Category Archives: Uncategorized

DO I NEED TO COME TO COURT FOR A TRAFFIC TICKET?

You were driving home from work when you got nailed for speeding. Or maybe you simply blew a stop sign or failed to signal. You wish to contest the ticket, but the court date is set for a time when … Continue reading

Posted in Uncategorized | Comments Off on DO I NEED TO COME TO COURT FOR A TRAFFIC TICKET?

WHAT IS BATTERY ON A PUBLIC WAY?

In Illinois, a battery can become an aggravated offense if you knowingly commit battery  on a public way.  See  720 ILCS 5/12-3.05(c). To convict you, the state must prove that you knowingly, without legal justification caused bodily harm to or … Continue reading

Posted in Uncategorized | Tagged , , | Comments Off on WHAT IS BATTERY ON A PUBLIC WAY?

WHAT TO EXPECT ON A SECOND DUI

You swore you’d never drink and drive again, but you did it anyway and now you have a second DUI. What can happen to you? What can you do? As you might expect, the penalties are greater for a second  … Continue reading

Posted in DRIVING UNDER THE INFLUENCE, Uncategorized | Tagged | Comments Off on WHAT TO EXPECT ON A SECOND DUI

CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?

  The answer is yes.  But your cannabis card makes a difference as to what the state must prove. As of January 1, 2020, you may legally consume certain amounts of cannabis if you are over age 21. If you … Continue reading

Posted in Uncategorized | Tagged , , , | Comments Off on CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?

CAN YOU BE CONVICTED OF DUI IF YOU ARE BELOW THE LEGAL LIMIT?

Even if your breathalyzer reading is below .08, police can still charge you with DUI. That’s because the .08 limit is only a legal presumption that you were intoxicated. A reading below .08 can help disprove that presumption of drunk … Continue reading

Posted in Uncategorized | Comments Off on CAN YOU BE CONVICTED OF DUI IF YOU ARE BELOW THE LEGAL LIMIT?

THE PROS AND CONS OF TAKING THE BREATHALYZER

You were on your way home from a night out on the town when the police pulled you over for a minor traffic violation.  They asked you to perform some field sobriety tests and take a breathalyzer.  Should you do … Continue reading

Posted in breathalyzer/field sobriety test, Uncategorized | Tagged , | Comments Off on THE PROS AND CONS OF TAKING THE BREATHALYZER

CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

You had an argument with your wife, and the police came to your house.  After you both cooled off, the officer gave you a stern talk but decided not to make an arrest.  The very next night, the same officer … Continue reading

Posted in DUI evidence, Uncategorized | Tagged , | Comments Off on CAN AN OFFICER’S PREJUDICE BE A DEFENSE TO DUI?

CAN I BE STOPPED BECAUSE OF SOMETHING HANGING FROM MY MIRROR IN ILLINOIS?

The answer is yes, but only until January 1, 2024.  As of that date, Illinois has changed its law. After January 1, you cannot be stopped solely because of that air freshener hanging from your rearview mirror.  However, Illinois law … Continue reading

Posted in probable cause, Uncategorized | Comments Off on CAN I BE STOPPED BECAUSE OF SOMETHING HANGING FROM MY MIRROR IN ILLINOIS?

YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

Under 725 ILCS 5/103-3.5, you have the right to make three phone calls free of charge with an attorney of your choice and members of your family within three hours of arrival at the first place of detention. You must … Continue reading

Posted in Uncategorized | Comments Off on YOUR RIGHT TO COMMUNICATE WHILE IN POLICE CUSTODY IN ILLINOIS

SHOULD I TELL MY BOSS I WAS ARRESTED FOR DUI?

Your job involves a bit of driving, and you just got yourself arrested for DUI.  You hope to win your case, but you wonder if your boss needs to know what happened. There is no one-size-fits-all answer, but the decision … Continue reading

Posted in Uncategorized | Tagged | Comments Off on SHOULD I TELL MY BOSS I WAS ARRESTED FOR DUI?