Latest from DUI Lawyer Skokie - Page 2

The answer is yes, if you showed other signs of impairment.
In Illinois, the legal limit is currently .08 for alcohol. For marijuana, the limit is 5    nanograms per milliliter of whole blood or 10 nanograms per milliliter of other bodily substance.  See 625 ILCS 5/11-501.2.
These limits, however, are only a presumption that you were intoxicated.  If you drove badly, fell out of your car or garbled your words, the state can still convict you.  On the other hand, if you drove perfectly, enunciated like British royalty and carried yourself like a ballerina, you might win at
Continue Reading CAN I BE CONVICTED FOR DUI IN ILLINOIS IF I AM UNDER THE LEGAL LIMIT?

The COVID-19 pandemic has, at least for the time being, changed court procedures in the Skokie and Rolling Meadows courthouses, the Daley Center and elsewhere.  Depending on your jurisdiction, most of your court appearances will take place on zoom.  This can seem intimidating, but it’s really not that scary.
When you are arrested for DUI, the officer will give you a ticket with information for your first court date and place.  Unfortunately, this does not usually include the zoom meeting and pass codes you will need to log into the courtroom.  You will have to search the court’s website in
Continue Reading WHAT TO EXPECT FOR YOUR FIRST DUI APPEARANCE ON ZOOM COURT IN ILLINOIS

In Illinois, DUI is defined as driving or having actual physical control of a vehicle while under the influence of alcohol or another drug.  DUI can be upgraded to an aggravated offense, which increases the penalties, for the following reasons:

  • This is your third-time or later DUI.
  • You were driving a school bus with passengers on board.
  • Your intoxication was the proximate cause of a motor vehicle accident that caused great bodily harm, permanent disability or disfigurement to another.
  • You have a previous conviction for an alcohol-related involuntary manslaughter or reckless homicide.
  • You were speeding in a school zone and


Continue Reading WHAT IS AGGRAVATED DUI UNDER ILLINOIS LAW?

The officer stopped you for DUI near your home.  You tried to reason with him to let you go.  When he didn’t, you drunkenly tried to hit him.  You missed. But now you are charged with aggravated assault on top of your DUI.
Can they do that?  What can you do?
In Illinois, you commit assault when, without lawful authority, you knowingly engage in conduct which places another in reasonable apprehension of receiving a battery. Normally, this is a relatively minor offense—a Class C misdemeanor punishable by up to 30 days in jail. See 720 ILCS 5/12-1. However, when
Continue Reading ASSAULTING A POLICE OFFICER WHILE INTOXICATED IN ILLINOIS

In Illinois, the Secretary of State automatically suspends your driver’s license on the 46th day after your arrest for DUI.  To have any chance of beating that suspension, you must act quickly, because there are certain deadlines.
Illinois law allows you to petition the court to overturn or rescind that suspension within 90 days of receiving notice. (See 625 ILCS 5/2-118.1(b))    But don’t wait until day 89 or even day 29. You have a much greater chance of winning your petition if you file as early as possible.  This is because state law requires a hearing on your
Continue Reading ACTING QUICKLY IS IMPORTANT IN OVERTURNING THE DUI SUMMARY SUSPENSION OF YOUR ILLINOIS DRIVER’S LICENSE

You were out with friends at a bar.  Some guy overheard something you said that he didn’t like. He came over and insulted you. You were not about to let that stand, so you punched him.  You knew you lost control, but you were not expecting to be charged with a felony on a first offense.
Why is it a felony?  What can you do?
Under Illinois law, you commit battery, if you knowingly without legal justification by any means (1) cause bodily harm or (2) make physical contact of an insulting or provoking nature.  While battery is a misdemeanor,
Continue Reading HOW YOUR BAR FIGHT CAN BECOME A FELONY IN ILLINOIS

Years ago, you were arrested in Illinois.  You ignored your court date, although you believe there is an outstanding warrant against you.  This did not trouble you for some years, because you live out of state and did not intend to return.  But now you are taking charge of your life, and you want to clear up the past.  You also worry that a routine traffic stop in your state could end up with you in jail.
Can your Illinois arrest cause problems in your new state? Or will the warrant expire automatically?  If not, what can you do?
First,
Continue Reading HOW TO CLEAR UP YOUR OLD ILLINOIS ARREST WARRANT WHEN YOU LIVE OUT OF STATE

You were riding around late one night with a friend who was driving.  An officer pulled you the car over.  Smelling alcohol on your friend, the officer had you both leave the car before spotting narcotics under the driver seat.
Can you be arrested for the drugs? The answer is generally no as long as you did not know about or possess the drugs and you did not exercise exclusive control over the place where the drugs were found. Your mere presence in the car may not be enough. The same is true for other types of contraband such as
Continue Reading CAN I BE ARRESTED IF DRUGS ARE FOUND IN A CAR AND I AM A PASSENGER?

You were stopped for failing to signal a turn.  When you opened the window, the officer spotted a flask on your passenger seat, smelled alcohol and asked you to take field sobriety tests, which you refused.  Can you be convicted because of the flask?
The answer depends on many factors.  If the flask was empty, you may have a defendable case as long as there is little other evidence of DUI.  But how empty is empty enough?  If the flask is completely dry, you may not have a problem provided your driving and demeanor were steady.  But what if the
Continue Reading CAN I BE CONVICTED FOR DUI BASED ON MY FLASK?

The answer is generally yes, if it is your first DUI or a second DUI that occurs more than five years after the first.
In the past, a driver could petition the court for a special driving permit that allowed you to drive to particular locations at particular times.  Today, drivers can ask for a Breath Activated Interlock Ignition Device (BAIID).  This operates like a breathalyzer which enables you to start your car.  A BAIID enables you to drive anywhere at any time provided you are sober.  However, only the Secretary of State can issue these devices and they do
Continue Reading CAN I GET A PERMIT TO DRIVE IF I HAVE A DUI IN ILLINOIS?

On your way home from a friend’s, an officer stopped you for speeding.  While issuing your ticket, the officer noticed a baggie of pills on the passenger side floor.  Because of the pills, you were ordered out of the car and eventually arrested for possession of narcotics.
Can they do that? Depending on the circumstances, the answer is yes.
An officer may seize property in plain view if: (1) the officer is lawfully located in the place where he or she observed the object; (2) the object is in plain view; and (3) the object’s incriminating nature is immediately apparent.
Continue Reading CAN POLICE ARREST ME WITHOUT A WARRANT FOR EVIDENCE FOUND IN MY CAR?

Being charged with DUI is nobody’s idea of a good time.  It can be scary, stressful, expensive and a full of hassle.  The temptation to enter a guilty plea and “just get it over with” is overwhelming.  But it’s a temptation you are wise to resist for a number of reasons.
For one, you may have a fightable case.  An experienced attorney should review your case for all of your options. By experienced attorney, we mean one who has taken cases to trial rather than entering a “one size fits all” guilty plea. Avoid attorneys who also “just want to
Continue Reading WHY YOU SHOULDN’T “JUST GET IT OVER WITH” WHEN YOU ARE CHARGED WITH AN ILLINOIS DUI

 
Zoom has made court appearances for your traffic ticket easier than ever. Even if you are out of state, you can join court on your phone or laptop, although it remains to be seen if zoom court will continue after the state has fully reopened.
But what if you still can’t make it to court, even via Zoom?  For most traffic tickets depending on the type of offense, an attorney can appear on your behalf.   An attorney may be able to get the ticket dismissed, or at least, enter a plea agreement on your behalf.   You will need to
Continue Reading DO I NEED TO COME TO COURT FOR AN ILLINOIS TRAFFIC TICKET?

After an accident, you were taken to a hospital and your blood was tested. The results gave you a blood alcohol result that was way over the legal limit.
Can you challenge the testing? The answer depends on who did the test and why.
If the police did not follow proper procedures in collecting evidence, including blood tests from a hospital, an attorney can file a motion to suppress that evidence. To do so, you must first show that the evidence was obtained through an illegal search or seizure violating your Fourth Amendment rights. The state then has an opportunity
Continue Reading CAN YOU CHALLENGE THE BLOOD ALCOHOL TEST RESULTS FROM YOUR DUI?

The answer is generally no.
The Fourth Amendment protects you from warrantless searches in places where you have a reasonable expectation of privacy unless the search falls under an exception to the warrant requirement, such as when an item is in plain view.
But when do you have a “reasonable expectation of privacy?” The answer may depends on the facts of your specific case. Some factors a court considers are: (1) ownership of the property searched; (2) whether you were legitimately present in the area searched; (3) whether you had a possessory interest in the area or property seized; (4)
Continue Reading CAN POLICE SEARCH MY HOSPITAL ROOM WITHOUT A WARRANT?

You like driving late at night.  It’s quiet, and it lets you think.  One night, you pulled over to eat in a store’s parking lot.  The store had been closed for several hours, and the area was deserted.  An officer spotted you and came over to investigate.  He smelled alcohol and pretty soon you were out of your car and under arrest. Can they do that?
The answer depends on the facts of your situation.
An officer can see if you need help as part of his or her community caretaking function.  Were you sleeping in the car or did
Continue Reading CAN I BE STOPPED FOR PARKING IN A LOT LATE AT NIGHT?