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There are two main chemical tests used to determine a person’s blood alcohol content (BAC). The first is a breath test, often called a breathalyzer, that determines blood alcohol based on the amount of alcohol on the test taker’s breath. The second is a blood test that directly determines the amount of alcohol in the subject’s blood. However, these tests are not infallible. False positives and inaccurate results can be caused by human error, improper storage, defective devices, and several other issues. If you or a loved one are facing charges for driving under the influence (DUI), do not lose hope. You or your loved one may still be able to avoid conviction by discrediting the results of chemical BAC tests.
If you have even been pulled over on suspicion of drunk driving, you are probably familiar with the portable breathalyzer tests carried by police officers. These preliminary tests are used to create probable cause for a DUI arrest. However, the results of the preliminary breathalyzer are not admissible as evidence against the defendant in DUI proceedings. Typically, once an alleged drunk driver is taken to the police station, he or she is required to complete a second breath test on a device with greater accuracy. The results of this evidentiary breath test may be used as evidence in court. However, both evidentiary tests and preliminary tests can be unreliable.
According to the World Health Organization, alcohol is more closely associated with aggressive behavior than any other drug. Unfortunately, this makes bar fights a common occurrence in DuPage County and throughout the state. Police are often called to the scene when a bar fight results in serious injury. In the chaotic aftermath of a fight, police may not immediately know which parties are the aggressors and which are the victims. If you were arrested after a bar fight, you may be facing charges for assault or aggravated assault. These offenses are punishable by significant criminal consequences, including imprisonment so it is important to take action right away.
In Illinois, assault is a Class C misdemeanor offense. It is punishable by up to 30 days in jail and a maximum $1,500 fine. If the defendant allegedly threatened to use or used a firearm, or if the offense was directed at certain protected persons, the charge may be elevated to aggravated assault. Aggravated assault charges vary, but someone convicted of aggravated assault in Illinois may face up to several years in prison. Therefore, it is important to do whatever you can to avoid conviction.
Among the many misconceptions about law enforcement is the belief that police cannot lie to criminal suspects. Some people believe that police have to identify themselves as law enforcement or cannot use falsities to obtain information or confessions. This is not true. Police can and do lie to suspects in order to gather information about suspected criminal activity. However, a new law in Illinois will soon change this for minors accused of crimes.
The American justice system has long acknowledged that children and teenagers do not have the same level of understanding and awareness as adults. Juvenile criminal justice is typically focused on rehabilitating offenders rather than punishing them. However, until recently, police could use the same deceptive interrogation tactics on minors as they could adults. For example, police could claim to have proof of the suspect’s presence at a crime scene even if no such proof existed. They could also claim that witnesses had identified the suspect even if there were no witnesses making such a claim. As of January 1, 2022, these types of police tactics are prohibited in any police interrogation involving a minor.
In Illinois, several different traffic violations and criminal offenses can lead to driver’s license suspension or revocation. One of the most common causes of driver’s license suspension or revocation is driving under the influence of alcohol (DUI). Losing your ability to drive can make it difficult or nearly impossible to get to and from work, attend appointments, and fulfill other important responsibilities. Fortunately, Illinois has programs in place for individuals who need to regain driving privileges after a DUI.
Once your driver’s license has been suspended or revoked, it becomes illegal to drive. Driving on a suspended or revoked license is a criminal offense punishable by fines and jail time. If you lost your license after a DUI, you may be able to regain your driving privileges through a restricted driving permit (RDP).
Robbery involves theft with the use or threat of physical force. Illinois takes violent crimes very seriously, and robbery is considered a felony offense. Punishable by years or even decades in prison, it is one of the most harshly penalized crimes in Illinois law. If you or a loved one were accused of robbery or armed robbery, seek guidance from an experienced attorney as soon as possible. Your lawyer will help you build a strong legal strategy and represent you throughout the criminal proceedings.
Being convicted of a felony offense will have a dramatic impact on the rest of your life. In addition to significant jail time, you may struggle to find adequate employment and housing for years after your prison sentence has ended. Building a strong defense is crucial to protecting your future.
When a person is arrested and charged with a crime in Illinois, there are a number of steps in the criminal justice process between that arrest and the resolution of the case. One of the first steps after an arrest is arraignment. The outcome of that arraignment can actually set the tone for the way the rest of the process will go. If you have been charged with a crime, it is important to have a skilled Chicago defense attorney representing you during the entire process.
An arraignment is a hearing held in a courtroom with a presiding judge. The person who has been arrested is now considered the “defendant.” The defendant will be called in front of the judge, who will formally read the charges the defendant has been arrested for. The judge will then ask the defendant to enter his or her plea.
A 58-year-old Illinois woman who has been charged with two counts of aggravated driving under the influence is not only facing the loss of her license and potential loss of freedom – she is also facing the loss of her vehicle via a civil forfeiture complaint. While many people are aware of police seizing the assets of people convicted of drug dealing and other illegal activities, is seizing the vehicle of a person who is accused of drunk driving legal under Illinois law?
According to information released by law enforcement, on the night of September 14, a police officer noticed a vehicle take a right-hand turn, however, the driver failed to use their turn signal. The officer pulled the vehicle over. As he explained to the driver why he had stopped her, he noticed she had an open bottle of alcohol near her leg that she attempted to hide when the officer questioned her about it.
Last June, the Office of Inspector General (OIG) for the City of Chicago released a fairly negative report regarding the lack of protocols and procedures by the Chicago Police Department for its records management and production system. Included in the report was a list of corrective recommendations for the department to implement. One year later, a new investigation has found that the department has taken almost no steps to address the issues in the OIG report. The question for the public is: How does the Chicago PD’s flawed system impact defendants’ constitutional rights and their ability to defend themselves against criminal charges?
In the original report in 2020, the OIG noted significant deficiencies that may make it “impossible for the department to ensure that all relevant records were identified and produced when required to.”
A recent story about an Illinois woman’s arrest in Hawaii for using a fake vaccine card went viral across media outlets and social media platforms. While some readers of the story found certain details of the case humorous, the charges she is facing and the potential penalties if she is convicted are anything but.
According to details released by the Honolulu Police Department, the Oak Lawn, IL woman arrived in Hawaii on August 23. Hawaii has a mandatory 10-day quarantine for all visitors to the state, unless the visitor can provide proof they are vaccinated. The woman uploaded a COVID-19 vaccine card to the state’s Safe Travels Program website; however, that upload was flagged by authorities on suspicion of being counterfeit.
One reason why the card was flagged is that the type of shot on the card was listed as “Maderna.” The actual spelling of that shot should be “Moderna.” When authorities looked further at the information provided on the woman’s form, there were signs that raised more red flags, including her failure to list what hotel she was staying at and false departing flight information. The woman also said she received her vaccine in Delaware, but when authorities checked, that state had no record of her in their system.
In our last blog post, we discussed some of the highlights of the Safety, Accountability, Fairness and Equity – Today (SAFE-T) Act, recently passed by the Illinois legislature, as it applies to policing, arrests, and detention. The act also made changes to how the courts should address certain issues in sentencing if a person has been convicted of a crime, as well as changes to incarceration and decarceration programs. The following is a brief overview of these changes.
One of the criteria that judges look at when determining the sentence a convicted defendant will receive is whether or not they are a “habitual criminal.” This standard can negatively impact those who have criminal convictions during young adulthood, at a time when research shows that the brain is still developing and a person may be prone to poor decision-making and impulse control. Under the newly passed laws in Illinois, any convictions that a person had when they were between the ages of 18 to 21 will no longer be included in defining whether a defendant should be classified as a habitual criminal.
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