Category Archives: Uncategorized

CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT? PART II

In our April 20, 2021 post, we discussed People v. Pearson in which the court held that police could not search a defendant’s hospital room without a warrant because the defendant had a reasonable expectation of privacy in his hospital … Continue reading

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CAN AN OFFICER SEARCH MY CAR BASED ON THE SMELL OF MARIJUANA?

The legalization of recreational marijuana has caused some confusion regarding its effect on DUI laws.  A recent Illinois appellate court decision is providing some guidance. Essentially, the smell of burnt cannabis, without any corroborating factors, is not enough to establish … Continue reading

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WHAT IS THE CRIME OF “FICTITIOUS OR UNLAWFULLY ALTERED DRIVER’S LICENSE OR PEMIT” IN ILLINOIS?

There are a host of offenses that can be either a Class A Misdemeanor or a Class 4 felony if you knowingly possess or display a fictitious or unlawfully altered driver’s license or permit.  (See 625 ILCS 5/6-301.1).  Simply possessing … Continue reading

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CAN MY PAST ILLINOIS DUI HURT ME EVEN IF IT HAPPENED A LONG TIME AGO?

When you were very young, you got caught driving while intoxicated and pled guilty to DUI.  That was more than 20 years ago.  Now you have been arrested for a second DUI. Does the first one still count? The answer … Continue reading

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DOES SPEEDING PROVE I WAS DRIVING UNDER THE INFLUENCE?

The answer is not necessarily. If you were pulled over for DUI based on speeding, then the police likely have the probable cause they need to stop you, and you would not be able to fight the stop itself.  But … Continue reading

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CAN I CLEAR MY OLD ILLINOIS ARREST WARRANT WHEN I LIVE OUT OF STATE?

Many years ago you were young and reckless.  You got arrested in Illinois.  You wanted to pretend your case didn’t exist, so you skipped out on your court date and eventually moved out of state.  Older and wiser, you worry … Continue reading

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WHAT IS FLEEING OR ATTEMPT TO ELUDE POLICE IN ILLINOIS?

When the officer behind you turned on his signal lights, you knew you were in trouble.  So you decided to ignore the signal and try to get away.  The officer caught you anyway, and now you have a fleeing and … Continue reading

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WHAT IS AGGRAVATED LEAVING THE SCENE OF AN ACCIDENT IN ILLINOIS?

In Illinois, you have a legal duty to remain at the scene of an accident, provide information and render aid.  Failing that, you have a duty to report it. Leaving the scene of an accident involving death or personal injury … Continue reading

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DO POLICE NEED A BLOOD TEST TO PROVE I DROVE UNDER THE INFLUENCE OF MARIJUANA IN ILLINOIS?

The answer is not necessarily.  Although blood testing for marijuana is available, it is unlikely your blood would be tested if you did not end up in the hospital due to an accident. However, there are other ways that the … Continue reading

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OBSTRUCTING A PEACE OFFICER IN ILLINOIS

In criminal or traffic law, the outcome of your case often comes down to how your particular judge sees all the facts in your particular situation.  One example of this can be found in People v. Hall, which involved obstructing … Continue reading

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