Tag Archives: probable cause

WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

If you are stopped for a traffic offense or DUI, an arrest occurs the moment you are no longer free to leave.  This moment matters because an officer must have probable cause to arrest you.  If not, an attorney may … Continue reading

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THE ABCs of DUI Defense

You didn’t see the cop until you went through the stop sign. Or maybe you were in an accident after leaving a party, and the cops were called. Now you are charged with drunk driving.  Can you defend your case? … Continue reading

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CAN POLICE SEARCH MY CAR BECAUSE I’M NERVOUS?

Without more, the answer is probably not.  Under Illinios law, nervousness by itself does not give an officer probable cause for the search. While most police searches require a warrant, there is an exception for automobiles. Under that exception, law … Continue reading

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CAN AN OFFICER SEARCH MY CAR BASED ON ANOTHER OFFICER’S PROBABLE CAUSE?

An officer stopped you for DUI and had you taking field sobriety tests. While doing so, a second officer searched your car without speaking to the first officer.  The search uncovered some narcotics, and now you are charged with DUI … Continue reading

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CAN POLICE SEARCH YOUR CAR? IT DEPENDS ON THE FACTS

A police officer can stop you if he or she has probable cause. An unlit headlight may be cause enough. But once stopped, an officer needs either your consent or a reasonable suspicion of wrongdoing to search your car. What … 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 I BE STOPPED FOR DRIVING SLOWLY?

A person who has had a few too many often tries to compensate by driving more slowly. But driving too far under the speed limit can also give police the probable cause they need to stop you for drunk driving. … Continue reading

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ILLINOIS LAW REQUIRES POLICE TO ASK BEFORE GIVING A PORTABLE BREATHALYZER TEST

Recent Illinois case law has clarified that an officer must ask you to take the portable breathlayzer test (PBT) and give you enough time to refuse before giving the test, or your case could be dismissed. If you are stopped … Continue reading

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Can the Police Stop You for Switching Seats in Illinois?

You and your friend just came from a party. You were driving, but you started to feel sick. You pulled over to let your passenger drive. That’s when the police officer came up behind you. Now you’re charged with DUI. … Continue reading

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HOW LONG CAN POLICE STOP MY CAR IN ILLINOIS?

There are no hard and fast rules about how much time police can take to perform a routine traffic stop. However, police may keep you no longer than necessary to accomplish the purpose of that stop. How long is necessary … Continue reading

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