Category Archives: Uncategorized

CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?

  The answer is yes.  But your cannabis card makes a difference as to what the state must prove. As of January 1, 2020, you may legally consume certain amounts of cannabis if you are over age 21. If you … Continue reading

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CAN YOU BE CONVICTED OF DUI IF YOU ARE BELOW THE LEGAL LIMIT?

Even if your breathalyzer reading is below .08, police can still charge you with DUI. That’s because the .08 limit is only a legal presumption that you were intoxicated. A reading below .08 can help disprove that presumption of drunk … Continue reading

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THE PROS AND CONS OF TAKING THE BREATHALYZER

You were on your way home from a night out on the town when the police pulled you over for a minor traffic violation.  They asked you to perform some field sobriety tests and take a breathalyzer.  Should you do … Continue reading

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CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

You had an argument with your wife, and the police came to your house.  After you both cooled off, the officer gave you a stern talk but decided not to make an arrest.  The very next night, the same officer … Continue reading

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CAN I BE STOPPED BECAUSE OF SOMETHING HANGING FROM MY MIRROR IN ILLINOIS?

The answer is yes, but only until January 1, 2024.  As of that date, Illinois has changed its law. After January 1, you cannot be stopped solely because of that air freshener hanging from your rearview mirror.  However, Illinois law … Continue reading

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YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

Under 725 ILCS 5/103-3.5, you have the right to make three phone calls free of charge with an attorney of your choice and members of your family within three hours of arrival at the first place of detention. You must … Continue reading

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SHOULD I TELL MY BOSS I WAS ARRESTED FOR DUI?

Your job involves a bit of driving, and you just got yourself arrested for DUI.  You hope to win your case, but you wonder if your boss needs to know what happened. There is no one-size-fits-all answer, but the decision … Continue reading

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CAN A PORTABLE BREATHALYZER RESULT BE USED AGAINST ME IN ILLINOIS?

Under limited circumstances, the answer is yes. Breathalyzer results on a properly certified machine are nearly always admissible at trial.  However, results from a portable breathalyzer are not considered reliable and are generally not permitted. The breathalyzer taken on the … Continue reading

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THE LAW ON POLICE BODY CAM VIDEOS IN ILLINOIS

Illinois law requires police to use body cams at all times when the officer is in uniform, responding to calls or engaged in any law enforcement-related activity while on duty. If exigent circumstances prevent the officer from turning on the … Continue reading

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IS MY DUI OR CRIMINAL COURT HEARING ON ZOOM?

Zoom Court was first initiated in response to the COVID-19 pandemic.  Court business could thus continue, while keeping everybody safe.  But even post-pandemic, Zoom Court is here to stay.  As of January 1, 2023, the Illinois Supreme Court made remote … Continue reading

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