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Recent Blog Posts
What Are Your Rights When Approaching a DUI Checkpoint?
The holidays are approaching and that means in Illinois, you will likely come across more DUI checkpoints as you are traveling between shopping malls, restaurants, and the homes of loved ones. During the landmark case, Michigan Department of State Police v. Sitz, the United States Supreme Court ruled that these checkpoints do not violate a person’s rights. However, the federal government leaves it up to the individual states to determine if these stops go against the state’s constitution, and how to operate them if they determine they are legal.
Unlike some states, such as neighboring Wisconsin, in Illinois, DUI checkpoints are considered legal. That doesn’t mean though, that you do not have any rights when approaching one.
How DUI Checkpoints Work
Law enforcement has the right to set up DUI checkpoints any time they wish and in nearly any location. They cannot set these checkpoints up in areas that would cause needless traffic jams, or that would pose a hazard to drivers, such as on a highway. Police typically choose a location where arrests for DUIs are common. Sometimes police departments may announce where these checkpoints are, in the hopes that it will deter drunk driving. Other times, they may be more discreet, in the hopes of catching drivers off guard.
Understanding Reckless Homicide in Illinois
Car accidents happen every day in Illinois. Many of these accidents are very minor and do not result in serious injuries. However, sometimes these crashes result in severe injuries and sometimes, even death. When one person causes the accident and another dies as a result, the driver may be found guilty of a felony. This is true when the driver’s negligent or reckless actions caused the accident and the resulting death. In Illinois, this is known as reckless homicide. Some drivers confuse this offense with reckless driving, but there are significant differences, including the penalties associated with them.
Differences Between Reckless Homicide and Reckless Driving
Reckless homicide and reckless driving both involve a driver acting negligently or recklessly while on the road. This means they show a blatant disregard for the safety of others. However, reckless homicide must involve a death for someone to be convicted of the offense. In fact, the Illinois statute governing reckless homicide also includes involuntary manslaughter.
Tips to Avoid a DUI This Holiday
The Illinois State Police (ISP) are warning drivers that, as the holidays approach, they still must remain safe on the roads. In a news story, the ISP have warned drivers that they will be looking for motorists that are under the influence, distracted while driving and drivers that do not wear their seat belts. The worst of these infractions is certainly a DUI, so below are a few tips on how to avoid getting one of these charges.
Learn of DUI Checkpoints Ahead of Time
Of course, it is going to be much harder to avoid a DUI if you have to make it through a DUI checkpoint. Of course, no one should be driving while under the influence, but law enforcement at these checkpoints also often want to simply make arrests, whether a person is guilty or not. So, to avoid them, download an app such as PhantomAlert that can tell you where the roadblocks are.
Do Not Drive Drowsy
What Happens if I Am Caught Driving with a Suspended License?
There are many reasons a person may have their license suspended, or even revoked, in Illinois. A DUI conviction will certainly strip someone of their license, even for a first offense. Sometimes a lesser offense, such as failing to pay traffic tickets, is enough to have a license suspended. Whatever the reason for it, many people mistakenly believe that driving on a license that has been suspended or revoked does not come with serious consequences. They believe that if they are caught, it will be like any other minor traffic offense, and the most they will face is a fine. That is wrong.
Driving on a suspended or revoked license is a serious offense. Depending on the circumstances, you could even face jail time for it.
Penalties for Driving with a Suspended License
There are many penalties associated with driving on a suspended license. The offense is outlined in the Illinois Vehicle Code, Section 6-303. Under this statute, the offense is considered a Class A misdemeanor and could result in a maximum of 364 days in jail and a maximum fine of $2,500. Individuals convicted also have to pay mandatory court costs.
How Can a Juvenile Conviction Affect College Admissions?
Regardless of how stellar a student’s high school transcript is, and no matter how well they scored on the SATs, if they have any type of juvenile conviction on their record, it will make it much more difficult for them to get into college. This is just one of the consequences of being convicted of a crime, even if that conviction came in the form of adjudication in the juvenile system.
So, if your child has been adjudicated, how will it affect their chances of getting into the school of their dreams? How can you help ensure they will not feel those consequences?
Criminal History Questions on College Applications
Approximately half of all public colleges and universities will ask about a student’s criminal history on their applications for admittance. This number increases to between 60 to 80 percent for private institutions. Approximately half of all two-year community colleges will ask students about their criminal background, while most four-year colleges will conduct a full background check.
What Not to Do if You Are Arrested
Being arrested is a very scary thing. Law enforcement in Rolling Meadows arrest people every day, and these individuals often do not know what to do when it happens. Just as there are certain things you should do, there are also things you should never do. Taking the wrong steps at this point could hurt your case in the future. Below are the five things you should never do if you are arrested.
Do Not Say Anything
If you are arrested, you have the right to remain silent and that is exactly what you should do. When police read you your Miranda rights, they will tell you that anything you say could be used against you, and they mean it. The chances are very good that they will take your words out of context and use it to hurt your case in court. Do not say anything to police officers except that you want to speak to an attorney.
Do Not Resist Arrest
Resisting arrest is a very dangerous thing to do in Illinois. Even trying to swat away the officer’s hands when they are trying to put handcuffs on you could result in additional charges if the officer views it as assault. Also, if law enforcement believes that you are resisting arrest, they have the right to subdue you, which can quickly become dangerous.
Can Police Search Your Phone?
Imagine police pulled you over in a traffic stop. Maybe they suspect you of a DUI, or maybe they want to cite you for having a broken taillight. Whatever the reason, they approach your window and begin to question you. They may even become aggressive and demand that you hand over your phone. Perhaps they even order you to unlock it for them or provide them with your password. This is a scary situation, as everyone has personal and confidential information on their phones these days. The question is, are police allowed to search your phone?
U.S. Supreme Court Decides on Cell Phone Searches
In 2014, the U.S. Supreme Court heard the case of Riley v. California. The defendant had been stopped by police for expired registration tags on his vehicle. During the stop, the officer also learned that the defandant’s driver’s license was suspended and that he was carrying a number of firearms in his car. The officer also took his phone, which the officer claimed had further incriminating evidence on it.
Penalties for Ecstasy Possession in Illinois
Ecstasy is often known as a party drug, but it is a substance that is illegal under Illinois’ drug laws. It also carries some of the harshest penalties for those convicted. The drug was blamed for causing an epidemic in Illinois in 2002, as it was said to have been responsible for a number of teenage deaths. It has also been called a growing threat to youth all around the country. It is because ecstasy is considered so dangerous that law enforcement and the prosecution here in Illinois take it so seriously.
Anyone accused of ecstasy possession should understand what penalties they are facing if they are convicted, and the importance of speaking to an Illinois criminal defense lawyer.
What Is Ecstasy?
Today MDMA, the technical name for ecstasy, is on Schedule I of the Controlled Substances Act. Drugs appearing on this schedule are thought to have a high potential for abuse and no currently accepted medical use.
Questioning of a Minor Without Parents or an Attorney
When your child has been arrested for an offense such as underage drinking, the situation can be terrifying. One of the most frightening aspects of this scenario for parents is learning that their child was questioned by police without an attorney, and without either parent being present. So, what does the law say in Illinois about questioning a minor? Are police officers required to ensure the parents or the child’s attorney is present?
What Is the Definition of a Minor?
Under the Juvenile Court Act of 1987, individuals 18 years old or younger are considered minors in Illinois. Even minors charged with a felony are still considered juveniles and are tried in juvenile court. However, if the court views the crime as especially heinous, a juvenile may be transferred and tried in adult court. This process typically only applies to violent offenses such as murder and rape.
Challenging Breath Test Results in Illinois
Under Illinois’ implied consent laws, if you are pulled over for a DUI, you must submit to a breath test if asked by an officer. After the breath test, the officer will tell you what your blood alcohol content (BAC) is, and if you blew over 0.08, which is the legal limit. If you did, the situation may seem hopeless. However, there are ways to challenge these tests and get them thrown out of court, which can be very helpful to your case.
The Results Were Inconsistent
If you blow into a breathalyzer many times and get significantly different readings, it indicates that the machine is not reliable. Some judges have even deemed certain brands as being notoriously unreliable. Additionally, breath tests must be performed until two successive results fall within 0.020 percent of each other. If this range cannot be reached, a judge may determine that the tests are inconclusive.
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