The Illinois legislature passed a bill this year that would rewrite the definition of “forcible felony” so that state police can use images from automatic license plate readers (ALPRs) to further apprehension and prosecution of human traffickers. When a license plate number from an ALPR matches one of those in the multi-agency databases, the Illinois State Police are alerted.
Currently, the law allows the use of ALPRs for the investigation of cases that involve vehicular hijacking, terrorism, motor vehicle theft, or any forcible felony (treason, first and second-degree murder, sexual assault, kidnapping, arson, robbery, burglary, and aggravated battery resulting in…
Continue Reading Are Automatic License Plate Readers Unconstitutional?

Facing DUI charges in Illinois can feel overwhelming. Because there are serious potential consequences of a DUI conviction, you may not know what you need to do to protect yourself and your future. You may fear losing your job and your livelihood, being unable to drive due to a suspended driver’s license, the financial cost, and the public stigma that often accompanies a DUI conviction.
If you are a first-time DUI offender, there may be a bit of good news. The state of Illinois, like many states, has alternative diversion programs for first-time DUI offenders. Diversion programs focus on rehabilitation…
Continue Reading Could You Be Eligible for an Illinois DUI Diversion Program?

A Chicago man was recently charged with aggravated discharge of a firearm and trespassing.  The man allegedly entered a restricted underground CTA area near a Red Line Station, then took out a gun and fired shots upward through a grate at people walking on the sidewalk. While no one was injured when the shots were fired, the 24-year-old now faces serious charges, with serious penalties if convicted.
If you are facing a weapons charge like aggravated discharge of a firearm, you must take these charges very seriously. Weapons charges are aggressively prosecuted in the state and have severe penalties.
Continue Reading Is Aggravated Discharge of a Firearm a Felony?

Field sobriety tests often play a significant role in DUI cases. Reasonable suspicion must be present for a law enforcement officer to pull you over. Even if the officer observes you leaving a bar at 2:00 a.m. in the morning, he or she may not pull you over unless you commit a traffic infraction.
You must be violating traffic laws in some way– weaving back and forth across the center line, driving extremely slowly or at an excessive speed, running a stop sign, etc. – for the officer to legally pull you over. So, assuming you were driving erratically and…
Continue Reading How Accurate Are Field Sobriety Tests Results?

Blood alcohol content, or BAC, is the amount of alcohol in a person’s blood after they have consumed alcoholic beverages. Every state in the United States except Utah has set a BAC of 0.08 percent as the legal limit. (In Utah, the limit is 0.05 percent.) Most states also set a legal limit of 0.04 percent for those with CDL licenses.
For those under the age of 21, the BAC limit could be 0.02 percent, although some states have a “zero tolerance” for underage drivers who consume alcohol. This means any level of alcohol in the minor’s system can result…
Continue Reading Understanding BAC Levels and How They Affect a DUI

About 53.8 million U.S. residents over the age of 16 had some type of contact with police in 2020. This number was down from prior years, likely due to the pandemic. Whether you are being questioned as a suspect in a felony or misdemeanor offense or as someone with information about a crime, it can be anxiety-inducing to face police questioning.
People are often so intimidated by being questioned by the police that everything they know about “the right to remain silent” simply goes out the window. While most of us know that once we have actually been…
Continue Reading When Can You Walk Away from a Police Stop or Interview?

If you are facing DUI charges, it is normal that you are anxious about the outcome. Could you lose your job? Could you have your driver’s license suspended? Even worse, could you be sentenced to time in jail? While feelings of anxiety and fear are perfectly normal for those facing DUI charges, now might be a good time to remember that police officers are human and make mistakes.
The police officer who arrested you may have made serious errors that could potentially result in the charges being dropped or reduced, or could be used to obtain a more favorable…
Continue Reading Can a Police Officer’s Mistakes Affect Your DUI Outcome?

If you have been charged with DUI, depending on the circumstances of your arrest, your attorney may be able to plead the charges down to reckless driving. While this type of plea agreement could be much better for you than taking your chances with a DUI conviction, there are questions that should be asked before you accept such an agreement.
While a plea agreement that turns your DUI charges into reckless driving charges might be your best option, there could potentially be better options available. Speak to your Rolling Meadows, IL DUI attorney to determine your best course…
Continue Reading Should I Plead My DUI Down to a Reckless Driving Charge?

When we hear the term “domestic violence,” we usually think of violence between two people in a romantic relationship. And, in fact, the vast majority of domestic violence charges (almost 82 percent) are for violence between those who are currently in a romantic, intimate relationship or who were in a romantic, intimate relationship. That said, there are many other times when domestic violence involves family members rather than romantic partners.  
The incidence of domestic family violence increases when financial hardship, unemployment, lower education, drug and alcohol abuse, and an adult’s history of his or her own childhood abuse are…
Continue Reading Who Gets Arrested When Two Family Members Are Fighting?

Suppose you were involved in a one-vehicle accident when you were coming home from a bar late at night. EMS arrived before the police and took you to the hospital, where bloodwork was done. The police showed up at the hospital later and questioned you about the accident. While it was clear they assumed you were driving under the influence and asked for a breathalyzer test, the nurse came in at that moment and took you for an X-ray to determine whether your arm was broken.
After you were treated, your wife came to the hospital, checked you out, and…
Continue Reading How Long After a DUI Accident Do the Police Have to Charge You?

A landmark Supreme Court Case in 1968 – Terry v. Ohio – gave law enforcement legal permission to conduct a brief search without the need for probable cause. After this case, “stop and frisk” became alternatively known as a “Terry Stop.”  Stop-and-frisk allows police to detain an individual based on reasonable suspicion (a step below probable cause) and conduct a minimally invasive pat-down, usually for drugs or a weapon.
This pat-down is intended to determine whether the person in question is armed or engaged in or about to engage in some form of criminal conduct. In the context of a…
Continue Reading What Is a "Terry Stop" – And Is It Legal?"

Losing your driver’s license can make everyday life incredibly difficult, but getting behind the wheel without a valid license can lead to serious legal consequences. If your license has been suspended due to a DUI or another violation, you may be wondering, “Will I go to jail for driving on a suspended license?” The short answer is possibly, depending on the circumstances.
At Scott F. Anderson, Attorney at Law, we understand how frustrating it can be to lose your driving privileges. With more than 25 years of experience practicing criminal law as both a prosecutor and a defense attorney, our…
Continue Reading Will I Go to Jail for Driving on a Suspended License?

A lot of people — especially young guys — think that running from the police is a good idea at the moment. Maybe you panic. Maybe you think you can actually get away. Or maybe you just do not want to deal with the hassle of an arrest. But running away from police is a move that can make an already bad situation much worse.
In Illinois, fleeing from the police can turn a minor situation into a serious criminal charge. Whether you are on foot or in a car, trying to get away from law enforcement can lead to…
Continue Reading What Happens if You Run Away From Police?