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Archive for the ‘Rolling Meadows DUI defense lawyer’ tag

Illinois Police to Begin Roadside Drug Testing

January 8th, 2018 at 7:31 am

roadside drug testing, Rolling Meadows DUI defense lawyer, drug offense, new drug test, drugged drivingGetting behind the wheel in Illinois while under the influence of alcohol and/or other drugs is illegal. However, for the past few decades educational campaigns aimed at deterring drivers from driving under the influence have focused almost exclusively on the evils of drunk driving while largely ignoring the various problems associated with driving while under the influence of drugs. Perhaps this is because, up until recently, police officers have had a reliable tool at their disposal to detect alcohol in a driver’s system (the breathalyzer) while they lacked such an instrument to conduct roadside testing for drugs. However, it seems that this is about to change as at least one Illinois police department plans to begin roadside drug testing in the upcoming months.

The New Test

According to the Chicago Tribune, Carol Stream police officers plan to be the first department in Illinois to implement a new roadside test to determine if drivers are under the influence of one or more drugs. Reportedly, the new roadside test will be able to detect marijuana, cocaine, methamphetamines, amphetamines, and opiates such as heroin via a chemical test.

The new test will be very similar to the roadside breath tests that police officers currently use; however, instead of blowing into a breathalyzer a suspected impaired driver will have his or her mouth swabbed. Many European countries, as well as a handful of American states, are already using similar roadside tests to determine whether a driver is under the influence of a controlled substance.

How do Police Officers Currently Determine if a Driver is on Drugs?

Currently, an Illinois police officer who suspects a driver of being under the influence of a controlled substance has the option of seeking a blood or urine sample from the driver which can then be tested for drugs. Still, such a sample must be collected and tested at a police station which means that there is often significant lag-time between pulling the driver over and determining if he or she is in fact under the influence of one or more drugs.

Furthermore, these tests are quite expensive. In contrast, the new drug test that is about to be rolled out in Illinois can be administered on the side of the road, will be less expensive and will tell police officers how much of a particular drug is present in a driver’s system (rather than simply indicating whether or not a drug is present).    

Need Legal Advice?

If you have been charged with driving under the influence in Illinois and are looking to protect your legal rights, contact experienced Rolling Meadows DUI defense lawyer Christopher Cosley without delay. At The Law Offices of Christopher M. Cosley we defend clients from all walks of life against DUI charges. You do not have to take on the daunting task of fighting your DUI charge alone. Contact us today for help.

Source:

http://www.chicagotribune.com/suburbs/ct-met-police-drug-driving-test-20171205-story.html

Can a Sleeping Driver be Arrested for DUI in Illinois?

September 27th, 2017 at 7:26 pm

DUI arrest, DUI charge, Rolling Meadows DUI defense lawyer, sleeping driver, DUI defenseWe all know that driving under the influence is illegal, but is it illegal to sleep one off in your car? You may be surprised to learn that, in Illinois, the answer is yes, under some circumstances.

Under code section 625 ILCS 5/11-501(a), it is illegal to drive or be in actual physical control of a vehicle in Illinois while under the influence of alcohol or an intoxicating compound to a degree that you are not capable of driving safely. Therefore, if a court of law determines that an individual had actual physical control of the vehicle that they were sleeping in while intoxicated then that person can rightfully be convicted of driving under the influence in Illinois.

What Does it Mean to Have “Actual Physical Control” of a Vehicle?

Having “actual physical control” of a vehicle essentially means having the ability to operate the vehicle. Illinois case law notes that a person does not need to move, or even have the intent to move, a vehicle to have actual physical control.

Relevant case law also indicates that there are several factors that courts in Illinois should take into account when determining whether or not an individual charged with a DUI had actual physical control of their vehicle.

Key factors include whether the individual:

  • Had the vehicle’s ignition key,
  • Was physically capable of operating the vehicle, and
  • Was sitting in the driver’s seat.

Please note that this list of factors is non-exhaustive and that the court will examine the totality of the circumstances on a case-by-case basis in order to determine whether or not the individual charged with driving under the influence did in fact have actual physical control of the vehicle.

How Can I Avoid a DUI Charge While Parked?

The best way to avoid a DUI charge while parked is to simply not sit in your parked car while intoxicated. Ask a sober driver to give you a lift, take a cab, or walk home. However, if you have no other option but to sleep or wait in your car, do whatever you can to show that you do not have actual physical control of the vehicle. For example, it is probably a good idea to put the car’s ignition key in the glove box and sit or lie down in the backseat.

Reach Out to Us Today for Help

If you have been accused of driving under the influence in Illinois, The Law Offices of Christopher Cosley is here to help. Attorney Christopher Cosley is an experienced Rolling Meadows DUI defense lawyer who handles all types of DUI cases in Rolling Meadows and throughout the greater Chicago area. Being convicted of driving under the influence can hugely impact your life, so it is important that you take steps today to protect your future. Start by hiring a tenacious DUI defense lawyer to argue your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

DUIs: Substantially Worse if a Child is in the Vehicle

December 14th, 2016 at 11:01 am

duis, Rolling Meadows DUI Defense LawyerIllinois has strict laws when it comes to driving under the influence of alcohol. Driving under the influence is defined by 625 ILCS 5/11-501 as occurring when a person is operating a motor vehicle while under the influence of alcohol, which can be shown if his or her blood alcohol concentration is 0.08 or more.

Law enforcement, prosecutors, and the courts take DUI offenses very seriously. Moreover, they levy the harshest criminal charges that they can justify against an alleged drunk driver. However, when children are involved in a DUI, punishment can become substantially worse for the accused drunk driver.

Not only is your driver’s license automatically suspended when you are arrested for DUI, but you also face a misdemeanor charge for a first time offense, presuming that there are no aggravating factors involved in your DUI. If there are aggravating factors, your offense could be upgraded to a felony DUI offense.

One aggravating factor for a DUI is when a child is being transported in the vehicle as a passenger when the driver gets a DUI. Not only can a drunk driver be charged under the state’s DUI laws when he or she is transporting a child while under the influence of alcohol, but the offense could also result in additional child endangerment charges.

Child Passengers Enhance DUI Penalties

Illinois lawmakers were concerned about protecting children from drunk driving when they created Illinois’ DUI laws and penalties. That is why the penalties associated with a DUI are enhanced if a child under the age of 16 is in the vehicle at the time of the DUI. If a DUI involves some sort of automobile accident, and the child is injured during the DUI-related accident, then the offense can be upgraded to a class 4 felony.

This is sometimes also referred to as an aggravated DUI, and a conviction for an aggravated DUI involving an injured child carries additional penalties, such as an increased fine and a longer community service requirement. For example, when a child is injured in a DUI-related accident, the driver could face six months in jail with no chance of work release, a $5,000 fine, and a community service requirement of 25 hours.

The consequences for driving under the influence with a child passenger in Illinois can be expensive, very serious, and long lasting. If you have been arrested and charged with violating Illinois DUI laws, and you had a child passenger at the time of your DUI arrest, you need to consult with an experienced criminal defense attorney as soon as possible. It may be possible to get your charges reduced to a lesser offense.

Contact Our Offices Today

DUI charges should never be taken lightly. Only an experienced Rolling Meadows DUI defense attorney will know how to help you fight your DUI charges. Contact us today for help.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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