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What Are Your Rights When Approaching a DUI Checkpoint?

December 26th, 2019 at 9:07 am

IL DUI, IL drunk driving lawyer, IL DUI checkpoint lawyerThe 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.

When setting up the checkpoint, law enforcement must use lights, signal flares, or signs to tell drivers that they are approaching a checkpoint. All vehicles and officers on the scene must be clearly marked to indicate that they belong to law enforcement.

Officers are not allowed to detain drivers they have no reason to believe has been drinking or committing any other criminal activity. If they want to ask a driver to get out of their vehicle, or to search the vehicle, they must have reasonable suspicion that the driver is drunk or has committed another offense. Lastly, officers cannot arrest someone without a reason to believe that the person has committed a crime.

Your Rights at a DUI Checkpoint

In Illinois, you are allowed to turn your vehicle around if you are approaching a DUI stop and wish to avoid it. You must make this turn legally. If you decide to proceed through the checkpoint, it is important to understand that you still have the same rights as someone that is pulled over by police for a suspected DUI.

You do still have the right to remain silent if you could incriminate yourself, such as admitting that you had been drinking. You can also refuse to perform field sobriety tests and can refuse to submit to a breathalyzer test, although your driver’s license will likely be automatically suspended for one year.

If the police arrest you at the checkpoint, you still have the right to remain silent until speaking to an attorney. You also have the right to refuse to provide a blood sample until you are presented with a warrant signed by a judge.

Arrested at a DUI Checkpoint? Call an Illinois Criminal Defense Attorney

Too many people in Illinois are confused about their rights when they approach a DUI checkpoint. The fact is everyone has them and, too often, law enforcement violate those rights in their eagerness to make an arrest. If you have been charged with a DUI arrest after passing through a checkpoint, call our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley. Our attorney has the experience necessary to challenge these charges and give you the best chance of beating them. Call us today at 847-394-3200 to schedule your free consultation to learn how we can help.

 

Source:

https://www.law.cornell.edu/supremecourt/text/496/444

Understanding Reckless Homicide in Illinois

December 19th, 2019 at 8:56 am

crashCar 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.

A person charged with reckless homicide does not have to have intent to kill another person. In fact, if they do, they will likely be charged with murder instead of reckless homicide. Still, when a person takes the life of another, the law states they must be penalized for their actions.

Penalties for Reckless Homicide

Reckless homicide also has much harsher penalties than reckless driving. While reckless driving is usually considered a misdemeanor, reckless homicide is always charged as a felony.

A maximum fine of $25,000 can be laid regardless of whether the reckless homicide charge is considered a Class 2 or Class 3 felony. However, a Class 3 felony carries prison sentences of two to five years. A Class 2 felony carries a penalty of between three and 14 years in state prison.

Like any other criminal conviction, the penalties for reckless homicide can cause someone to lose their job, have their driving privileges revoked, prevent them from gaining employment, and from owning a firearm.

Defenses to Reckless HomicideLike any criminal offense, there are several defenses to reckless homicide charges. Some of the most common of these include self-defense and mistaken identity. Additionally, if the prosecution has insufficient evidence, they will also not be able to secure a conviction for the offense.

However, a very effective defense in reckless homicide is that it was truly an accident. When using this defense, drivers can show that they were not driving negligently or recklessly. For example, if a driver ran a red light and hit another car and died as a result, the driver of the vehicle they struck cannot be charged with reckless homicide because they were not driving recklessly.

Our Illinois Criminal Defense Attorney can Help With Your Charges

If you are facing charges of reckless homicide or any other traffic offense, ou r skilled Rolling Meadows criminal defense attorney can help. At the Law Offices of Christopher M. Cosley, our attorney knows you have rights even after being charged, and he fights to ensure they are upheld at all times. He also has the necessary experience to craft a solid defense for your case and give you the best chance of a positive outcome. If you need help, call us today at 847-394-3200 or contact us online to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

 

Tips to Avoid a DUI This Holiday

December 12th, 2019 at 8:55 am

IL DUI lawyer, IL defense attorneyThe 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

Drowsy driving can look a lot like drunk driving to police officers that are eager to make an arrest. Even just one drink on a stomach full of turkey can make you drowsy enough to impair your driving. Another reason to avoid driving while drowsy is also to ensure your safety, and the safety of those around you.

Designate a Driver

Of course, the best way to avoid a DUI charge is to avoid driving drunk. That often means designating a driver before you go out. If there are many festivities that you and friends or family will be attending, you can all take turns being the designated driver so everyone can celebrate the holidays, while remaining safe.

Ask for a Ride

Sometimes you may find that you had the best of intentions but that you ended up having one or two more drinks than you thought. When this is the case, it is always better to ask for a ride. Ask around at the event you are at to find out if anyone is going your way, or call an Uber or Lyft.

Plan Ahead

One of the best ways to avoid a DUI is to plan ahead so you do not find yourself stranded, which can make it that much more tempting to get behind the wheel of your car. Also, preparing for your ride home ahead of time will also be easier than asking as everyone is leaving the party, and could be cheaper too, as you may not have to rely on paid services, such as taxis and ride-sharing programs.

When the Worst Happens, Call Our Illinois Criminal Defense Lawyer

Whether or not you have followed all of the above tips, you may still find yourself facing charges. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows that not everyone charged is guilty, and he will work hard to prove you are not either. Attorney Cosley has the experience necessary to have your charges reduced, or dismissed altogether. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

https://www.galvanews.com/news/20191122/isp-prepare-for-increased-holiday-travel

 

What Happens if I Am Caught Driving with a Suspended License?

December 4th, 2019 at 8:50 am

IL defense attorney, IL traffic violations lawyerThere 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.

In some situations, the offense could even be considered a felony, such as when the license was suspended after a DUI conviction. In these cases, driving on a suspended license has penalties of up to ten days in jail, or 240 hours of community service, which is approximately 30 days.

If you are charged with a second violation of driving with a license that was suspended or revoked after a DUI conviction, the offense is upgraded to a Class 4 felony. The mandatory minimum penalty for this conviction is at least 30 days in jail or 300 hours of community service. However, the court has the ability to sentence you to one to three years in jail and a maximum fine of $25,000.

Driver’s License Suspensions

After being found guilty of the offense of driving with a suspended license, you will also face additional suspensions. The Secretary of State will extend your suspension for the same amount of time the original suspension dictated. If you are convicted of driving with a license that has been revoked, you will have to wait at least one year from the date of your conviction before your license is reinstated. Although there are no guarantees that you will get your license back after this time, one year is the minimum amount of time you will have to wait.

Convicted of Driving on a Suspended License? Call Our Illinois Criminal Defense Attorney

Being charged with driving with a suspended license is a serious offense. However, facing charges is not the same thing as being convicted. While the situation may seem hopeless, there are many defenses to driving on a suspended or revoked license. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows what they are. If you are facing charges, call us today at 847-394-3200 to set up a free consultation so we can start discussing your case.

Source:

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

 

How Can a Juvenile Conviction Affect College Admissions?

November 28th, 2019 at 11:02 am

Illinios juvenile defense lawyer, Illinois juvenile attorneyRegardless 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.

The questions asked will typically include any offenses a student committed as a juvenile. Applicants may be asked to include information about previous arrests, if they faced charges as a result, if the charges were dropped, or if they were found guilty or innocent.

It is important students are honest when answering these questions. Schools that ask these questions will typically run a background check anyway, and any prior arrests will show up on those checks. If there are discrepancies between what a student states on their application and what shows up on a background check, it will only work against the student.

How a Criminal History Affects College Admission Decisions

Not only do college and university applications ask about a student’s criminal background, but they typically ask for more detail than even employment applications. Elite schools, particularly those that are highly competitive, will likely not accept students that have a criminal record.

Other schools may deny students with a criminal background financial aid. With most students requiring this type of help, that alone could mean they will be unable to attend school. Two types of convictions or adjudications that could really hurt a student’s chance of admission or those involving violence and sex crimes. Schools around the country are trying to severely cut down on the number of these instances happening on campus and so, these crimes will likely hamper a student’s efforts the most. However, petty crimes such as vandalism and low-level marijuana offenses will likely be overlooked.

Get the Help You Need from an Illinois Criminal Defense Attorney

Unfortunately, once a student has a conviction or adjudication on their record, it is often very difficult to get rid of it. As such, the only way to help ensure these won’t affect their college or university application is to retain the help of a dedicated Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, we know how to prepare defenses when minors are charged with a crime so it does not affect their chances of getting into a post-secondary school or any other part of their life. If your child has been charged with a crime, call us today at 847-394-3200 for your free consultation to learn more about how our attorney can help you and your family.

 

Source:

https://www.law.northwestern.edu/legalclinic/cfjc/documents/ParentHandbook.pdf

What Not to Do if You Are Arrested

November 21st, 2019 at 11:00 am

IL defense attorney, Illinois criminal lawyerBeing 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.

Do Not Run

Resisting arrest and fleeing the police are two different things. If you resist arrest, such as arguing with the officer and telling them they have the wrong person, they can subdue you but they likely will not shoot you. If you run, however, they might use weapons to prevent you from running away. Running is much more dangerous than simply resisting arrest and should never be done.

Do Not Let the Police to Search You or Your Property

There are times when the police can search you. If they arrest you, for example, they can search your person, which typically means going through your pockets. Also, if your vehicle is at the scene and police notice something that is in plain sight, such as a joint or an open container of alcohol, they can search your car as well. However, you should not let them search more than that.

Without your consent, law enforcement must obtain a warrant to search you or your property. Providing your consent can give police access to evidence that they will use against you and that will hurt your case.

Do Not Go Back Into Your House

If the police come to your home to arrest you, they may ask if you want to go back inside to say goodbye to your spouse or kids, or even to get a jacket. Do not accept this offer. If you do, the police will escort you inside and immediately start looking for evidence, even if they do not conduct a thorough search. Remember that you can call your spouse and children from the police station, and you do not need anything else that badly. Just allow the police to take you to the station and you will help protect your rights and your case.

Were You Arrested? Call an Illinois Criminal Defense Attorney

If you have been arrested, you are likely very scared and confused. However, you do not have to go through it alone. Our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley can help. Christopher Cosley knows how to ensure your rights are protected, get evidence thrown out when those rights were not upheld, and give you the best chance of success in court. If you or someone you love has been arrested, call us today at 847-394-3200 for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-1

Can Police Search Your Phone?

November 14th, 2019 at 10:58 am

searchImagine 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.

The Supreme Court found in favor of the defendant and determined that police do not have the authority to search a person’s phone. The reason given for this was that modern smartphones have a wealth of information about a person. By accessing your phone, a person could determine where you live, work, what your Social Security number is, and more. The court determined this was an invasion of privacy.

However, although the Supreme Court made this ruling several years ago, there are still some instances in which police can search your phone.

When Can Police Search Your Phone?

Under the Fourth Amendment, all American citizens are protected from unlawful search and seizures. However, if law enforcement has probable cause that your phone contains evidence of a crime, they can obtain a search warrant for your phone. If a judge determines there is probable cause and issues a search warrant, you will have to relinquish your phone so law enforcement can search it.

The only time law enforcement can search your phone without a warrant is when you provide your consent. Police officers often try to get around this by demanding, instead of asking for your phone. They do so in a way that makes individuals feel as though they do not have a choice. Unfortunately, in these instances, if you give police your phone and unlock it to grant them access, even begrudgingly, you have given consent and the police can search your phone.

It is extremely important that you never give police your phone unless they have a warrant. When consent is provided, it could hurt your case if police do in fact find evidence to use against you.

Did Police Unlawfully Search Your Phone? Call Our Illinois Criminal Defense Lawyer

When police unlawfully search your phone, any evidence obtained from that search is inadmissible in court. This provides a solid defense for many offenses, including distracted driving. If you have been charged with a crime after police searched your phone, you need the help of a skilled Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, an attorney will always ensure your rights are upheld, and he will also get illegally obtained evidence thrown out of court. If you are facing charges, call us today at 847-394-3200 to schedule a free consultation.

 

Source:

https://scholar.google.ca/scholar_case?case=9647156672357738355&hl=en&as_sdt=6&as_vis=1&oi=scholarr

 

Penalties for Ecstasy Possession in Illinois

November 7th, 2019 at 10:53 am

IL drug crimes lawyer, Illinois defense attorney 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.

However, ecstasy was not considered an illegal drug until the 1980s. Before that time, psychiatrists used the drug when treating patients, although it had not yet been tested or approved by the U.S. Food and Drug Administration. Since ecstasy has been banned throughout Illinois and the rest of the United States, it has become a very popular street drug.

Penalties for Ecstasy Possession in Illinois

Possessing any amount of ecstasy in Illinois is illegal. Like all drugs, the penalties associated with possessing the drug will depend on how much of the drug a person has in their possession.

The only ecstasy possession charge that is a Class 4 felony is possession of one to 15 tablets. The penalty for this charge for individuals convicted is one to three years in jail.

All other penalties for ecstasy possession are considered Class 1 felonies. Possessing 15 to 200 tablets carries a minimum sentence of four to 15 years in jail while possessing 200 to 600 tablets has a penalty of six to 30 years for individuals that are convicted.

Individuals found with 600 to 1,500 tablets of ecstasy face eight to 40 years in prison. Any amount of ecstasy in excess of 1,500 tables carries a minimum mandatory sentence of ten to 50 years in prison. When a person is found with more than 1,500 tablets of ecstasy in their possession, they may also face distribution charges.

These penalties will increase if the person accused has a prior conviction, or if they were found in possession of ecstasy near a school or place of worship. Individuals that are in possession of ecstasy while a crime was being committed or that had a firearm on them at the time of arrest may also face increased penalties if they are arrested.

Need Help With Your Ecstasy Charges? Call Our Illinois Criminal Defense Attorney

If you have been charged with ecstasy possession, you need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, our defense attorney knows how to defend against ecstasy possession and other drug charges to give you the best chance of holding on to your freedom. Call us today at 847-394-3200 or contact us online to schedule your free consultation so we can start preparing your defense today.

 

Source:

https://www.govinfo.gov/content/pkg/CHRG-107hhrg88329/html/CHRG-107hhrg88329.htm

Questioning of a Minor Without Parents or an Attorney

October 31st, 2019 at 2:17 pm

juvenile-defenseWhen 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.

How Long Can Law Enforcement Detain a Minor?

Just like with adults, if a police officer suspects a minor of committing a crime, they can take them to the police station for questioning. These questions, and the answers to them, could potentially be used as part of the investigation and considered evidence. The length of time law enforcement can detain minors depends on the age of the minor.

When the child is younger than 12 years old, law enforcement can hold them up to six hours or charge them with a crime. If the child is between the ages of 12 and 18, law enforcement can detain the minor for up to 12 hours if the alleged crime was a non-violent offense. In instances in which the alleged crime was a violent offense, law enforcement can detain a minor for up to 24 hours.

Questioning Without an Attorney or Parent Present

In most cases, law enforcement can question a minor without an attorney or their parents present. However, new legislation was signed into law in August of 2016 that could require an attorney, depending on the circumstances and the age of the minor. The most recent law requires law enforcement to:

  • Ensure an attorney is present when the child is 15 years old or younger and has been charged with a murder or sex offense
  • Read the minor a simplified version of their Miranda rights if the child is under the age of 18
  • Specifically ask the minor if they would like a lawyer present if they are under the age of 18
  • Videotape the interrogation if the minor is under the age of 18 and being charged with a felony offense or a misdemeanor sex offense

The only requirement mandated by Illinois law as it pertains to parents being present for questioning is that law enforcement must make a reasonable attempt to contact them. Unfortunately, the law does not specify what constitutes a reasonable offense, nor does it state the penalties for law enforcement when they do not comply.

Has Your Child been Charged with a Crime? Call Our Illinois Criminal Defense Attorney

If your child has been arrested, you need the help of our skilled Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley. We understand that police do not always uphold the rights of minors. When that happens, we know how to get evidence thrown out and craft a solid defense to give your child the best chance of a successful outcome. Do not navigate the juvenile justice system on your own. Call us today at 847-394-3200 for a free consultation so our attorney can review your case.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-16

 

Challenging Breath Test Results in Illinois

October 24th, 2019 at 2:14 pm

IL defense attorney, IL DUI lawyerUnder 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.

The Officer Did Not Administer the Test Correctly

Officers must know how to properly administer a breath test, and there is a lot of user error with these machines. If the officer did not know how to use the machine, that shows a lack of training with them and can help prove that errors were made. Also, police officers must perform several tests to confirm that the machine is working properly. If they only performed one test, they did not do it correctly and the results are inadmissible in your DUI case.

The Machine Was Not Calibrated Properly

Breathalyzer machines are notoriously inaccurate. They must be calibrated properly and after being jostled around in a police car for some time, that calibration can easily be thrown off. Law enforcement must also keep proper records indicating when a machine was calibrated and had maintenance performed on it. When they cannot produce these records, an attorney will argue that the machine was not calibrated correctly and therefore, the results cannot be considered in the case.

The Stop Was Illegal

Police officers can only pull someone over when they have reasonable suspicion that a driver is breaking the law, or has broken the law. If an officer did not have reasonable cause to pull a driver over, any evidence obtained from that traffic stop cannot be used in court. This is sometimes the best-case scenario since the prosecution often relies mainly on evidence from gained from the traffic stop to prove that someone was driving under the influence.

Have You Been Charged with a DUI? Call an Illinois Criminal Defense Attorney

If you have been charged with a DUI, you are likely imagining the worst-case scenario. However, not all cases get that far. Our dedicated Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley has the experience necessary to craft a strong defense for your case. This includes not only getting breath tests thrown out of court, but also challenging the prosecution every step of the way. If you have been charged, call us today at 847-394-3200 for your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1

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