Interesting 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 stopThe 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 DiscoveryWhen 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 causeOften times criminal defendants and their attorneys think that court supervision is the best solution for a client and should always be taken if offered by the prosecution. In most cases, supervision is a very good disposition of the case. It does not involve any jail time. It is non-reporting, so you don’t have to [...]
Read More court supervision, deportation, Domestic Battery, DUI, expungement, Reckless DivingMunicipalities in the Chicagoland area have been hit by this recession hard. Most are finding creative ways to bring in revenue. One of those ways is to pass ordinances allowing police officers to tow cars and charge administrative fees to people arrested for traffic offenses such as DUI, driving on a suspended or revoked license, [...]
Read More Aggravated DUI, car tow, driving on a supsended license, DUI, municipal law, Reckless Driving, tow administrative feesThe Illinois Supreme Court recently ruled that a strip club could be sued for allowing a patron to drive drunk. The patron then crashed into a car in oncoming traffic, killing that motorist and her unborn child, as well as the passenger in his car. See http://www.suburbanchicagonews.com/beaconnews/news/2110464,Diamonds-strip-club-lawsuit_AU031810.article. While I feel terrible for the victims and [...]
Read More Aggravated DUI, DUI, Reckless DrivingThe Chicago Tribune had an interesting article about a driver who was issued a ticket for running through a red light by a Chicago police officer. http://www.chicagotribune.com/business/problemsolver/ct-biz-0316-problem-brown-20100316,0,6061431.column The driver paid the $75 ticket; however, he then received a red light violation in the mail because a red light camera also caught him. The administrative penalty [...]
Read More double jeopardy, DUI, red light camera, subpoenaIt is hard to debate the merits of the new Illinois law that bans texting while driving. Sure we all have done it, but it is hard to argue that it is not dangerous. Certainly texting distracts drivers to the point of creating a real danger on the road for all of us. However, does [...]
Read More drugs, DUI, texting while driving