probable cause

Possession of a fraudulent identification card: a serious offense

February 17, 2012
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Many people would be surprised to know that possessing a fake ID in the state of Illinois can result in felony charges. While it has been a right of passage for young people to use fake IDs to buy alcohol and get admitted to over-21 establishments, the law in Illinois punishes this practice severely. The […]

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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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Aggravated unlawful use of a weapon under Illinois law

October 5, 2011
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The state of Illinois has some of the nation’s toughest laws on firearms. It is tragic because Chicago is one of the most violent places in America. If there is any place in America where a person would need a firearm for protection, it would be Chicago. Although the Second Amendment gives each person the […]

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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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What is the law in Illinois on possession of cannabis?

March 3, 2010
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Possession of cannabis, generally referred to a marijuana, is a criminal offense in Illinois. The criminal charge of possession of cannabis is set forth in 720 ILCS 550/1 et seq, the Illinois Cannabis Control Act. While other states have decriminalized cannabis, Illinois has not. To decriminalize possession of cannabis is to say that it is […]

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I got a DUI in Illinois. How can I win my summary suspension hearing?

February 9, 2010
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The issues on an Illinois summary suspension hearing are, generally: probable cause, reasonable grounds to believe the defendant was driving, improper warnings, and the driver was not under the influence.

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What does it mean to resist arrest or obstruct a peace officer?

February 5, 2010
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Under Illinois law, a person who is arrested by a police officer but does not cooperate runs the risk of getting charged with resisting or obstructing a peace officer.

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