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Supreme Court Allows Traffic Stop Based on Anonymous Tip

 Posted on May 26, 2014 in Traffic Violations

anonymous tip, Arlington Heights criminal defense attorney, constitutional rights, execute a traffic stop, illegal search and seizure, Justice Anthony Scalia, Justice Clarence Thomas, unlawful search and seizureThe U.S. Supreme Court recently ruled that police can stop a vehicle and do a search based on an anonymous tip called into 911.

The case, which went before the Court, was a California incident that occurred in 2008. A woman called 911 and reported of a pickup truck which had just run her off the road. She told the dispatch the location of the incident and provided a description of the truck, as well as its license plate number. The woman did not provide her name or any other identifying information.

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Dram Shop Laws in Illinois Now Have Cap for Liable Damages

 Posted on May 19, 2014 in Criminal Law

Arlington Heights DUI defense lawyer, dram shop, dram shop laws, drunk driving, DUI arrest, liable damages, rideshare driversThe blame for accidents caused by drunk driving is nearly always assigned to the driver. Adults are expected to know their limits when drinking and should have enough personal responsibility to not get behind the wheel of a car. And according to the 2014 Illinois DUI Fact Book, these limits include no more than three drinks an hour for an adult male. The limit is closer to two drinks an hour for an average woman.

Stricter penalties for drunk driving, as well as a greater national awareness of the issue, could be one reason for the spike in popularity of citywide rideshare businesses, such as Uber, Lyft, and Sidecar. All operate in the Chicago area. However, in April 2014, the Illinois House passed a new law which will require all rideshare drivers to apply for a chauffeur license, commercial insurance, and prohibits them from soliciting rides at designated taxi stands.

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Illinois Governor Grants 43 Clemency Petitions

 Posted on May 12, 2014 in Criminal Law

clemency petitions, Cook County criminal defense attorney, criminal convictions, expungment, Governor Pat Quinn, Illinois clemency petitions, clemency requestsWhen a person receives an executive clemency, it is though he or she is being "forgiven" for their crime. However, unless the order of clemency also includes an Authorization to Expunge, the crime will still show up on that individual's record.

Governor Pat Quinn recently granted 43 clemency petitions. However, he denied another 65 petitions. The clemency petitions that Quinn sorted through were cases dating back to 2007. The majority of the crimes committed were for burglary, robbery, theft, and drug convictions.

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DUI Regulation after Illinois Passage of Medical Marijuana

 Posted on May 05, 2014 in DUI

drugged driving, Illinois drug crimes defense attorney, legal medical marijuana, marijuana possession, medical marijuana, Illinois Department of Public Health, using cannabis, DUI regulationOn January 1st of this year, Illinois became one of the 21 states in the country to enact legal medical marijuana. And according to ProCon.org, Illinois does not accept other states’ registration ID cards. Also, a person can only possess up to 2.5 ounces of cannabis during any 14-day period, unlike other states (such as Delaware, Arizona, and Maine). Once a person has obtained a certification from an Illinois-licensed physician, he or she must apply for an ID card with the Illinois Department of Public Health (IDPH). With the passage of such drug laws, of course, comes the necessity to regulate activities that may arise when a person is using cannabis.

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Computer Hacking Warrants: DOJ Proposes Changes to Law

 Posted on April 29, 2014 in Criminal Law

Arlington Heights criminal defense attorney, computer hacking, Fourth Amendment, illegal search and seizure, Illinois criminal defense lawyer, install malware, install spyware software, Law Offices of Scott F. Anderson, probable cause, Rule 41, U.S. Department of Justice, unreasonable searches and seizuresThe U.S. Department of Justice (DOJ) has submitted proposed changes to the law which would make it easier for law enforcement to obtain warrants in order to hack into a criminal suspect’s computer. The proposed changes were presented to the Judicial Conference’s Advisory Committee on Criminal Rules. The federal search warrant rules are known as "Rule 41."

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Woman Arrested After Killing Homeless Man While Drugged Driving

 Posted on April 19, 2014 in DUI

drugged driving, DUI, driving under the influence, Arlington Heights criminal defense lawyerCherise Wardlow, 39, was charged with "aggravated driving under the influence involving a death and a count of misdemeanor DUI," after an early April incident in Aurora, reports the Chicago Tribune. Wardlow, of Montgomery, tested positive for marijuana after hitting and killing a homeless pedestrian at about 4am on a February night. "She told police she heard a loud thump and immediately stopped and discovered she had hit the pedestrian," states the Tribune. The man, Donald L. Early, 54, was pronounced dead at the scene. A warrant was issued for Wardlow’s arrest, but the next day, reports the Tribune, she turned herself in and posted the $7,500 bond.

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University of Virginia Student Files Lawsuit against ABC for Arrest

 Posted on April 11, 2014 in Criminal Law


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Woman Arrested for DUI After Wrong-Way Crash on I-94

 Posted on April 05, 2014 in DUI

wrong way, DUI, drunk driving, driving under the influence, Arlington Heights DUI defense, lawyer, attorneyA woman was arrested for DUI in north suburban Skokie after driving the wrong way on I-94 and crashing her vehicle at around 2:05am, according to Chicago CBS Local. Illinois State Police Sgt. George Jimenez told CBS Local that after the woman crashed her vehicle she must have "gotten turned around," and "began driving north in the southbound lanes." She eventually turned the vehicle around and was driving the correct direction in the southbound lanes, but was pulled over when she exited the expressway. "The female, who was the only occupant of the vehicle, suffered minor injuries and was treated at the scene," reports Chicago CBS Local.

According to a publication from the Illinois Center for Transportation, there were 217 wrong way crashes on Illinois freeways between 2004 and 2009. These resulted in 44 deaths and 248 injuries. More than 50 percent of these incidents were caused by drivers, "confirmed to be impaired by alcohol." An additional "5 percent were impaired by drugs, and more than 3 percent had been drinking," according to the report. The number of fatalities nationwide resulting from wrong-way crashes also remains disproportionately high—in 2009, there were more than 900 fatalities caused by wrong-way crashes, as opposed to 420 fatalities on average per year.

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Kerry Kennedy Found Not Guilty of DUI

 Posted on March 31, 2014 in DUI


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School Superintendent Could Lose Job Over DUI Arrest

 Posted on March 24, 2014 in DUI

DUI, traffic stop, DUI arrest, lawyer, attorney, drunk driving, driving under the influenceThe superintendent of Schaumburg schools was arrested for a DUI in February and plead guilty in early March to a reckless driving charge, according to the Chicago Tribune. Andrew DuRoss was dining at a restaurant and called the authorities to report a missing purse from his table. When the authorities arrived DuRoss was warned not to drive. When he was pulled over near the restaurant, "his blood alcohol level was 0.117, according to court documents," and as reported by the Chicago Tribune.

After his arrest, DuRoss received court supervision and "agreed to undergo alcohol counseling, wear an alcohol monitoring anklet for six months and pay $2,500 in fines and court costs." Because DuRoss took this part of the plea the DUI case against him was not pursued. "It’s been a humbling and very difficult experience for me and my family," DuRoss said after his hearing in court, according to the Tribune.

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