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Hinsdale Illinois Criminal Defense Blog

Breathalyzer tests don't say for sure if a driver is drunk

Those who are stopped while driving on Illinois or other state roads could be asked to take a Breathalyzer test. Regardless of the result of the test, a person could be taken into custody and charged with drunk or impaired driving. It is important to note that the result of the test is not the sole piece of evidence that gets a person charged or convicted.

Instead, it is used as one component to a case against a driver. This is because alcohol is not necessarily absorbed into the bloodstream right away, which could influence the result of the test. If a person has a breath mint or has vomited before the test, it may also skew the results. Under implied consent laws, a driver must submit to a urine, blood or Breathalyzer test. Failure to do so could result in additional penalties even if the driver is not found guilty of the DUI charge.

Traffic stop leads to drug charges for Illinois man

A routine traffic stop on the afternoon of Aug. 17 led to felony drug charges for a 28-year-old Illinois man according to a report from the Evanston Police Department. detectives say that they became suspicious when they detected the odor of marijuana coming from the man's black Dodge SUV. A subsequent search of the vehicle is said to have led to the discovery of a loaded semiautomatic handgun and 23 green pills that were later determined to be MDMA, which is also known as ecstasy.

The detectives involved say that they were on a routine patrol when they observed the man's car make a turn without signaling at about 2:30 p.m. on West Howard Street in Evanston. Detectives claim to have discovered less than a gram of marijuana when they searched the man, but probable cause searches of his vehicle and female companion were more fruitful according to reports. Police say that a Sig Saur handgun was found under the driver's seat and 23 green pills were found in the woman's pockets. The man is said to have admitted to detectives that the gun and drugs were his.

Man and woman busted with 50 grams of meth

On Aug. 9, Illinois authorities arrested a man and a woman for allegedly possessing crystal methamphetamine with the intent to deliver. The arrests took place in Warren County at around 12:30 p.m.

According to the Galesburg Police Department, the defendants, a 32-year-old Monmouth man and a 23-year-old Roseville woman, were driving a vehicle on East Main Street on Aug. 8 when an officer passed them and tried to confirm that the vehicle's driver matched the registration. This prompted the driver of the vehicle to slow down and pull into the parking lot of an inn on North Public Square. The officer checked to see if the defendants were registered guests at the inn and discovered that they weren't. He then approached them and asked to search the vehicle. The male defendant reportedly declined his request. A police dog was then brought to the scene and allegedly indicated that drugs were in the vehicle. The vehicle was seized, and a search warrant was obtained the following day.

DUI charge? Your restricted driving permit eligibility

Unfortunately, after a night of drinking, you made the decision to drive while intoxicated. An Illinois court charged you with a DUI, and you are concerned as to how you will sustain yourself without a license.

In Illinois, you have the ability to apply for a restricted driving permit (RDP). If the court finds that a license suspension would bring undue hardship to your circumstances, a judge may consider you eligible for an RDP. It is essential that when dealing with license suspensions and a DUI charge, you must contact an experienced attorney that works to help you maintain certain driving privileges.

How a horizontal gaze nystagmus test helps determine impairment

Illinois drivers who are stopped for suspected DUI typically undergo a field sobriety test. In fact, these types of tests are used by law enforcement officials in every state. One of the portions of this three-part assessment of driver capabilities is what's termed a horizontal gaze nystagmus (HGN) test. HGN refers to involuntary "jerky" eye movements that tend to become exaggerated while intoxicated.

Various National Highway Traffic Safety Administration studies suggest HGN testing is a reliable indicator of alcohol impairment. However, results from an HGN evaluation are only one piece of evidence from a field sobriety test that may be questioned when an attorney puts together a DUI defense for a client. The other two parts of the test involve one-leg-stand and walk-and-turn tests. Blood alcohol concentration (BAC) is also considered.

Illinois laws set harsh penalties for drug possession cases

Drug charges can come in a variety of forms, but drug possession charges are one of more common infractions. When you are charged with possession, you are facing a difficult criminal court process and possibly some hard choices.

In order to make decisions about your case, you need to know some basic information pertaining to Illinois drug possession laws.

What is the most severe felony class in Illinois?

Being accused of felony crimes can expose a person to severe consequences. This includes the possibility of big fines, prison time and having a felony on one’s record.

It is important to note though that not all felony charges are equal here in Illinois. There are five different classes of felonies in the state. They are: Class 4, Class 3, Class 2, Class 1 and Class X. These classes vary greatly in the penalties connected to them.

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Gene Ognibene Associates

Gene Ognibene Associates
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