Illinois on the Rise?
With aggressive ad campaigns targeting drunk driving, Americans should be quite familiar with the dangers associated with driving while intoxicated. Drugged driving, however, is not as widely discussed. According to recent statistics, it is an issue that might warrant greater attention.
According to the National Institute on Drug Abuse, in the past decade alone drugged driving incidents rose close to 15 percent. More recent data indicates a growing problem on American roadways. A survey conducted in 2012 revealed that more than 10 million drivers admitted to being under the influence of an illegal substance while driving at some point. The National Roadside Survey from 2007 indicated that 20 percent of weekend drivers tested positive for recent drug use. Similar reports have been surfacing in recent years as well.
Changes to DUI Law Under Illinois Medical Cannabis Act
In August 2013, Illinois followed Colorado and Washington to become the twentieth state to legalize the medical use of cannabis under its Compassionate Use of Medical Cannabis Pilot Program Act. Under this Act, medical marijuana is legal for registered users to treat symptoms of a statute-defined debilitating medical condition. Authorization of use includes the following qualifications:
- User must be 18 years of age or older;
- User must have written certification from an Illinois-licensed physician; and
- User must be registered with the Department of Public Health.
With the passing of this Act, which went into effect January 1, 2014, there have been changes to DUI law. Prior to the Act, it was against the law for a person driving a motor vehicle to be under the influence of cannabis or have any trace of cannabis in the blood, breath or urine.
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.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
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