Category Archives: DRIVING UNDER THE INFLUENCE

DRIVING UNDER THE INFLUENCE OF DRUGS IN ILLINOIS

After the officer stopped you for a traffic violation, she searched your car and found illegal drugs. As a result, you were arrested for driving under the influence of drugs. Sure there were drugs in the car, but does that … Continue reading

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DO THE CHARGES AGAINST YOU COMPLY WITH ILLINOIS LAW?

In order to charge you with DUI or another offense, the prosecution must prepare written charges against you. Under Illinois law, the charges called the indictment, must contain certain elements. If the indictment is missing an important element, the charges … Continue reading

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MARIJUANA CAN STILL GET YOU IN TROUBLE

There is no doubt that laws regarding marijuana are liberalizing. A new law effective July 29, 2016 takes marijuana out of the trace law–the law that convicts you for DUI if you cause a serious accident whether or not you … Continue reading

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DOG SNIFFS AND THE UNDULY PROLONGED TRAFFIC STOP

In 2005, the United States Supreme Court changed the law regarding police stops. Before Illinois v Caballes, police needed specific and articulable facts to change the nature of a stop. After 2005, an officer could change the nature of the … Continue reading

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NON-CITIZEN DEFENDANTS, BEWARE! COURTS NEED NOT WARN YOU ABOUT THE IMMIGRATION CONSEQUENCES OF YOUR GUILTY PLEA

Decades ago, when a non-U.S. citizen was convicted on a charge such as DUI, their lawyer could tell them not to worry about their immigration status. It was highly unlikely that the government would bother to deport you. Those times … Continue reading

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I DROVE SOMEONE ELSE’S CAR: DRIVING WITHOUT A BAIID IN ILLINOIS

After you were charged with DUI, the court allowed you to drive with a Breath Alcohol Ignition Interlock Device (BAIID). But you’d had a couple beers and you knew you’d get in trouble if you blew into the device. So … Continue reading

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DO I NEED A TRANSLATOR FOR DUI COURT IN ILLINOIS?

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case. … Continue reading

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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI. Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful … Continue reading

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“BUT I WASN’T NEAR MY CAR!”: THE “DRIVING” IN ILLINOIS DUI

If you are walking down the street, it seems reasonable to assume that you aren’t in the act of driving. Yet, under Illinois law, you can be charged with drunk driving even if you are nowhere near your car. How … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

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