Category Archives: DUI evidence

ROADSIDE DRUG TESTING MAY BE COMING TO A MUNICIPALITY NEAR YOU

As the opioid crisis continues to alarm, the village of Carol Stream became the first municipality in Illinois to experiment with roadside drug testing. The tests use a mouth swab to screen for marijuana, cocaine, amphetamines, methamphetamines and opiates such … Continue reading

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CAN POLICE USE A DOG TO SNIFF YOUR CAR?

If police stop you for a traffic violation, they don’t need a reason to change the reason they stopped you. For example, they can stop you for speeding but then bring in a narcotics dog to sniff your car. However, … Continue reading

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CAN THE STATE USE THE RESULTS OF A FORCED BLOOD OR URINE TEST? IT DEPENDS ON WHO’S DOING THE FORCING

In most cases, the police cannot forcibly draw your blood or urine without a warrant. But what if it’s the doctor who’s forcing the tests as part of your treatment plan? According to a recent Illinois appellate case, the state … Continue reading

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CAN YOU FIGHT THE SUSPENSION OF YOUR DRIVER’S LICENSE BASED ON A MEDICAL CONDITION?

You were driving somewhat erratically, when police stopped you. The officer suspected you were driving under the influence of alcohol or drugs. In reality, you suffer from a medical condition, but the officer didn’t believe you. Now, you have been … Continue reading

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HOW FAR CAN POLICE GO IN SEARCHING YOUR CAR? THE LIMITS OF CONSENT

You were driving home from a friend’s when police stopped you for speeding. The police then suspected you might have narcotics in your car. They asked if they could look in your car. You said yes, but how far does … Continue reading

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DO I WIN IF THE POLICE IN ILLINOIS LOST THE VIDEO OF MY DUI ARREST?

The answer is maybe. In Illinois, squad cars that are equipped with video are supposed to video your arrest. This protects both you and the police. It allows the court to see for itself whether you were really as impaired … Continue reading

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HOW A SIMPLE WELLNESS CHECK CAN TURN INTO A DUI ARREST

The officer may have simply been checking to make sure you were OK. You were slumped over your steering wheel, and the officer thought you might have a medical emergency. So she knocked on your window. You were startled and … Continue reading

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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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DID YOUR CAR COMMIT A CRIME? THE ILLINOIS LAW ON FORFEITURE

After you were arrested for DUI or another offense, the state took a look at your expensive car. Maybe the car really belonged to an innocent third party. In any case, the state wants to keep it. Can they do … Continue reading

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THE AUTOMATIC DUI SUSPENSION OF YOUR DRIVER’S LICENSE: WERE YOU ON PUBLIC OR PRIVATE PROPERTY?

If you are charged with DUI in Illinois, the Secretary of State can automatically suspend your driver’s license—but only if you were not on a “public highway.” The law defines a “public highway” as “The entire width between the boundary … Continue reading

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