You went out with friends for a birthday.  Early on, you had a few drinks but after that you sipped ginger ale in order to be the designated driver.  A few hours later, police pulled you over for speeding. Then, they spotted an open beer can that one of your friends had brought into the car.  After ordering you out of the car, you agreed to the field sobriety tests, but unfortunately, you tripped during the tests and the officers arrested you.
Can the police arrest you when you were actually the designated driver?
Unfortunately, the answer is yes.  However,…
Continue Reading CAN POLICE ARREST THE DESIGNATED DRIVER FOR DUI?

According to the National Highway Traffic Safety Administration, distracted driving killed 3,308 people in 2022.  But what exactly is distracted driving?
In Illinois, you may not drive while using a wireless telephone or electronic communication device. This includes streaming video, taking part in a video conference such as Zoom or accessing social media. A violation may result in a fine.  However, your violation can become a Class A Misdemeanor if it caused great bodily harm, permanent disability or disfigurement and a Class 4 Felony if it caused death.
An electronic communication device includes handheld phones or computers, but not…
Continue Reading WHAT IS DISTRACTED DRIVING IN ILLINOIS?

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 you will be out of state. Do you have to come to court?
In certain circumstances, the answer is no. While for nearly all criminal offenses, your appearance in court is mandatory, traffic tickets are slightly different. However, it may still depend on your offense.
For most moving violations such as following too closely or speeding less than 31 miles…
Continue Reading DO I NEED TO COME TO COURT FOR A TRAFFIC TICKET?

Years ago, you got in trouble in Illinois.  You were arrested for a DUI or some other criminal offense, and then you left the state without finishing your case.  Maybe you never actually lived in Illinois and picked up the offense while visiting.  In any case, it’s been years, maybe even decades, and you would like to put the matter behind you once and for all.  Is it too late?
The answer is probably not.  An attorney can usually petition the court to bring even a very old case back into court.  You would likely have to appear in person,…
Continue Reading IS IT TOO LATE TO CLEAR MY OLD ILLINOIS ARREST WARRANT?

You appear to have caused an accident when driving home from a party.  The crash was bad enough that you were knocked unconscious.  When you came to in the hospital, the medical staff had tested your blood for substances and the police arrested you for DUI.
Can they do that?  What can you do?
Under Illinois law, you are presumed to have consented to the chemical testing of your breath, blood or bodily fluids when you drive on public roads.  Of course, you may still refuse testing, although you may face certain penalties if you do.  For example, the Secretary…
Continue Reading CAN POLICE TEST MY BLOOD IF I AM UNCONSCIOUS?

You would never drink and drive. You are always very careful about that. But the doctor just gave you a new prescription, and nobody warned you that you could become sleepy behind the wheel of a car. Next thing you knew, a police officer noticed you driving erratically, and now you are charged with DUI.
What can happen to you? What can you do?
It may come as a surprise, but the fact that you were on prescribed medication is not a DUI defense. Illinois law prohibits driving under the influence of any drug that renders a person incapable of…
Continue Reading WHEN YOUR DUI IS CAUSED BY A PRESCRIPTION DRUG

The answer is yes, depending on how fast you were going.
Speeding between 26 and 35 miles over the limit is a Class B Misdemeanor, punishable by up to six months in jail.   Speeding 35 miles over the limit and above is a Class A Misdemeanor, punishable by up to one year.  These same penalties apply when speeding past school or construction zones.
Speeding can be a tricky offense to fight because it’s generally you against the officer’s radar gun. Note that the prosecution need not present that sort of evidence by law.  In some cases, the officer’s testimony by…
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You parked your car at the mall and went shopping.  When you returned a couple hours later, an officer was waiting with a trained drug detection dog.  The dog had alerted to something in your car.  After a search, the officer found narcotics under the passenger seat and arrested you.
Can they do that?  What can you do?
The Fourth Amendment protects us from searches and seizures without probable cause.  However, under Illinois law, a certified drug detection dog sniffing a car in a public place is not a search or a seizure. (See People v. Kendricks). Further, that…
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The officer pulled you over after you ran a stop sign.  You have a prescription for marijuana, and your prescribed meds were sitting next to you on the passenger seat.  The officer spotted them and arrested you for Possession of Medical Cannabis in a Motor Vehicle.
What can happen to you? What can you do?
Under Illinois law, you may not have marijuana in the passenger area of your car unless it is inaccessible in a secured, sealed, odor-proof and child-resistant medical cannabis container.  The law applies even though you have a medical cannabis card, are a medical cannabis…
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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 petition the court to suppress the evidence from your arrest.
However, an officer may also make a brief, investigatory stop based on a reasonable, articulable suspicion of criminal activity, which is known as a Terry stop.  A Terry stop requires less than probable cause but more than a hunch. Your attorney can still petition to suppress the evidence but a…
Continue Reading WHEN DOES A TRAFFIC STOP BECOME AN ARREST?

The answer may be yes, based on “the doctrine of collective knowledge.”
For example, in People v. Whiles, an Illinois officer received a call about a possible drunk driver. A Michigan officer happened to be in the area.  Having seen the defendant driving erratically, the Michigan officer signaled the Illinois officer. The Illinois officer then arrested the defendant for DUI.  Defendant argued that the Illinois officer lacked probable cause to make the stop, because he had not himself seen the defendant’s erratic driving.
The court disagreed.   While the Michigan officer did not have jurisdiction in Illinois, he was driving a…
Continue Reading CAN AN OFFICER STOP ME BASED ON ANOTHER OFFICER’S INFORMATION?

Contrary to what you may have seen on TV, running a stoplight that results in a traffic death is not automatically a criminal offense.  Of course, the death is a terrible tragedy, and you may be sued in civil court for negligence, but you will not go to prison.
However, a traffic accident may become a criminal offense if you: (1) drove recklessly, (2) were impaired or (3) left the scene of an accident.
In Illinois, you may be charged with reckless homicide if you unintentionally kill someone while driving a motor vehicle. Your actions, whether lawful or unlawful, must…
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You find that marijuana gummies ease certain health problems, although you don’t have a prescription for them. One day, you may have eaten too many before driving on an errand.  Police stopped you for weaving and arrested you for DUI.
What are the charges?  What can you do?
In Illinois, there are two primary types of marijuana-based DUIs:
Under 625 ILCS 5/11-501(a)(7),  you may not be in actual physical control of a vehicle if within two hours you have a tetrahydrocannabinol concentration of either 5 nanograms or more, of delta-9-tetrahydrocannabinol per milliliter of whole blood or 10 nanograms or…
Continue Reading WHAT IS A CANNABIS DUI IN ILLINOIS?