Category Archives: DRIVING UNDER THE INFLUENCE

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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DO I NEED A TRANSLATOR FOR DUI COURT IN ILLINOIS?

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case. … Continue reading

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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI. Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful … Continue reading

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“BUT I WASN’T NEAR MY CAR!”: THE “DRIVING” IN ILLINOIS DUI

If you are walking down the street, it seems reasonable to assume that you aren’t in the act of driving. Yet, under Illinois law, you can be charged with drunk driving even if you are nowhere near your car. How … Continue reading

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CAN THEY SEARCH MY STUFF IN SOMEONE ELSE’S CAR?

You were a passenger in a friend’s car. You had your suitcase in the backseat. Your friend got pulled over by police, and police searched your bag and found drugs or weapons. Can the police search your bag if you … Continue reading

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DRIVING UNDER THE INFLUENCE OF CANNABIS OR DRUGS IN ILLINOIS

In Illinois, there are several ways of charging you with driving under the influence of marijuana or cannabis. With one exception, however, the state may have difficulty proving you were actually impaired. If you were driving after smoking pot you … Continue reading

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“CAN THEY REALLY STOP ME FOR THAT?” OBSTRUCTED WINDSHIELDS, IMPROPER LICENSE PLATE DISPLAY, AND OTHER MINOR OFFENSES

Before you can be apprehended for DUI, police need a reasonable suspicion to stop your car. Of course, if you are weaving all over the road, driving the wrong way up the highway, or blowing traffic lights, the police have … Continue reading

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BUT IT’S MY FIRST DUI! DOESN’T THAT MATTER?

You’ve never been in trouble before. This DUI is your first arrest of any kind. Doesn’t that help? The answer is yes and no. A first offender may be eligible for a lighter sentence than a repeat offender. However, your … Continue reading

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