Category Archives: Uncategorized

What if I Cause a Homicide From a Traffic Accident in Illinois?

Let’s say you are driving down the highway at night during a heavy thunderstorm. Visibility is poor, but you are still driving over the speed limit. Suddenly, you crash, killing the other driver. Can you be charged with homicide? The … Continue reading

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A CHICAGO POLICE INVESTIGATIVE ALERT MAY NOT BE ENOUGH TO UPHOLD A TRAFFIC STOP IN ILLINOIS

Updated August 2, 2019: Illinois Appellate Court finds Chicago investigative alerts are unconstitutional. See our related blog at Illinois Court Finds Arrest Based on Chicago Police Investigative Alert Unconstitutional Calling Chicago police investigative alerts “troubling,” some Illinois courts have been … Continue reading

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EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION

If you violate the terms of your out of state probation, you can be extradited to the state where you originally had the problem. Extradition means you could be arrested in your current state and brought back to face charges … Continue reading

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THE ILLINOIS HABITUAL CRIMINAL STATUTE AND DUI

Clients often want to get their DUI cases over with quickly. Sometimes, the evidence is so overwhelming that a swift guilty plea to a lesser charge is actually in the client’s best interest. But many times, pleading guilty to a … Continue reading

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CAN I BE DEPORTED FOR DUI?

The answer is probably no for simple DUI, but possibly yes for aggravated DUI. In short, the answer may depend on whether your DUI could be considered a crime of moral turpitude. In Marmolejo-Campos v. Holder, the court stated that … Continue reading

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EXTRADITION TO ILLINOIS: VIOLATION OF PROBATION FOR DUI

Violating the terms of your DUI supervision or probation could result in your extradition to the state where your case was originally heard. Extradition means you could be arrested in your current state and brought back to face charges in … Continue reading

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NEW ILLINOIS RULES FOR GUILTY PLEAS

As of January 1, 2017, changes to Illinois law require the court to give new warnings about the consequences of a guilty plea. Before you plead guilty, a judge must first warn or “admonish” you about what your plea really … Continue reading

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CAN POLICE ARREST YOU FOR DUI OUTSIDE CITY LIMITS?

The Illinois criminal code generally limits arrests outside a police officer’s jurisdiction except under certain circumstances. The Illinois municipal code, however, permits an officer to make an arrest in an adjoining municipality as long as it is within the same … Continue reading

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FAILURE TO REPORT AN ACCIDENT IN ILLINOIS

You left the bar feeling pretty toasty. Unfortunately, on the way home, you got into an accident. You now have a dilemma. If you report the accident, the police may charge you with DUI. But if you don’t report the … Continue reading

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CHANGES TO ILLINOIS LAW ON MARIJUANA AND DUI

Changes to Illinois law tackle the problem of determining how much marijuana is too much for purposes of DUI. The new law took effect July 29, 2016. The new law provides a limit for driving under the influence of marijuana … Continue reading

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