Category Archives: DRIVING UNDER THE INFLUENCE

CAN I DRIVE WITH RECREATIONAL MARIJUANA IN THE CAR?

Recreational marijuana is about to become legal in Illinois, but that doesn’t mean you can cruise the highway lazily puffing a joint with your stash on the seat. Be aware that there are still limits. As with open alcohol, you … Continue reading

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WILL MY DUI BE DISMISSED IF THE OFFICER FAILS TO APPEAR IN COURT?

You are at your first court date for a DUI. You glance nervously about the room and are surprised not to see your arresting officer. Will your case be dismissed if the officer fails to appear? In Illinois, the answer … Continue reading

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WHAT IS DRUNK DRIVING IN ILLINOIS?

We all know that drunk driving is something you shouldn’t do. But legally speaking, what exactly is it? How does a court decide when you crossed the line and became too drunk to drive? Under 625 ILCS 5/11-501(a)(2), a person … Continue reading

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CAN YOU GET AN ILLINOIS DUI REDUCED TO A RECKLESS DRIVING?

You have just been arrested for your first DUI. You are mortified and afraid that you may be fired or might have a hard time finding a new job. Can you get your DUI reduced to a reckless driving? Is … 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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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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