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Illinois DUI Lawyer Blawg

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Illinois Provides Clarification Regarding the Operation of Electric Bikes But the Law Remains Unclear Regarding the Operation of Gas Bikes

It goes without saying that in Illinois you must have a valid driver’s license to drive a vehicle. As such, if your license has been suspended or revoked, you cannot operate a motor vehicle. While you cannot drive a car without a license, you can drive a low-speed electric bicycle,…

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Florida Courts Faced with Increase in DUI Due to Intoxication by Inhalants

Police officers in Delray Beach, Florida recently responded to a car accident in which a man driving a pick-up truck collided with a minivan, resulting in the death of all four occupants of the minivan. In investigating the crash, the driver of the pick-up truck submitted to blood testing and…

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Kansas Courts Rule Computer Generated Translation Insufficient to Confer Consent

Language barriers frequently arise in every day life. While apps and websites that provide quick translations to and from English and other languages are convenient, they are not suitable for all purposes. In a recent case heard in the United States District Court of the District of Kansas, U.S. v.…

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Pennsylvania Supreme Court to Rule on Whether a Suspect’s Refusal to Submit to Testing is Admissible as Evidence of Guilt

The Supreme Court’s recent ruling in Birchfield v. North Dakota continues to affect DUI law throughout the country. The Birchfield ruling stated, among other things, that DUI suspects who refused to submit to a blood test without a warrant could not be subject to increased criminal penalties for their refusal. Last…

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Drug Related Collisions Currently More Common than Alcohol Related Collisions

Impaired drivers are a hazard of the road and cause thousands of fatal collisions each year. While alcohol has been the leading cause of impaired driving for decades, drugs recently surpassed alcohol as the leading cause of impairment in collisions involving an impaired driver. The increase in drug related collisions…

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The Automobile Exception to the 4th Amendment Does Not Permit Warrantless Entry of a Home or Curtilage to Search a Vehicle

One of the many protections afforded individuals by the United States Constitution is the Fourth Amendment protection against unreasonable search and seizure without a search warrant. There are certain exceptions to the shield provided by the Fourth Amendment, one of which is the automobile exception. Under the automobile exception, a…

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Illinois DUI Suspect Acquitted After Refusing to Take Roadside Sobriety or Breathalyzer Tests

In the ever-changing landscape of Illinois DUI law, it can be unclear what rights and protections are afforded an individual detained on suspicion of DUI. While individuals who refuse to submit to roadside sobriety testing or a Breathalyzer test face an automatic suspension of their drivers’ license, they could avoid…

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Nebraska DUI Cases Affected by Fraudulent Certification of Breathalyzer Tests

Do you know whether the machine used to administer the breath test in your DUI case was properly certified? Most states, including Illinois, have regulations to ensure the accuracy of breath test machines. If the state relies on results from an improperly certified breath test machine in prosecuting a DUI case…

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Illinois Appeals Court Holds Dog Sniff Unreasonably Prolonged Traffic Stop

The State of Illinois appealed from the lower court’s granting of three co-defendants’ motions to suppress contraband found following a dog sniff of their car. This fall, the Illinois Court of Appeals for the Second District held that the dog sniff violated the Fourth Amendment because the traffic stop was…

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Illinois Appeals Court Holds Officer Need Not Readvise DUI Defendant of Implied Consent Law Before Blood Test

After failing field sobriety tests, an Illinois defendant was arrested for DUI. At the police station, an officer read the defendant the required admonitions, and the defendant submitted to a breathalyzer test, showing his blood alcohol content was within the legal limit. Then, the officer requested that the defendant submit…

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