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Test Anxiety

 Posted on December 00, 0000 in Criminal Law

sobrietyThe breath or blood chemical test is usually the primary evidence in a DUI prosecution. But if such evidence is unavailable, typically because the accused exercised his or her right to refuse to provide a sample, the prosecution must normally rely on field tests.

Under the theory that "more is better," many officers employ a wide range of tests: reciting a portion of the alphabet, counting backwards from one number to another one, and even trick questions like "what was the year of your second birthday?"

However, there are only three field tests that are approved by the National Highway Safety Administration for use in these situations. And, each one is flawed in its own way.

Horizontal Gaze Nystagmus

This test, which has been around since the 1970s, measures involuntary muscle movements in the eye. Typically, subjects are asked to follow a specific point with their eyes, like the tip of a pin or flashlight bulb, without moving their heads. If there are four or more "clues" between the two eyes, there is about a 77 percent chance that the subject is intoxicated.

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A Mistake-Free Future?

 Posted on December 00, 0000 in Expungement

expungement, record sealing, Illinois criminal defense attorneyFor millions of people, the sting of a criminal conviction lasts far beyond the period of incarceration or probation. A tainted record creates a multitude of hurdles in many situations, such as finding a job, finding a place to live, pursuing certain professional occupations, voting in elections, and carrying a firearm. Fortunately, because of some updates that took effect this year, Illinois has one of the more liberal expungement laws in the country, meaning that more people can put their pasts behind them and move on with their lives.

Eligibility

The Criminal Identification Act is essentially designed to effectively rehabilitate first-time offenders. So, in most cases, persons with prior convictions are ineligible for expungement. That being said, some veterans who were convicted of some Class 3 or Class 4 felonies may be eligible.

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