My Dog Was Driving Drunk Officer

While there can be several defenses to driving under the influence of alcohol, alleging that your dog was driving drunk, is not one of them. A driver out of Colorado switched places with his dog, placing the dog in the driver's seat, while he exited out of the passenger side door of his car. "I wasn't driving officer, the dog was". It should be noted that the defense of not driving a vehicle or being in actual physical control of a vehicle, is in fact a valid defense. However, just like when you told your teacher that your dog ate your homework; telling the officer that your dog was the one actually driving will result in the same outcome. No one will believe you.

What are Valid Defenses to Driving Under the Influence of Alcohol

While there can be many defenses to Driving Under the Influence of Alcohol (DUI), below is a list of the most common ones:

It has often been observed that one never gets a second chance to make a first impression. When you walk into an arraignment, you will be engaging in your opportunity to make a solid first impression on the judge assigned to your case.

If you are facing criminal charges for driving under the influence (DUI), assault, battery, drug possession, or a violent felony offense such as manslaughter, preparing for your day in court is essential.

When an individual is arrested due to a law enforcement officer’s suspicion that they have been driving under the influence (DUI) of alcohol or other substances, the main issue at hand is whether a motorist was, indeed, impaired while operating their vehicle. However, there may also be so-called “aggravating factors” at play that could significantly influence the outcome of a defendant’s DUI case.

Aggravating factors are aspects of a defendant’s situation that increase the severity of the alleged offense. For example, in Illinois, having a minor in one’s vehicle at the time of a DUI arrest is an aggravating factor. As a result, those who are convicted of a DUI with a minor in the car will face more severe penalties than those who committed the exact same DUI offense without a minor passenger in their vehicles at the time of their arrest.

Throughout American history, the Supreme Court has handed down cases that are widely characterized as “landmark” decisions because their legal, historical, and/or cultural significance is undeniable.

These cases have helped to shape the American experience both for the better and, in some instances, for the worse. One landmark case that is well known among legal scholars but receives less attention than many cases that focus on broader shifts in culture and society is Gideon v. Wainwright. It was in this case that the Supreme Court acknowledged, with regard to criminal defendants in felony matters, that access to professional legal representation is a Constitutional right. In its decision, the Court observed that:

If you are like most Americans, you spend a considerable fraction of your life online. At least one social media platform is also statistically likely to be among the many password-protected accounts you log onto regularly. There is nothing wrong with using social media to connect with loved ones, speak out about issues you care about, and seek like-minded enthusiasts who share your passions. However, if you have recently been charged with criminal wrongdoing, it is important to take great care when interacting with social media or refrain from using social media platforms until your case is resolved.

The Dangers of Social Media for Criminal Defendants

Many people believe that cash bail systems disproportionately affect certain groups of people and have the potential to harm communities as a whole. As a result of these concerns, Illinois was set to become the first state in the U.S. to completely eliminate cash bail for criminal defendants on January 1, 2023. However, a legal challenge to that policy shift means that the fate of the state’s cash-bail prohibition is now in limbo.

What the Future May Hold

Most people assume that firearms are the only weapons subject to special rules and regulations. However, this is not the case. In Illinois, knives are also subject to certain legal restrictions. Unfortunately, many well-meaning individuals find themselves in trouble for carrying a weapon they did not know was illegal. If you or a loved one have been arrested for unlawful use of a weapon or another weapon-related offense, make sure to contact an experienced criminal defense lawyer for help.

Knife Laws in Illinois

In most circumstances, ballistic knives, automatic knives, and throwing stars are illegal. However, legislation passed in 2017 made it legal for certain individuals to possess switchblades. A switchblade is defined as a knife with a blade that can be opened automatically by the press of a button, spring pressure, or another mechanical device.

According to Illinois law, you are permitted to carry a switchblade if:

Illinois drunk driving arrests often begin with a traffic stop. The officer pulls a driver over for suspicion of drunk driving or a traffic violation based on the officer’s observation. The officer may then ask the driver to take a breath alcohol test or perform a series of field sobriety tests. If the results of these tests indicate intoxicated driving, the driver is arrested for DUI.

However, many people are unsure of the line between their rights and police officers' authority. Can a police pull you over for any reason? Do officers have to see evidence of drunk driving, such as drifting between lanes, to arrest someone for DUI? What if a police officer has no valid reason for conducting a traffic stop in the first place?

Understanding the Legal Concept of Reasonable Suspicion

Although the terms are sometimes used interchangeably by laypersons, "probable cause" and "reasonable suspicion" are two different legal standards. Reasonable suspicion is required for a police officer to pull someone over, while probable cause is necessary for an arrest or a search of a vehicle.

Although the terms theft, burglary, and robbery are sometimes used interchangeably in casual conversation, these are three different criminal offenses under Illinois law. A burglary occurs when someone enters a property with the intent to steal something or commit another felony criminal offense.

If you or a loved one were accused of burglary, a skilled trial attorney can help. You could be facing life-changing consequences, including significant jail time and you will want to have a trial attorney versed in these types of offenses by your side.

Potential Consequences of a Burglary Charge

Burglary is considered a very serious offense in Illinois. The penalties associated with the offense depend on the type of property that was entered. At a minimum, burglary is a Class 3 felony punishable by up to five years behind bars and steep fines. Most of the time, burglary is considered a Class 2 felony, which carries a prison sentence of three to seven years. If the alleged burglary took place in a home, church or other place of worship, school, or daycare, the charge could become a Class 1 felony with a prison term of four to 15 years.

When an argument or other conflict escalates to physical violence, it can be hard for police officers to understand exactly what happened. Often, anyone involved in the altercation is arrested. Arrests typically happen after an officer makes a quick decision on scene as to the so called aggressor in the fight. This can lead to an individual to be charged with assault or battery even if they didn’t start the fight.

If you or a loved one ended up in handcuffs after acting in self-defense, you may understandably be frustrated and unsure of what to do next. Contacting an experienced Will County criminal defense attorney as soon as possible can assist in your case.

Steps to Take If You Were Accused of Harming Someone Else in a Fight

Criminal defendants have important rights and asserting these rights is often the difference between an acquittal or dismissal and a guilty verdict. Police officers will likely ask questions about the altercation and the circumstances leading up to the fight. It is important to relay that you acted in self-defense. Getting into the weeds with multiple officers regarding the events can lead to confusion as to what actually happened and potentially lead to your arrest. Speaking to a defense attorney prior to giving a full or even a recorded statement on the events allows a coherent and direct statement to be presented. If you have already been charged or the police want you to participate further in their investigation, it is important you reach out to a criminal defense attorney as soon as possible.

In Illinois, drug crimes such as cocaine possession are aggressively prosecuted offenses that carry substantial penalties and fines. Today, we will discuss everything you need to know about cocaine possession charges, including penalties, what someone should do if they are ever charged with such a crime, and how a criminal defense lawyer can help you.

Penalties for Cocaine Possession

Cocaine possession in Illinois is almost always prosecuted as a felony offense. This means that if you are convicted, you will likely be facing jail time and fines. In Illinois, any amount of cocaine is considered a Class 4 Felony, which can land the accused in prison for 1-3 years. However, selling less than a gram of cocaine is a Class 2 felony and can land you in prison for 3-7 years.

Greater quantities of cocaine possession are punished even more harshly. Possession of 15-100 grams of cocaine is punishable by a maximum prison sentence of 15 years. Possession of 100-400 grams of cocaine is punishable by a maximum prison sentence of 30 years. Anything between 400 and 900 grams can result in prison for eight to 40 years. And finally, any amount of cocaine possession over 900 grams will likely constitute evidence of a more extensive drug operation network and, thus, may result in 10 to 50 years in prison. In addition, the fines associated with cocaine possession will likely reflect the street value of the substances involved. Fines max out at $200,000.

Driving under the influence (DUI) is a serious offense regardless of the circumstances. However, the stakes are higher if this is your second DUI arrest. If you or a loved one were arrested for drunk driving for a second time, make sure to work with an experienced DUI defense lawyer.

License Suspension for Second DUI

If you took and failed a breath alcohol test or blood alcohol test, your driver’s license will be suspended the 46th day from the date of your arrest and your suspension can rage from 6 months to 1 year. However, if this is a second DUI arrest, your license could be suspended for up to 3 years if your previous DUI was within the last 5 years of arrest.

Generally, a second DUI conviction is a class A misdemeanor and carries the following penalties if found guilty:

Juvenile crime is a complex issue that affects not only the young defendants but also their families and communities. Today, we will discuss crimes juveniles are often accused of, police interrogation rules for juveniles, and common questions regarding juvenile crime. If your son or daughter has been charged with a crime, do not hesitate to contact a juvenile criminal defense attorney.

Illinois Juvenile Justice System

Juvenile crimes are usually handled in a separate justice system, as it is generally recognized that young people have a greater capacity for change and rehabilitation. In Illinois, the juvenile justice system aims to provide rehabilitative services and interventions to help young offenders get back on track and prevent future criminal behavior. In addition, the system strongly emphasizes the child's best interests, recognizing that children and adolescents have unique needs and vulnerabilities.

Some of the most common crimes that juveniles are charged with include:

Are you facing charges of driving under the influence of drugs? You are not alone. Nearly 44 percent of drivers in fatal crashes have tested positive for drugs and in some cases, drivers were under the influence of more than one drug. It does not matter if the drugs were prescribed or illegal, you could face serious legal consequences if you are convicted.

How Drugs Interfere with Your Ability to Drive

Drugs such as marijuana, opioids, cocaine, and prescription drugs have a profound effect on a person’s brain. These are some ways in which driving under the influence of drugs can interfere with a person’s ability to drive:

Drivers all over the state of Illinois are regularly stopped for all kinds of alleged traffic violations with the most common being speeding. Illinois drivers need to understand that the issuance of traffic tickets are never the final word, and you always have the right to fight your ticket in court.

Many people assume that criminal defense lawyers only help when someone has been accused of a serious crime. However, a criminal defense lawyer experienced in traffic violation defense cases might be able get your ticket dismissed or lower the fines and penalties. This will result in fewer points of your driver’s license. Speeding is certainly the most common kind of traffic offense for which people are ticketed in Illinois, but there are many other types of tickets for which legal representation could make an enormous difference in the outcome.

How Illinois Handles Traffic Tickets

Many people who are arrested for driving under the influence (DUI) in Illinois automatically assume that their guilt has been proven and they will be convicted. The truth is that most clients are able to successfully fight their DUI charges.

When a person is arrested for any kind of alleged DUI offense, it is important to get an experienced criminal defense attorney involved in the case as soon as possible. There are a variety of defenses a person may be able to use depending on their situation. Here are some of the ways to contest your DUI charge in Illinois.

Possible Defenses Against DUI Charges

While jail sentences and convictions are usually two of the foremost concerns of driving under the influence (DUI) offenders in Illinois, the loss of driving privileges can be an issue that causes many additional problems for people. It is important for people to understand that the State of Illinois can take two different actions with a driver’s license, revocation or suspension.

A suspension is a far more lenient punishment because a person only loses driving privileges for a specific period of time and the license becomes reactivated as soon as a person pays their license reinstatement fee. Revocation is another matter entirely because, after the period of revocation ends, a person still cannot drive until they first attend a hearing with the Illinois Secretary or State to seek license reinstatement.

Seeking Reinstatement of Driving Privileges

While most first-time arrests for driving under the influence (DUI) in Illinois are misdemeanor offenses, drivers need be aware that there are situations in which aggravating factors could allow for prosecutors to seek felony charges for drunk driving. Felony DUI cases are always more severe than misdemeanor cases because defendants will be facing much stricter penalties and punishments if convicted.

One of the most common reasons for felony DUI charges are repeat DUI offenses. Subsequent DUI charges are felonies when a person has at least two prior DUIs. Any kind of felony conviction can damage long-term prospects on a person’s ability to obtain employment, federal benefits, or college admissions.

Felony DUI Charges in Illinois

If you make your living as a commercial truck driver, getting arrested for driving under the influence of alcohol can put your commercial driving license or CDL in jeopardy. The same applies if you are a delivery driver or a bus driver. You need to act quickly and fight your DUI from the get-go. A DUI defense attorney can help you mount a strong defense to try to protect your livelihood.

Legal Alcohol Limit for CDL Holders

Getting a CDL is harder than getting your typical driver’s license. That is why the rules of the road are stricter for commercial drivers. The Federal Motor Carrier Safety Administration holds truck drivers to a higher standard. The legal limit for blood alcohol concentration or BAC is 0.08 percent for most drivers. For a CDL driver, the legal limit is just .04 percent. The same is true for commercial truck drivers across the nation. These drivers spend significantly more time on the roads and highways compared to other people and they often transport passengers or hazardous materials, so the law is stricter for them.

Implied Consent Law

In Illinois we have what is called an Implied Consent Law. When you first applied for a driver's license, you implied your consent to various requirements of the law. One of those requirements you consented to is blood alcohol testing (BAC). You should know that you can choose not to submit to BAC testing during or after a DUI stop. The maximum suspension you could receive is 3 years, depending on your background.

You do not have to agree to field sobriety testing or the breath test during a DUI stop. It is a guarantee, however, that the police will pressure you to complete these tests. There are some situations, however, where the police can obtain a warrant from a judge to force you to take a blood test in order to determine your BAC. This typically happens in cases of car accidents where great bodily harm occurred to another driver. In those limited instances, you can be forced to submit to a blood test even if you have refused to give consent. Knowing your rights in advance of a DUI stop is vital if you end up facing DUI charges.