Hammel Law Offices P.C.Joliet Criminal Defense Lawyer | Naperville DUI Defense Attorney2024-02-14T01:31:56Zhttps://www.hammel-law.com/feed/atom/WordPress/wp-content/uploads/sites/1502912/2022/05/cropped-hammel-site-icon-32x32.pngOn Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539892024-02-14T01:31:56Z2024-02-14T01:31:56ZWhen the driver consents
Police officers often get around the limitations on their authority by tricking or manipulating drivers and other members of the public. They ask for permission to do something that otherwise they likely could not. An officer might ask someone to submit to a breath test early in a traffic stop before they have a viable reason to compel them to undergo testing. If a driver gives their consent to testing, an officer could potentially administer it without having the justification to arrest someone or compel them to undergo the test.
When they have probable cause
Police officers begin developing a case against someone as soon as they initiate a traffic stop. They note factors like someone's appearance and their answer to questions when determining whether they have probable cause to arrest them. What someone says and how they perform on a field sobriety test, combined with their behavior in traffic, might give the officer the probable cause the law requires for them to arrest the driver. Once the officer has the necessary probable cause to arrest someone, they also have the ability to invoke the state's implied consent law.
If a police officer has the necessary probable cause to arrest someone for impaired driving, the motorist has effectively already given their consent to chemical testing. Should they refuse the test at that point, the officer could arrest them simply because they would not submit to the test. The motorist could then face secondary consequences as their impaired driving case goes through court, and they may also face charges related to the violation of the implied consent law.
Drivers who are aware of their rights and the limits on police authority are less likely to make mistakes that could lead to their prosecution, such as submitting to a test when an officer does not have any real justification to perform it. As such, learning about traffic laws in Illinois may benefit those who regularly drink and worry about facing unfair prosecution.]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539882023-11-13T14:25:33Z2023-11-13T14:25:33ZCheckpoints are theoretically legal in Illinois
People have long questioned whether checkpoints that stop every motorist are a violation of an individual's constitutional rights. The federal Supreme Court has affirmed the legality of sobriety checkpoints in the past. Any provisions against roadblocks exist on a state-by-state basis.
Illinois does not prohibit police officers from conducting checkpoints but does impose relatively strict standards on any large-scale enforcement efforts. For example, police officers have to have a specific intention, such as screening people for impairment during a high-risk time, as opposed to a desire to stop as many vehicles as possible.
They will also need to adhere to established best practices for the checkpoint to yield any prosecutable arrests. Small violations of the law can potentially affect the ability of prosecutors to use the evidence obtained during a sobriety checkpoint.
Checkpoints don't yield the most reliable evidence
There is a popular saying that every problem looks like a nail when someone has a hammer. Involvement in a sobriety checkpoint makes officers more likely to associate certain behavior with chemical intoxication than they otherwise would, especially because they want to have a high arrest rate to show that the investment of resources was worthwhile.
Frequently, those arrested at sobriety checkpoints will want to go carefully over maintenance and calibration records for breath test devices and the details of the state's evidence against them. It may be possible to question the accuracy of the evidence or provide alternate explanations that officers may have overlooked given their eagerness to arrest as many people as possible.
Learning more about the rules that apply to the most common situations that end with a DUI arrest may help drivers in Illinois safeguard against frivolous arrests and unfair criminal charges. Seeking informed legal guidance is a good way to gain this kind of clarity.]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539872023-08-12T03:41:35Z2023-08-12T03:41:35ZThere are two definitions of reckless driving
State statutes in Illinois provide two separate definitions for reckless driving, and motorists whose behaviors meet either of those definitions could very well end up facing charges. One of the definitions is arguably far more subjective than the other.
The first definition of reckless driving is the decision to operate a motor vehicle in a way that someone knows is dangerous for themselves or others. Examples of this type of reckless driving may include drag racing, excessive speeding or driving the wrong way on a one-way street. During a traffic stop, the officer's perspective on the situation can be the determining factor regarding whether someone simply has a ticket to pay or will face a reckless driving charge.
The second definition of reckless driving is not subjective but highly specific. Any time a motorist intentionally speeds up or drives over certain objects to make their vehicle airborne, that constitutes reckless driving. If the wheels of a vehicle leave the ground because of the actions taken by the motorist, any police officer who witnesses that could potentially arrest that individual for recklessness at the wheel.
Drivers who fight back can minimize penalties
Properly responding to reckless driving charges can make all the difference for those worried about their insurance rates and ability to pass a background check. The specific circumstances that led to someone's arrest or prosecution will influence the best defense strategy in their case. Establishing, for example, that there was a justification for why someone performed a maneuver that may have looked reckless from the outside, could be enough to avoid a reckless driving conviction if the offense relates to the first definition enshrined in state law. Learning more about Illinois state statutes is often an important starting point for those who want to avoid a conviction after an arrest for a major traffic offense.
]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539752023-05-05T14:58:46Z2023-05-05T14:52:59ZIf the state charged you with a crime, however, you must be very careful on social media. It is best to refrain from using these platforms completely until your case in resolved.
Using information against you
The prosecutor assigned to your case has the responsibility of building a case against you. Part of this means gathering as much evidence and information about you as possible so they can create a picture of you that is consistent with their accusations.
Anything you do or post on social media is up for interpretation and a prosecutor can misinterpret or twist facts to suit their theory. Prosecutors can and do look for information about you in social media, so if you can suspend your accounts during this time, it is best to do so.
Your personal information
In addition, you do not want the prosecutor to know who your connections are or who you spend your time with or any other personal information that is irrelevant to the case.
Often, however, if available online, they can use this information against the defendant (in this case, you) to strengthen their case against you.
Everybody makes mistakes and whether the state charged you with a DUI or DWI or something similar, you have rights. Let your attorney handle the case with the prosecution and in the meantime, try to stay off internet platforms.
]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539632023-02-12T18:49:15Z2023-02-12T18:49:15Zeverything you say can (and most definitely will) be used against you. Some people don’t realize that this includes things said during the traffic stop but before any arrest has been made or they’ve been given their Miranda Warning.
Here are the most common verbal blunders people make – and what you need to remember not to say if you find yourself in that situation:
“I only had a single drink.”
Maybe you really did just have half a beer or a glass of wine with dinner, and you know you aren’t impaired – but the officer isn’t going to believe that. Worse, you’ve just openly admitted to having alcohol in your system, which will likely justify a blood alcohol content test and further investigation.
“I think my cold medication is making me tired.”
You may think this is a reasonable explanation for why you may have weaved a little in the road or bumped a curb, and you probably expect the officer to be understanding and let you go – but that’s not what’s likely to happen. Under the law, it doesn’t matter if the drug that’s leaving you impaired is a simple allergy pill, a shot of DayQuil or something you obtained illegally. Drugged driving is still drugged driving.
“I can prove I’m sober.”
This is usually in response to an officer’s suggestion that you take a roadside sobriety test, like the one-legged stand test or the walk-and-turn test. These tests rely on an officer’s subjective judgment, and they’re not required – so don’t let yourself be goaded into trying to prove anything. Just politely decline and wait to see if the officer thinks they justify any further investigation.
If you are arrested for a DUI, don’t panic. As scary as the situation may be, officers make mistakes all the time – and there are defenses available to you.]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539622022-11-09T20:22:11Z2022-11-09T20:22:11ZWhen they have probable cause
Police officers have to respect your privacy unless they have reason to suspect that you committed a crime or that there is a crime in progress. Probable cause is a legal term for the reasonable suspicion of criminal activity.
There has to be more than just a feeling. An officer needs to see, hear or smell something that indicates some kind of crime has occurred. Smelling illegal drugs or alcohol on someone's breath could be probable cause, as could spotting something that looks like an unsecured weapon in the backseat of a vehicle as the officer approaches. If they don't have probable cause, when can the officer still search your vehicle?
When you give them permission
A surprising number of people voluntarily give up their own rights and protections during an interaction with law enforcement professionals. A police officer will casually ask if they can look through the vehicle, and the driver will automatically agree. They believe their cooperation will speed up the internet and reduce their risk of getting arrested.
However, officers often find things people don't even know are in their vehicles. If you have had other people in your vehicle, you never know for sure what a police officer might find. If they don't have your permission and they don't have probable cause, then an officer will only be able to search your vehicle if they go to a judge and get a warrant, possibly after arresting you.
If you understand when an officer has the right to search your vehicle, it will be easier for you to stand up for yourself during a stressful traffic stop. Learning your rights helps reduce your risk of unfairly facing criminal charges.]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539482022-08-15T19:23:14Z2022-08-15T19:23:14ZWhat is aggravated speeding in Illinois?
Anyone driving at a speed faster than the posted limit on a street violates state laws. Those who drive inappropriately given road conditions, like those who don't slow down during major weather events, may also technically commit a speeding infraction by driving too fast given the circumstances. Anyone whose speed isn't under the limit and reasonable may face, at the very least, a ticket of $120 and points added to their driving record.
Aggravated speeding, at its most basic definition, involves traveling at 35 miles per hour (mph) or more over the posted limit. Aggravated speeding is not a civil infraction that leads to a costly ticket. It is a misdemeanor criminal offense that can lead to up to 12 months in jail and $2,500 in fines. You may have to go to court and will have a criminal record, not just more points on your license.
Speeding issues aren't always black and white matters
Even if you might pay a traffic ticket despite the consequences of doing so, you may feel more strongly about defending yourself when you will have a misdemeanor on your record if you plead guilty. Although people often feel like traffic offenses are hard to fight, there may be a viable strategy available if you evaluate the evidence against you carefully.
Making sense of Illinois's traffic laws will help you prepare to protect your clean criminal record after accusations of aggravated speeding.
]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=2539492022-05-05T18:58:57Z2022-05-05T18:58:57ZThe fine and fees are only part of the price
Illinois fines are expensive but not prohibitively so. The average driver might think that paying for a defense attorney over those fines would mean a financial net loss. Although the fines and fees for a basic speed-related traffic ticket will usually be under $200, those direct costs are only part of the financial impact of the citation.
The points that the ticket adds to your license will also increase how much you pay for your motor vehicle insurance policy. The average 40-year-old driver will see their annual policy costs for a full-coverage policy increase by $320. That will add up to nearly $1,000 in extra costs for the same coverage you had before the ticket.
Fighting a ticket often requires professional help
An attorney familiar with Illinois traffic laws and traffic ticket defense can help you defend yourself and your driving record. What you pay for their representation may be less than what you stand to lose if you pay the ticket. Additionally, you simply cannot put a price on the vindication that comes from fighting back against claims that you broke the law and the winnings.
Just paying a traffic ticket and absorbing not just the cost of the ticket but also multiple years of increased insurance costs is not the best response to a traffic ticket. Fighting traffic tickets in court is the best way to reduce the long-term consequences of that ticket on your life.
]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=468392022-02-11T18:24:05Z2022-02-11T18:24:05ZThey need probable cause for chemical testing
Implied consent laws give police officers the right to require a chemical breath test from any driver for whom they have probable cause to suspect impaired driving. Without an admission of prior alcohol consumption or obvious signs of impairment before the traffic stop, an officer needs to establish probable cause to legitimize their demands for chemical testing.
Your performance on a field sobriety test may give a police officer the justification they need to request a chemical breath test or arrest you. By testing your balance, memory or even your unconscious muscle spasms, an officer can establish probable cause for a chemical testing request.
Are field sobriety tests infallible?
The idea that a police officer can tell from a few moments of physical activity whether or not you are under the influence of alcohol may seem quite suspect. There is science to back the different tests that police officers perform. However, there can be multiple alternative explanations for someone's subpar performance on a field sobriety test.
In some cases, you may have a medical diagnosis that explains your poor performance on a field sobriety test. Conditions ranging from joint issues to anxiety can affect how you perform in a stressful situation. An officer's biases can also affect the accuracy of test results. They expect to see signs of impairment, and those expectations will influence their interpretation of your performance.]]>On Behalf of Hammel Law Officeshttps://www.hammel-law.com/?p=468382021-11-09T20:15:08Z2021-11-09T20:15:08Zpoints-based system that will affect your insurance. The points-based system may also lead to the loss of your license once you collect too many.
Depending on the violation, you may have many points added to your license. If you commit three or more offenses in a 12-month period, then you could have your license revoked or suspended. Whether it’s suspended or revoked will depend on how many points you’ve accrued.
What are the point penalties for driving offenses?
There are dozens of traffic violations that could lead to you having points on your license. For example, the following violations lead to 10 points on your license:
Failure to obey lawful order or authorized officer
Violation of GDL – passenger limitation for drivers under the age of 18
Operating a motor vehicle with registration covers
Speeding too quickly for the conditions
There are other offenses that may result in more than 10 points, such as:
Failing to stop to exchange information or render aid after a collision (personal injury or death involved) – 50 points
Disregarding traffic-control light – 20 points
Speeding 15 to 25 mph over the limit – 20 points
There are some offenses that will lead to only five points and others that will lead to 55. If you’re cited for a violation, make sure you understand what that violation is and how it may affect your license. For example, if you were speeding 15 mph over the limit and can get that dropped to 14, you will prevent five additional points from being added to your record.
The points system is unique in Illinois, but it can still lead to serious problems for you. Your insurance rates may increase, and multiple offenses may lead to the loss of your license. It’s always a good idea to defend yourself so that you can reduce the likelihood of serious penalties.]]>