Gullberg Law, LLC Blog

Mixing Alcohol with Artificial Sweeteners May Make Your BAC “Artificially High”

Think about this the next time that you order a whiskey and Diet Coke: New research proposes that alcohol consumed with beverages containing artificial sweeteners, such as diet sodas, results in a higher breath-alcohol content (BAC) than if consumed with beverages containing sugar sweetener. The researchers hypothesize that the stomach takes longer to break down … Continue reading Mixing Alcohol with Artificial Sweeteners May Make Your BAC “Artificially High”

Illinois State Police: What Is Their Obligation With Video And Audio Recording For DUI and Traffic Stops?

The Illinois State Police, by statute, are required to video and audio record a vast array of different types of encounters with civilians while on the job. By June 1, 2011, all Illinois State Police cars were required to contain video and audio recording equipment for the purposes of recording most encounters that a trooper … Continue reading Illinois State Police: What Is Their Obligation With Video And Audio Recording For DUI and Traffic Stops?

What To Do When State Fails to Preserve Audio/Video

Move For a Discovery Sanction – Suppression of Evidence Is and Should Be Required When the State Fails to Retain Video In 2011 the Illinois Supreme Court decided People v. Kladis, an important case which every criminal defense attorney should know. In Kladis, an officer had arrested the defendant on a misdemeanor DUI charge. Five … Continue reading What To Do When State Fails to Preserve Audio/Video

Iowa Drivers Arrested For DUI In Illinois Face Double Trouble

A driver with an Iowa license who is charged with an Illinois DUI as the result of the failure of an Illinois evidentiary breath test – where no other extenuating circumstances are involved – will be subject to a 180-day revocation of his driving privileges in Iowa. This revocation is separate from and in addition … Continue reading Iowa Drivers Arrested For DUI In Illinois Face Double Trouble

DUI – Prolonging the Traffic Stop to Observe Evidence May Be Unlawful

Despite the apparent latitude the Illinois Supreme Court gave police with their decision in People v. Hackett,DUI defense lawyers can still look to the safeguards provided by the 4th Amendment. While Hackett facially appears to give law enforcement the ability to stop a car for even a momentary lane crossing (albeit when it happens twice), … Continue reading DUI – Prolonging the Traffic Stop to Observe Evidence May Be Unlawful

DUI TRAFFIC STOP – Illinois Supreme Court allows stop based on momentary inching across highway lane divider

DUI TRAFFIC STOP – Illinois Supreme Court decision may allow momentary inadvertent inching across highway lane divider as basis for law enforcement investigatory stop. First Paragraph: On Friday, July 6, 2012, the Illinois Supreme Court overruled the Hackett opinion of the Third District Appellate Court.People v. Hackett, 2012 IL 111781 Prior to the Supreme Court’s … Continue reading DUI TRAFFIC STOP – Illinois Supreme Court allows stop based on momentary inching across highway lane divider

Gullberg Law, LLC

Gullberg Law, LLC