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Do Illinois Police Know the Difference Between a Diabetic and a Drug User?
DUI does not just refer to drunk driving. It is against Illinois law to operate a motor vehicle under the influence of any drug, legal or illegal. However, police must have reasonable grounds to believe that you are actually under the influence of drugs.
Officer Lacked "Probable Cause" Based on Questionable Drug Test
This can be a problem when an officer lacks appropriate training and simply jumps to the conclusion that a driver was using drugs without adequate proof. Given that a drug arrest can not only lead to a criminal charge, but also carries a "civil penalty" in the form of an automatic driver's license suspension, such mistakes can be devastating to innocent individuals.
Consider a recent Illinois case. In September 2015, a police officer for a small village outside of Joliet received a call reporting "an unconscious person in a vehicle who was possibly having a seizure." Upon arriving at the scene, the officer found the person - the defendant in this case - under the care of paramedics.
What are My Options for Driving After an Illinois DUI Arrest?
If you are convicted of driving under the influence in Illinois, you will lose your driving privileges. In fact, you can lose your driving privileges before you are convicted if you fail a chemical sobriety test by having a blood-alcohol content (BAC) greater than 0.08 or if you refuse to take the test during your arrest. This is called the statutory summary suspension and is an administrative driver’s license revocation that is separate from your criminal case. The amount of time that your license is suspended for depends on the nature of your arrest. For example, if you refuse to take a chemical test, your license will be suspended for longer than if you had simply just failed the test.
The Illinois Secretary of State is the governing body that is responsible for the administrative driver’s license revocations. The Secretary of State understands that not being able to drive can create hardship for some people, which is why they have provided a way to allow those with suspended licenses to still be able to drive. If your license is suspended because of a DUI charge, you have two options: a monitoring device driving permit (MDDP) or a restricted driving permit (RPD).
When is an Illinois DUI Charged as a Felony?
The state of Illinois is relatively strict when it comes to DUI offenders and there are many consequences that come with a DUI conviction. Even for a first-time DUI conviction, you face jail time, monetary fines, and a loss of your driving privileges for at least a year. Most DUI offenses are charged as a misdemeanor crime, but it does not take much to elevate the charge to a felony crime. Being convicted of a felony crime carries more consequences than a simple misdemeanor, which is why it is important to speak with a knowledgeable DUI defense attorney if you face charges.
First and Second DUI Convictions
When it comes to basic DUI’s, both first and second convictions are considered to be misdemeanor charges. Both are charged as Class A misdemeanors, which carry possible jail time of up to one year, up to $2,500 in fines or a combination of both. A first or second DUI will not be charged as a felony crime unless another factor was present. For example, if you were caught with a child in the vehicle while you were driving under the influence and the child suffered injuries from a crash, you will be charged with a Class 4 felony.
What Constitutes a Disorderly Conduct Charge in Illinois?
Being charged with disorderly conduct can be a frightening experience. Unless you have had prior contact with the criminal justice system, you probably do not know what you should expect. Disorderly conduct can be charged as either a misdemeanor charge or a felony charge, depending on the situation and what the actual act of disorderly conduct was. If you have been accused of disorderly conduct, an Illinois criminal defense attorney can help you navigate the situation.
What is Disorderly Conduct?
In the state of Illinois, disorderly conduct is a rather vague crime. Instead of having a specific situation or set of actions outlined in the disorderly conduct law, the law is written to allow judges to determine what they believe to be disorderly conduct.
The disorderly conduct statute contains 12 situations in which a person could be charged with disorderly conduct. The first and most common way a person can be charged with disorderly conduct is by alarming or disturbing other people and provoking a breach of the peace. Other situations in which a person could be charged with disorderly conduct include:
Car Safety Features Can Cause Injuries in a Collision
If you have bought a new car - or even a used car - in the last few years, you have probably noticed that new safety features are being added to vehicles all the time. Newer cars often come equipped with braking-assist systems, blind spot detection, and a wide range of other systems designed to keep drivers and passengers safe and limit injuries in the event of a car accident.
For those who learned to drive many years ago and still use the techniques they were originally taught, some of these safety features can actually present unexpected dangers. For example, the National Highway Traffic Safety Administration (NHTSA) and other safety organizations now say that the old "10-and-2" method of steering can put drivers at risk for burns, broken bones, and other injuries if the steering-wheel airbag deploys.
Airbags Make a Difference
Driving instructors have long taught new drivers to envision the steering wheel as the face of a clock. Drivers were instructed to grip the wheel with the left hand at the 10 o’clock position and the right hand at the 2 o’clock position. The idea was to give the driver the most control over the steering wheel and the vehicle while steering.
Tips to Help Avoid a Motorcycle Accident in Illinois
For many Americans, motorcycles are a preferred method of transportation during the warmer months. Now that the snow has melted and the sun is shining, there are more and more people who are out enjoying their bikes. Though this is a cherished pastime for some, it can be deadly for others. According to the National Highway Traffic Safety Administration (NHTSA), there were more than 5,000 motorcyclists who were killed in traffic accidents in 2017, with tens of thousands more who suffered from injuries. Fortunately, you can lessen your risk of being injured or killed in a motorcycle traffic accident. Here are a few ways you can reduce your chance of being in a motorcycle accident:
- Wear Adequate Protection: The first thing you can do to keep yourself safe is to wear clothing and gear that can provide you with protection. Motorcyclists are especially vulnerable because they do not have the structure of a vehicle surrounding them, as others do. Before you hop on your bike, you should be sure to wear long pants and long sleeves, ideally made out of leather or heavy denim. You should also be wearing a helmet that meets the Department of Transportation’s safety standards.
Can I File a Malpractice Lawsuit Against My Doctor for a Misdiagnosis?
Medical malpractice can envelop a variety of different physician behaviors and actions. One type of medical malpractice that can get overlooked is the misdiagnosis of a patient. According to a study published in the medical journal "BMJ Quality & Safety," around 12 million adults are misdiagnosed each year, which is roughly equal to one out of 20 patients. Misdiagnosis is dangerous not only because it leaves people not getting the correct treatment, but in some cases, the treatment itself can cause harm. Sometimes, a misdiagnosis can be an innocent error on the doctor’s part, but sometimes it can be the result of a careless and negligent physician.
What is Misdiagnosis?
There is more than one way you can be misdiagnosed when you present your doctor with your symptoms. In any case, a misdiagnosis can be dangerous and sometimes even life-threatening. Here are the three forms of misdiagnosis that you can experience:
Types of Workers’ Compensation Benefits in Illinois
Being injured while you are at work can be a stressful and worrisome situation. Not only are you suffering from a physical injury, but you are probably full of stress and uncertainty about how you will be able to earn money if you cannot work. Thankfully, Illinois requires almost all employers to have workers’ compensation insurance. This is a type of insurance that is in place for these very situations - if a worker is injured on the job, workers’ compensation insurance will cover it. In Illinois, workers’ compensation covers three types of benefits: medical benefits, disability benefits, and death benefits.
Medical Benefits
First and foremost, the basic intention of workers’ compensation insurance is to ensure that an employee’s medical care is taken care of in the event they are injured. In Illinois, your employer is required to pay for any and all medical expenses relating to an injury if you received the injury while at work. Expenses that are covered include:
Can a Tattoo Prove Your Innocence on Drug Charges?
If you are arrested on drug charges, such as possession of a controlled substance with the intent to deliver, the burden is on police and prosecutors to prove you did something wrong. This includes establishing your identity and presence at the crime scene - i.e. where the alleged drug transaction took place. Many criminal convictions rely solely on police officer testimony to establish a defendant's guilt.
You Have the Right to Present a Defense
It is therefore critical that the court allow the defendant to present evidence that contradicts police testimony. This can include something as seemingly trivial as a tattoo. In fact, an Illinois appeals court recently overturned a drug crimes conviction precisely because the trial judge refused to look at the defendant's tattoos.
The defendant was charged with delivery of heroin. The case was tried before a judge without a jury. At trial, the arresting officer testified that he was working undercover on the night in question. He said he purchased heroin from a man that he later identified, from a photo array, as the defendant.
Can I Refuse to Take a Chemical Test if I am Pulled Over for DUI in Illinois?
One of the most serious laws you can break when you are behind the wheel of a car is driving while you are under the influence of drugs or alcohol. If a police officer spots you while you are driving and thinks that you may be under the influence, he or she will immediately pull you over. Before the officer even walks to your vehicle, they will be assessing you and your behavior to determine whether or not you are intoxicated. They may ask you to step out of the vehicle to perform field sobriety tests. If you do not do well with them, they may request that you blow into a Breathalyzer so they can determine your blood-alcohol content (BAC) or they may arrest you and request that you complete chemical testing at the police station. Can you refuse to take that chemical test?
Implied Consent Laws
Illinois law states that any person with a state driver's license who is in actual physical control of a motor vehicle is deemed to have given their consent to have their blood, breath or other bodily substance tested to determine their BAC or whether or not there are any drugs or intoxicating compounds in their system. You do not even have to be conscious to have a chemical test performed on you because you are deemed to have already given your consent. Illinois law states that a person who is dead, unconscious or otherwise unable to refuse to perform a chemical test is not deemed to have revoked his or her consent.
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