DUI

Fatal accident: a review of reckless homicide charges and penalties

July 16, 2013
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The courts treat most accidents as a matter of negligence. The person who is responsible for the accident is considered at fault, or liable. Anyone who is injured or killed by the person at fault can recover damages in a civil action for personal injury or wrongful death. Since the person responsible did not intend […]

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Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed

March 20, 2013
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Defendants in felony cases are subject to special rules in sentencing. Compared to misdemeanor sentencing, felonies are complicated. The court is governed by obscure rules that can sometimes produce unexpected results. And the last thing a defense attorney wants in court is to advise a client on a sentence and have something unexpected come up. […]

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New seat belt law in Illinois could increase profiling in traffic stops

February 9, 2012
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Illinois lawmakers made a significant change to the vehicle code that is effective in 2012. Starting January 1, 2012, anyone who drives or rides in a motor vehicle in the state of Illinois will be required to wear a seat belt. This was not always the law. Prior to 2012, a backseat passenger in Illinois […]

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The police officer had me stand on one leg and count to 30. Did I pass this sobriety test?

August 1, 2010
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One of the field sobriety tests most commonly utilized by law enforcement in DUI investigations is the one-leg stand. This sobriety test was approved by the National Highway Traffic Safety Administration (NHTSA) as accurate and reliable in detecting drivers who are intoxicated on alcohol or drugs. The one-leg stand, also called one-legged stand or OLS, […]

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New Illinois Supreme Court ruling limits use of field sobriety test

July 24, 2010
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The Supreme Court of the state of Illinois issued a new ruling in 2010 concerning the use of the horizontal gaze nystagmus test (HGN). During an arrest for DUI, the police officer will ask the driver to stand still and follow a pen with his eyes, and keep his head motionless. The HGN test is […]

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What is the walk-and-turn test?

June 6, 2010
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The walk-and-turn test (WAT) is a field sobriety test that was approved by the National Highway Traffic Safety Administration for use in detecting intoxicated motorists. The WAT has been standardized and is used by all police and sheriff’s departments in DUI arrests. Field sobriety testing usually takes place roadside during the traffic stop. However, the […]

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The police officer asked me to follow a pen with my eyes. Is that a field sobriety test?

April 9, 2010
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During a traffic stop, if a police officer suspects that a driver is intoxicated, he will use special training to assist him in making the decision whether to arrest. The police officer will ask the motorist to participate in field sobriety tests (e.g. FSTs) to determine whether the driver is impaired. The National Highway Traffic […]

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If I get pulled over for DUI, should I take the breath test?

March 30, 2010
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An arrest for DUI is a serious matter. Generally, there are no easy answers about whether a person should take the breathalyzer test. But there are a few principles that may influence the decision. First, there are two opportunities to take a breath test. The first opportunity will occur on the side of the road […]

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How long will I lose my Illinois driver’s license for a DUI conviction?

March 9, 2010
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A conviction for violating 625 ILCS 5/11-501, the Illinois DUI law, will result in a mandatory driver’s license revocation by the Secretary of State. The law provides the following: Sec. 6-205. Mandatory revocation of license or permit; Hardship cases. (a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, […]

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What is aggravated DUI in Illinois?

March 9, 2010
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While an arrest for driving under the influence is a misdemeanor on the first offense in Illinois, there are some circumstances where even a first offense can be a felony. Felony DUI offenses are called aggravated DUI. Misdemeanor offenses have a maximum sentence of less than one year of imprisonment. Felony offenses, on the other […]

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