In the hearing to rescind a statutory summary suspension, the defendant must first present a prima facie case for rescission, then the state must overcome this by presenting evidence justifying the suspension. People v. McClure, 218 Ill.2d 375 (2006). In the rescission hearing, the question that often needs to be asked is whether the arresting … Continue reading Reasonable Grounds or a Hunch
Gullberg Law, LLC Blog
Drug Arrests at Summer Camp Music Festival
The 2016 Summer Camp Music Festival will be held at Three Sisters Park in Chillicothe, Illinois from May 27-29. This event always attracts thousands of visitors from all across the United States that travel to the Peoria area in order to hear their favorite music groups and enjoy the festival experience. However, festival-goers should be … Continue reading Drug Arrests at Summer Camp Music Festival
GERD Interference with Reliable Breath Alcohol Concentration Reading
The Effects of Residual Mouth Alcohol and Acid Reflux on Breathalyzer Results. Residual mouth alcohol is the alcohol vapor that remains in the mucous tissues of the mouth and throat after a person has been drinking. This remaining alcohol vapor can contaminate the breath sample reading registered by the breathalyzer, creating an inexact blood alcohol … Continue reading GERD Interference with Reliable Breath Alcohol Concentration Reading
The Confrontation Clause in Illinois DUI Cases
The Sixth Amendment to the United States Constitution guarantees the right for the accused to confront his accuser. This language seems straight-forward enough, but the scope and limitations of this right is ever evolving. Two Supreme Court cases appeared to be moving in a direction more favorable to defense attorneys, but a recent Illinois case … Continue reading The Confrontation Clause in Illinois DUI Cases
Is it legal to avoid DUI Roadblocks?
Avoiding Roadblocks Often, motorists will seek to avoid roadblocks for a variety of reasons. They may mistake a roadblock for a traffic accident and make a turn or a U-turn prior to reaching the “entrance.” Likewise, motorists may recognize the roadblock for what it is-a roadblock-and seek to avoid it for no reason at all. … Continue reading Is it legal to avoid DUI Roadblocks?
Reckless Driving Guide For DUI and Traffic Law Practitioners In Illinois
You are prepared to try your client’s DUI case. You are looking forward to the trial because you’ve got a good case and you are confident of a not guilty verdict. Suddenly, the State offers a plea to dismiss the DUI if your client pleads guilty to Reckless Driving. What are the consequences of the … Continue reading Reckless Driving Guide For DUI and Traffic Law Practitioners In Illinois
Slower Speeding to Become Potential Jail Time in Illinois
Driving 26 mph Over the Speed Limit Now a Class B Misdemeanor SPEEDERS BEWARE: Driving 26 mph in excess of the speed limit will now be a Class B misdemeanor in Illinois, effective January 1, 2014. The legislature amended the law to lower the cut-off speed from 31 mph to 26 mph. In the same … Continue reading Slower Speeding to Become Potential Jail Time in Illinois
Getting Your License Back – Challenging Breath Tests
Although there are serious criminal consequences of being charged with driving under the influence of alcohol, often the most punitive effect is losing your license. In Illinois this happens before you have either been convicted or acquitted of the offense of DUI. This method of losing your license is called a statutory summary suspension. and … Continue reading Getting Your License Back – Challenging Breath Tests
DUI – Challenging the Blood Draw
A Blood Draw is a “Search” Recently, the United States Supreme Court upheld the Fourth Amendment against the concept that DUI enforcement always warrants a blood draw against a person’s consent. The Court held that the mere fact that alcohol metabolizes in the body is not sufficient to do away with the Fourth Amendment’s requirement … Continue reading DUI – Challenging the Blood Draw
Getting Your License Back – Challenging an Improper Traffic Stop
If you are arrested in Illinois for driving under the influence of alcohol (DUI), your drivers license will be suspended 46 days after the date of your arrest. This is before you have been either convicted or acquitted of the offense of DUI, and it is called a statutory summary suspension. All that is required … Continue reading Getting Your License Back – Challenging an Improper Traffic Stop