Search
Facebook Twitter Google Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘Illinois traffic stop’ tag

Police Performing Community Caretaking Function Can Arrest for DUI

June 6th, 2016 at 8:27 am

Illinois arrest for DUI, community caretaking function, Rolling Meadows DUI LawyerGenerally speaking, police need to have a good reason—probable cause—to make a traffic stop. Otherwise the traffic stop is an illegal seizure under the Fourth Amendment. However, there are limited exceptions to the prohibition against illegal seizures, and one of those exceptions arises when police are acting in their community caretaking function.

Police Officers As Community Caretakers

The community caretaking function of a police officer occurs when an officer engages in an activity, other than the investigation of a crime, that helps those in the community. A few examples include helping lost children find their parents, responding to non-criminal calls such as helping people, assisting with missing person cases, or helping drunk citizens return to their homes (presuming that the drunk individuals are not violating the law).

The Community Caretaker Exception to Search and Seizure

In order for the community caretaking exception to the Fourth Amendment to apply, the police officer must be engaging in an activity or job duty other than the investigation of a crime, and the search and seizure must be reasonable and undertaken with the purpose of protecting the public or promoting safety.  

Community Caretaker and DUI Example

Very infrequently does a police officer stumble upon a person who is drunk behind the wheel, but who is not in fact driving. Still, this can happen, and it has happened in the past. In The People v. McDonough, a police officer came across McDonough’s vehicle on the side of the road. The officer stopped to check if the driver was ok. The officer turned on his lights, and proceeded like a traffic stop—he approached the vehicle and asked the driver questions. During questioning, the officer noted evidence of alcohol intoxication on the driver’s breath and asked the driver to participate in field sobriety testing. The driver failed these tests and then refused to submit to a breathalyzer test. McDonough was arrested for DUI, and the Illinois Supreme Court found that the police officer’s stop was not a violation of McDonough’s Constitutional rights because of the community caretaker exception.

When the officer turned on his lights, he engaged in a seizure of the driver. However, since the officer was looking into the vehicle that was stopped on the side of the road as a community caretaker, rather than as an officer investigating a crime, the police officer’s seizure, or traffic stop, was legal. Therefore, the resulting DUI charges were based on a legal stop and seizure. Furthermore, the evidence of the alcohol on the driver’s breath was obtained through a valid search and seizure under the Fourth Amendment community caretaker exception, and thus could not be excluded at trial.

When You Need a DUI Defense Lawyer

There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a dedicated Rolling Meadows DUI lawyer immediately. We are happy to help you today.

Sources:

https://www.law.cornell.edu/constitution/fourth_amendment

http://www.illinoiscourts.gov/opinions/supremecourt/2010/november/109489.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1815&ChapterID=49&SeqStart=81900000&SeqEnd=84800000

Kristin Cavallari Ticketed For Speeding

September 30th, 2013 at 6:48 pm

LauraThe wife of Chicago Bears quarterback Jay Cutler picked up a speeding ticket on a recent trip from Evanston to Chicago. Since she was driving without an Illinois driver’s license, she was required to visit the Evanston police headquarters to post a $150 bond. Cavallari was surprised that she was required to visit the police station to post a bond, but it brings to light a common procedure for individuals with certain out of state licenses who are pulled over traffic violations.

According to the Evanston police, this is normal for individuals with certain state drivers licenses. Unfortunately, California and several other states do not participate in a cooperative agreement between states about licensing. Although many people are not aware of this, it does indeed come with a $120 fine, which can be deducted from posted bond. This amount could also be increased as a result of court costs.

Any individuals moving from another state to Illinois are required to update their driver’s license within 30 days. Failure to recognize the importance of this rule could lead to an unpleasant surprise for someone being pulled over by police.

The Illinois DMV sets the guidelines for driving with an out of state license at a maximum of 90 days after the move, but the 30-day rule relates to the date on which you establish residency in the state. Some examples of establishing residency in the state include renting a place to live, obtaining a job, initiating school in the state, or by purchasing a home with the intent to live there. If you have accidents on your record or you are over the age of 75, you will need to take the driving test in the state of Illinois. If you have been pulled over for speeding or another citation and you require legal assistance, reach out to an experienced Illinois criminal attorney today.

Back to Top Back to Top Back to Top