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Recent Blog Posts
Dangers of Drinking and Driving Underage in Illinois
Illinois has a zero tolerance policy that requires underage drinking and driving to be taken seriously across the state. The zero tolerance policy states that any driver under the age of 21 pulled over with any trace of alcohol in their system will lose driving privileges. Those individuals charged with drinking and driving should get legal advice from a qualified Arlington Heights DUI attorney.
This includes situations where an officer makes an otherwise routine traffic stop to issue a citation and has probable cause to believe that an individual younger than 21 has alcohol in their system. Officers can administer chemical tests to confirm levels of alcohol. If the test outcome determines alcohol in the driver’s system, the police officer or trooper simply submits a sworn statement to the Illinois Secretary of State to have the driver’s license suspended.
New Law for 2014 Punishes Smokers who Litter
Each year, new laws are put in place to change certain behaviors and make the state of Illinois a better place to live. Former State Representative and current Chicago alderman, Deb Mell, sponsored a bill that will try to keep the streets of Illinois clean.
Cigarette butts are a constant problem on the streets of Illinois. Lori Gummow, the executive director of Keep Northern Illinois Beautiful, said that "cigarette butts are not biodegradable. They’re made of cellulose acetate (a plastic). They get stuck in storm water sewers, and birds eat them and can’t digest them." They might be small but they never go away.
Starting in 2014, cigarettes butts will be classified as litter thanks to an amendment to the Litter Control Act. While the amendment was passed in August, the law itself won’t be policed until the beginning of 2014.
Tougher Penalties for Using Cell Phones while Driving
In August of this year, Governor Quinn passed a law to strengthen the ban against using cell phones while driving. The hope was that a updated law would help curb the commonplace occurrence of people talking while driving. Before this law was strengthened, it was already a law in downtown Chicago and 70 other communities in Illinois.
The update made a first time offense cost $75 if you are caught driving with a cell phone on your ear. Each additional offense would result in an increased fine of as much as $150. But the upgraded law makes using a cell phone a moving violation. If you receive more than three in a year, you could lose your license.
Woman Faces Fourth DUI Charge in Three Years
A 20-year old East Alton woman who was arrested on DUI charges for the fourth time in three years faces a felony charge of aggravated driving under the influence.
According to a report in the Herald Review, police responded to a car crash in Godfrey late Friday night. They found a wrecked car, which had left the road and hit a utility pole, but no driver. Police determined that Patsy Runyon was the driver of the vehicle and that she had fled the scene of the accident on foot.
They found Runyon shortly after responding to the scene and determined she was under the influence of alcohol. She was transported to an area hospital for a medical evaluation and cleared of any injuries. She also submitted to blood-alcohol testing. Runyon was then transferred to the Madison County Jail in Edwardsville, where she was held on $50,000 bond.
Study Finds Chicago Heroin Problem Worst in Country
A recent study at Roosevelt University concluded that Chicago has the worst heroin problem in the country. The study revealed that heroin use among those 20-years-old and younger is increasing and spreading from the inner city into Chicago’s neighborhoods and suburbs. According to Chicago Police records from January to August, 3,469 people have been arrested for heroin possession.
Statistics show that although heroin-related deaths have decreased in Chicago, there has been a 200 percent spike in deaths in the suburbs. In DuPage County alone, since 2008, there has been a 48 percent increase. Cook County reports one to two heroin deaths per day.
Experts from the U.S. Drug Enforcement Agency (DEA) say that this increase in use among young people is alarming and indicates a trend of using heroin as a recreational drug – an extremely dangerous behavior given heroin’s highly addictive qualities. The typical mode of introduction to the drug is either by snorting or smoking it.
Popularity of Molly Leads to Crackdown
According to CBS Local Chicago, Molly, or MDMA, has recently been gaining traction in the party scene across the country, and has recently seen a surge in popularity in major U.S. cities. Drug Enforcement Administration Special Agent in Charge Jack Riley told CBS Local that Molly, a derivative of MDMA, is the old date rape drug that was extremely popular during the 1990s. "The resurgence of Molly is a much more pure form of MDMA," Riley told CBS, "and it’s really gained a foothold in the younger crowd based off the electrical tech music," he said. The drug is seeing an uptick in usage not just in Chicago and major U.S. cities, but all across the Midwest as well. 
Clearing Your Name: Expungement and Sealing Your Records
Expunging your record means the physical records of your criminal history will be destroyed or returned to you and that your name will be removed from any official index or database.
Sealing your record means records will be physically and electronically maintained, but they will be unavailable to the public without a court order. Your name will be removed from any official index or public record; however, law enforcement agencies and the courts will still have access to the records, as will a few employers and other entities allowed by law.
Whether you can get your record expunged or sealed is dependent upon your entire criminal record. Only those individuals who have never been convicted of a criminal offense or municipal ordinance violation are eligible to expunge records. If you have been convicted of a criminal offense or a municipal ordinance violation, your record may still be eligible for sealing, but you cannot expunge any records, regardless of the outcome of the individual case.
Are All DUI Arrest Requests Required?
According to the 2013 DUI Illinois Fact Book, 92% of drivers arrested in Illinois for driving under the influence (DUI) in 2011 no longer had the privilege of driving after their arrest. Under Illinois DUI law (625 ILCS 5/11-501), driving under the influence of alcohol, intoxicating compounds, or a combination of drugs and alcohol is strictly prohibited.
If you are suspected of DUI in Illinois, your defense strategy begins the moment you are signaled to stop. Every action you take could either help or hurt your case, so it helps to know what is required of you as opposed to what may be requested. Requests are voluntary, but requirements are necessary.
Assault and Battery: What is the Difference?
A recent article in the Chicago Tribune reported that a Palatine man allegedly hit another man with a baseball bat during an argument. Albino Damian-Lopez, 24, turned himself in to Cook County police regarding the incident just one day after fleeing the scene. Lopez has been charged with aggravated battery.
People are sometimes confused about the lines between assault and battery. In addition, some are not sure what makes an assault or battery aggravated. In general, assault is the threat of harm and battery is the action that carries out the threat. For example, if a person lunges at you in a threatening manner and you perceive that they intended to harm you physically, that would be considered assault. Notice in the scenario, that no physical contact was made. If the person struck you after assaulting you, that would be considered battery.
Your Rights During an Arrest
Police officers have the power to investigate if they have reasonable suspicion that a crime has been, or is about to be, committed. Reasonable suspicion allows police officers to detain a person briefly for questioning. During this stop, the police may quickly frisk someone and search their vehicle for weapons or other dangerous materials. Police officers sometimes abuse these frisks to go on fishing expeditions for evidence. This is an unconstitutional abuse of the reasonable suspicion rule, and courts have started cracking down on the practice.
However, the best way to fight these bullying tactics by the police is for people to exercise their rights. First, even though police have the power to approach a person, they cannot force the person to answer questions and the person has the right to walk away. If the police decide to frisk someone because they have reasonable suspicion of criminal behavior, this stop must be brief and they can not force the person to answer questions.
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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