What is a Statutory Summary Suspension? When a driver is arrested for a DUI, he/she is asked by the police officer to submit to a breath, blood, or urine test to determine if their blood alcohol concentration (BAC) is greater than .08 or if there are any drugs in their system. If the driver is [...]
Read More BAID device, Blood Alcohol Concentration, DUI, MDDP permit, statutory summary suspensionIs blood spatter evidence in a murder case real evidence or “junk science.” All I would say is I hope the prosecution has more evidence than this to make their case. Also, why the delay in charging the defendant? Will large amount of drugs found hold up in court when anonymous tip led to their [...]
Read MoreInteresting article in the Tribune today detailing how drug sniffing dogs are not always correct in alerting for drugs on a traffic stop. See http://www.chicagotribune.com/news/local/ct-met-canine-officers-20110105,0,6649157,full.story This is certainly an alarming problem because the Supreme Court has stated that the police can have a drug sniffing dog sniff the outside of a car on a traffic [...]
Read More Aggravated DUI, drug sniffing dogs, drugs, DUI, Fourth Amendment, narcotics, racial profiling, traffic stopHaving talked to many clients as a defense attorney handling domestic violence offenses and to many victims as a prosecutor, I have learned that there is a lot of misinformation out there concerning how the court system handles domestic violence cases. This blog hopefully will clear up some of those misconceptions. When a defendant is [...]
Read More Domestic Battery, domestic violence, order of protectionThe next stage in the progression of a criminal or traffic case is a bench or a jury trial. If the matter is set for a bench trial, a judge will hear all of the evidence introduced during the trial and make a finding of guilty or not guilty. In a jury trial, 12 people [...]
Read More Aggravated DUI, bench trial, defense attorney, Domestic Battery, DUI, jury instruction, jury trial, prosecutorThe next stage of a felony criminal or traffic case is the arraignment. It is at this hearing where the defendant is read the formal charges against him or her. The defendant must then enter a plea of guilty or not guilty. If the plea is guilty, either through an agreement negotiated by the defendant’s [...]
Read More Aggravated DUI, Answer, arraignment, DUI, DUI blood draw, indictment, Information, Motion for DiscoveryThe next court date for a criminal defendant charged with a misdemeanor offense is generally a status date for the defendant to have his defense attorney file an appearance and request any evidence in the case that the State will be using against the defendant. If the case is going to result in a plea [...]
Read More arraignment, Domestic Battery, drugs, felony, grand jury, indictment, misdemeanor, preliminary hearing, probable cause, true billMany people enter the criminal justice system in the chicagoland area and they have no idea what the procedure is and the normal timeline for a criminal case. In fact, some criminal defendants who come to court with no attorney or an attorney who has not explained the process to them do not even know [...]
Read MoreWhen a motorist refuses to take a breathalyzer test, field sobriety tests are often a very important piece of evidence the State uses to prove a defendant guilty beyond a reasonable doubt of DUI. Judges rely on the police officer’s expertise in giving field sobriety tests, and the police officer’s subjective opinion based on the [...]
Read More Aggravated DUI, Blood Alcohol Concentration, DUI, field sobriety testsThis is an interesting story from the Daily Herald: http://www.dailyherald.com/story/?id=405169. A woman is suing the police and the Lake County State’s Attorney’s office for malicious prosecution and wrongful arrest for DUI. She was pulled over for DUI and Police and the State’s Attorney’s Office obtained a warrant to take her blood. She refused to comply [...]
Read More Blood Alcohol Concentration, constitutional rights, DUI, DUI blood draw, Fourth Amendment, probable cause