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Articles Posted in DUI

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Can My Car be Seized Following the DUI Arrest of Another Driver in Illinois?

A person convicted of a DUI offense can face significant criminal and civil penalties, such as fines, incarceration, and the loss of driving privileges. Shockingly, if a person’s vehicle is used in the commission of a DUI offense, it may result in the loss of the vehicle as well, even…

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Would an Illinois Court Strike Marijuana-Related Probation Conditions?

Typically, when a person who has been convicted of a crime is sentenced to probation, the sentencing court will impose certain conditions on the probation, in part to prevent the defendant from engaging in criminal activity. The court does not have boundless discretion with regards to what conditions it may…

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Could Abuse of Officer Incentive Programs Result in Inflated DUI Arrest Statistics in Illinois?

In many states, police departments create incentive programs that award officers who arrest the highest number of people for DUI offenses. While such programs are likely meant to encourage thorough and vigilant investigations, they can lead to unwarranted arrests and unlawful activity. Recent events in Maryland highlight the dangers of…

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Coronavirus Results in Decreased DUI Rates Across the Country, Illinois Law Enforcement Remain on Alert for Intoxicated Motorists

The coronavirus pandemic has altered life as we know it in many ways, including changing the way we work and socialize. While some effects of the pandemic were foreseeable, others were arguably unexpected. For example, as shown by a recent article regarding DUI arrests in Santa Clarita Valley, the rates…

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It Could Happen Here, Too – Allegations of Prosecutorial Misconduct in DUI Cases Outside of Illinois

In criminal cases throughout the country, the prosecution bears the burden of proving that the defendant committed the charged offense. Thus, the prosecution will typically conduct an investigation and engage in discovery to obtain any evidence that would imply or prove the defendant’s guilt. If the prosecution uncovers evidence that…

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How Might Legislation Making the Installation of Devices Designed to Prevent DUI Mandatory in All Cars Affect People in Illinois?

In cases in which a person is convicted of a DUI charge, the sentencing court will require the person to mount an ignition interlock device in his or her car. Ignition interlock devices and other devices that aim to restrict drivers from driving while intoxicated typically are reserved for instances…

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How Might an Illinois Court Rule on Whether Anonymous Tips are Sufficient to Stop a Person for Suspicion of DUI?

It is not uncommon for a person that observes someone driving erratically to call 911 to report reckless driving. If a police officer stops a driver based on an anonymous tip, however, and the driver is subsequently charged with DUI, an issue often arises regarding whether a 911 call in…

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Could Courts Deem a Hunch Insufficient Grounds for Reasonable Suspicion of DUI in Illinois?

One of the tenets of DUI law throughout the country is that the police must have reasonable suspicion that a person operating a vehicle committed a crime or violated a traffic law prior to effectuating a traffic stop. Thus, if an officer lacks sufficient grounds to stop a motorist, any…

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Illinois Secretary of State Answers Questions Regarding COVID-19’s Effect on Driver Rights

The COVID-19 pandemic continues to affect many aspects of life throughout the state and country, including driver’s rights. Many people have questions regarding how to renew their license or registration, upcoming hearings, and the removal of ignition interlock devices, and are faced with multiple conflicting sources of information. Fortunately, however,…

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Court Rules the Smell of Marijuana is Insufficient Grounds for Stop and Search of a Vehicle

As marijuana use becomes increasingly legal throughout the country, legislatures and courts are slowly establishing laws, further defining and limiting its use. For example, an issue that keeps arising is whether the smell of marijuana emanating from a car provides probable cause for the police to believe the driver of…

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