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Illinois DUI Lawyer Blawg

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Court Discusses When Results of a Blood Test are Admissible Under the Good Faith Exception to the Fourth Amendment

The United States Constitution grants individuals the right to be free from unreasonable search and seizure. Recently, the United States Supreme Court held this right to include the right to be free from warrantless blood tests, in Birchfield v. North Dakota. The Birchfield ruling did not permanently resolve the issue…

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Wisconsin Court Rules DUI Suspect Cannot Withdraw Consent to Chemical Testing After Blood is Drawn

Following the Birchfield ruling, if a person is arrested for suspicion of DUI the arresting officer can only conduct a warrantless blood test on the person if he or she consents to the test, otherwise it constitutes an unreasonable search and seizure in violation of the 4thAmendment of the United…

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US Supreme Court to Rule on Whether an Officer Can Infer a Car is Being Driven By its Owner for Purposes of an Investigative Stop

It is axiomatic that the police are not lawfully permitted to institute a traffic stop unless they have reasonable suspicion that a law has been violated. While it is undisputed that reasonable suspicion is the burden of proof that must be met for a traffic stop to be legal, it is…

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Michigan Driving Commission Recommends Against Chemical Testing for Marijuana Based DUI Charges

Although the use of marijuana is legal in many states, drivers are still prohibited from operating a vehicle while impaired, which includes impairment due to marijuana. States across the country have struggled with the issue of how to test whether a person is under the influence of marijuana, with some…

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Massachusetts Commission Recommends Extending Open Container Law to Marijuana

In response to the legalization of marijuana in states throughout the country, some states have considered enacting laws restricting the use or possession of marijuana while in a vehicle, similar to the laws restricting the use of alcohol. For example, the Massachusetts Special Commission on Operating Under the Influence and…

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Maine Court Rejects DUI Defendant’s Gut Fermentation Defense Due to Issues with Experts

The Maine Supreme Judicial Court recently analyzed a rare defense in a DUI case: the defendant should not be found guilty due to gut fermentation syndrome. The court ultimately rejected the defense based on the defendant’s failure to produce expert testimony, but the court raised concerns regarding the effect such…

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