Category Archives: Uncategorized

YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

  Under 725 ILCS 5/103-3.5, you have the right to communicate free of charge with an attorney of your choice and members of your family as soon as possible upon being taken into police custody, but no later than 3 … Continue reading

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CAN I BE CONVICTED OF DUI IF I DIDN’T TAKE ANY FIELD SOBRIETY TESTS?

The answer depends on your specific circumstances. Did your driving show impairment?  Did you behave in a calm and controlled manner with police?  Were you stumbling to get out of the car?  Is your voice slurred on the evidence video? … Continue reading

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IS MY DUI 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.  Now, effective New Years Day, 2023, the Illinois Supreme Court has made remote hearings permanent.  Revised Illinois Supreme Court Rule … Continue reading

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DID POLICE HAVE PROBABLE CAUSE BEFORE YOUR ARREST?

Before you can be arrested for DUI, police must have probable cause.  But at what point are you considered under arrest? In Illinois, you are under arrest when your freedom of movement has been restrained by means of physical force … Continue reading

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CAN POLICE SEARCH MY CAR BECAUSE I’M NERVOUS?

Without more, the answer is probably not.  Under Illinios law, nervousness by itself does not give an officer probable cause for the search. While most police searches require a warrant, there is an exception for automobiles. Under that exception, law … Continue reading

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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?

UPDATED DEC. 12, 2022 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 … 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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