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Recent Blog Posts
What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?
Prosecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.
When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.
Refusing Chemical Tests
Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.
Five Mistakes to Avoid When Pulled Over for a DUI
Being pulled over is a scary thing, even when a person has not been drinking. When an officer approaches the window and suspects you are intoxicated, it becomes even more frightening. Even though you are nervous, it is important to remember that you have rights and that you know what to do, and what not to do. Below are the five biggest mistakes many drivers make when they are pulled over for a suspected DUI, and how doing them can negatively affect your case.
Admit You Have Been Drinking
If you have only had one or two drinks, you may feel confident in telling the police officer that when they ask. However, this is a big mistake, and you should never admit that you have been drinking. The officer and prosecution will hold this against you later in your case. It is equally important that you do not lie to the officer. Ask if you are being charged with anything and if they ask again if you have been drinking, tell them you would rather not say.
Can the Store Demand Money After You Are Caught Shoplifting?
Shoplifting, officially known as retail theft in Illinois, is a very common crime. When it occurs, the person is often caught by store clerks while they are still on the property. In these cases, the store has a few options. They can simply ask for their merchandise back and allow the person to leave. Most of the time when this happens, the person is also banned from returning to the store. The store could also detain the person for a period of time before allowing them to leave. Or, in the worst-case scenario, they could call the police and press charges.
Many times, the store will let you go if you are caught shoplifting merchandise with a very small value. However, they may still send you a demand letter requesting that you pay them a fine. The question is, should you?
Is a Civil Demand Letter Binding?
A civil demand letter is not binding. That means you are under no legal obligation to meet the demands of the letter. However, it is important to understand that if the store has hired an attorney and taken this first step, they are likely going to pursue further action if you do not comply with the demand.
Common Questions About the Juvenile Justice System in Illinois
When children get into trouble with the law and face common charges such as retail theft, parents often do not know what will happen next, or what rights their child has. They have a lot of questions and, if your child has recently been charged with a crime, it is likely that you have asked them, as well. Below are some of the most commonly asked questions about the juvenile justice system in Illinois, and the answers to them.
What is the Age of a Juvenile?
In Illinois, anyone that is 17 years old or younger is considered a juvenile if they have been charged with a misdemeanor offense. This law was changed in January of 2010 to increase the age from 16 to 17. The age limit for juveniles is a topic the Illinois legislature continues to debate.
How Long Can My Child be Detained After an Arrest?
The length of time a child is held in custody after being arrested for a crime can seem interminable to parents. If your child is under the age of 12, law enforcement can detain them for no longer than six hours. Children between the age of 12 and 17 can be kept up to 12 hours if they have been accused of committing a non-violent crime, and up to 24 hours if they have been charged with a violent crime.
State Prosecutor Warns Drivers that DUI Charges Apply to Marijuana
The new year saw many changes to Illinois law, and the one garnering the most attention is the fact that both medicinal and recreational marijuana are now legal in the state. Although Madison County State’s Attorney Tom Gibbons says that he is in support of the new law, as it may eliminate the black market, he also has a warning for drivers. That is the fact that law enforcement across the state has been training on how to spot drivers under the influence of marijuana. He wants to remind drivers that while marijuana is now legal, it is still against the law to drive under the influence of the drug.
What is Drugged Driving?
The Illinois statute for driving under the influence includes both alcohol and drugs that can impair a driver’s ability to drive safely. Even prescription drugs can mean a driver will face charges if it is found that those drugs impair the motorist. This includes prescriptions for medical marijuana.
How to Argue the Evidence in a Domestic Violence Case
Domestic violence cases pose many problems for both the prosecution and defense. One of the biggest challenges that arise in these cases pertains to evidence. Domestic violence typically takes place behind closed doors in a private home. As such, they are very difficult to prove for the prosecution, and there is always a challenge for the defense when attempting to prove that something never took place. Below are a few types of evidence that the prosecution may use in a domestic violence case, and how a criminal defense attorney may argue against them.
Physical Evidence
In domestic violence cases, the prosecution will rely heavily on physical evidence. This is because juries are more likely to believe facts rather than evidence that may be clouded by a person’s own biases or opinions. For this reason, the prosecution may use photographs of the alleged victim’s injuries, or of property that was used during the alleged act.
How Does the Illinois DMV Point System Work?
Many people have heard of the Illinois DMV point system, but they are not entirely sure of how it works. It is important all drivers are aware of the system, and the penalties they may face for committing certain traffic offenses. While many motorists only consider the fine they may have to pay for a traffic violation, the point system can also levy some other serious consequences.
The Illinois DMV Point System
Any time a driver is convicted of a traffic violation, such as speeding, the Illinois Secretary of State will add points to that person’s license. Typically, serious violations incur a greater number of points than minor traffic offenses. Once a driver has incurred a certain number of points, their driver’s license can then be suspended or revoked. Sometimes an offense, such as a DUI, are so serious that a person may have their license suspended or revoked for that one violation alone.
Do You Know the Different Types of DUIs in Rolling Meadows?
When most people think about DUI charges, they typically think of a person driving with a blood alcohol concentration (BAC) greater than the legal limit. In Illinois, as in most states, this limit is 0.08 percent. However, this is just one type of DUI charge in the state. In Illinois, there are six types of DUIs a person may face, and many of them do not even involve having a BAC higher than the legal limit.
DUI with BAC of 0.08 or Higher
This is the most common type of DUI in Illinois. To secure a conviction, the prosecution must prove beyond a reasonable doubt that a person was in physical control of a vehicle and that they had a BAC of 0.08 percent or higher.
The prosecution does not have to prove that the individual was driving dangerously, or that they were showing any signs of impairment. They only must prove the defendant was impaired and in control of the vehicle, which does not necessarily mean driving it. Even if the person was pulled over to the side of the road with the car keys in their pocket, they can still be arrested as they still have control over the vehicle.
Obtaining an Out-of-State Licenses After Being Suspended in Illinois
Law enforcement departments in Illinois have noticed a disturbing trend. After being convicted of a DUI, individuals visit another state for the purpose of obtaining out-of-state licenses after being suspended in Illinois. A man in Romeoville just tried this exact ploy. After his license was suspended after being convicted of multiple DUIs, he visited Iowa to get a new one. After he did, he returned to Illinois before being pulled over and charged again with a DUI.
Police in Illinois say that this is not actually all that unusual. It is becoming a recurring trend and one that they obviously want to stop. Drivers that are thinking about trying the scheme should know that it comes with serious penalties.
The Driver’s License Interstate Compact
There is a reason people can simply go to another state to obtain a driver’s license after theirs is suspended in their home state. That reason is because of the Interstate Driver’s License Compact. This contract tells all states to uphold a driver’s license suspension, even if it occurred out of state. The only states that do not take part of the contract are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.
Can You Get Arrested for Speeding?
Many motorists think that if they are pulled over for speeding, the most severe penalty they will face is a traffic ticket. However, when motorists drive at an excessive rate of speed, they can face criminal charges. These can result in not only a permanent criminal record for those convicted, but also the very real possibility of jail time. Although most instances of speeding will not result in these harsh consequences, if a person is found guilty of aggravated or excessive speeding, they just might.
Aggravated and Excessive Speeding
When a person is arrested for speeding, it is most likely due to the fact that a police officer believes they are guilty of aggravated or excessive speeding. The penalties for speeding will depend on just how fast over the speed limit a motorist was driving.
Operating a vehicle over 26 to 34 miles per hour above the posted speed limit is considered a Class B misdemeanor. For individuals convicted of this crime, the punishment is a maximum of 180 days in county jail, a fine of $1,500, or both.
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