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Aurora, IL drug lawyer

Throughout the U.S., the number of states with either legalized medical or recreational marijuana, or both, is on the rise. With that comes an increase in incidents of driving while under the influence of cannabis and more focus from law enforcement on busting impaired drivers. If you have been charged with driving under the influence of drugs, it is critical you enlist the help of an experienced criminal defense lawyer immediately. 

Drugged Driving in Illinois 

Here in the state of Illinois, medical marijuana is legal for approved applicants under the Compassionate Use of Medical Cannabis Pilot Program Act, signed in 2013. Since the induction of the program, the Illinois Department of Public Health (IDPH) has approved over 42,000 applicants for legal consumption of marijuana for medicinal purposes. Driving under the influence of marijuana though can come with significant criminal punishment, whether you are a legal medical marijuana cardholder or not.

If a police officer has reasonable cause to believe you may be under the influence of marijuana, they are permitted to submit you to chemical testing. If you refuse the chemical test, you will face an automatic 12-month license suspension. Failing a chemical test results in a six-month license suspension. A chemical test that finds 5 nanograms or more of THC per milliliter of whole blood results in a failed test, or 10 nanograms of THC found in another bodily substance. 

Even if a person has a medical marijuana card, they will face the consequences of a DUI charge, in the same manner as a drunk driver. According to Illinois state law, a first-time DUI conviction constitutes a Class A misdemeanor, with up to one year in jail, a year of revoked driving privileges, and fines up to $2,500. Subsequent DUI convictions result in longer license revocation periods and significant jail time. 

Anyone without a medical marijuana card who is pulled over for DUI and has marijuana in their vehicle can also face a drug possession charge, the severity of which depends on the amount seized by police. 

Contact an Elgin, IL Drug DUI Lawyer 

If you have been charged with driving under the influence of marijuana, Attorney Brian J. Mirandola is prepared to fight on your behalf in the pursuit of the best possible legal outcome. Attorney Mirandola will aim to help you retain your driving privileges and keep a conviction off your record. To schedule a free initial consultation with a skilled Kane County criminal defense attorney, call us at 847-488-0889. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/home.html

https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/05/31/drugged-driving-deaths-spike-with-spread-of-legal-marijuana-opioid-abuse

https://www.iwu.edu/counseling/Illinois_Drug_Laws.htm

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Posted on in DUI

Kane County aggravated DUI lawyer

Here in the state of Illinois, law enforcement is always on the lookout for drunk drivers. According to the Illinois Secretary of State’s Office, police made 27,046 DUI arrests in 2017 alone. According to Illinois state law, there are a number of factors that can cause a DUI to be elevated from a misdemeanor to a felony. In these cases, the DUI becomes an aggravated DUI

What Constitutes an Aggravated DUI? 

In the vast majority of cases, a DUI is charged as a misdemeanor. When aggravating factors justify the DUI to be designated as a felony, the legal ramifications can be substantial. This includes mandatory jail time to the loss of driving privileges for as long as a decade.

Third or Subsequent DUI Conviction

One of the most common aggravating factors is a third DUI conviction. Here in the state of Illinois, this constitutes a Class 2 felony. If convicted, the offender could face up to seven years in prison. In the event of a third DUI, the court may decide you are no longer capable of driving with a standard driver’s license and suspend it for up to 10 years. At that point, you can obtain a Restricted Driving Permit (RDP). If you can adhere to the rules and regulations of an RDP, for five consecutive years, you may be able to apply for full license reinstatement. 

DUI with Bodily Harm

If you are arrested for DUI charges after a collision that caused a person to become physically disabled or disfigured, you are likely to face a Class 4 felony charge. In these instances, the judge may decide to institute prison time as punishment, which may include a minimum sentence of one year. If a person is fatally injured, you could face a Class 2 felony, with a minimum three-year sentence and subsequent two-year license revocation.

Other Aggravating Factors

These include being charged with a DUI while transporting a minor, and driving under the influence of alcohol with a revoked or suspended license. Other possible aggravating factors include driving an uninsured vehicle, driving drunk in a school zone during school hours or while driving a vehicle-for-hire. 

Contact an Elgin, IL DUI Defense Lawyer 

After being arrested on DUI charges, it is important to act quickly. A conviction can ultimately result in heavy fines and potential jail time. Fortunately, a qualified defense lawyer can provide a defense strategy to secure the best possible outcome for you and your family. Attorney Brian J. Mirandola will examine your case and assist you throughout the legal process. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, contact us today at 847-488-0889. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Posted on in DUI

Aurora, IL DUI lawyer

Here in the state of Illinois, law enforcement is constantly on the lookout for drunk drivers. According to the Illinois Secretary of State’s office, more than 27,000 people were arrested on DUI charges in 2017 alone. A DUI conviction can come with serious legal ramifications and should not be taken lightly. 

Once you have been pulled over by a police officer, it is important to understand how your actions can impact your case. In the event of an arrest, contact an experienced DUI lawyer as soon as possible. 

Illinois DUI Stops

If you are driving, and you see a law enforcement officer turn their lights on behind you, it is important to follow basic safety procedures. Do not stop in the middle of the road, simply slow your vehicle and find a safe place to pull over. Do not pull over on a bridge, next to a guardrail, or on a sharp curve. Once you have come to a complete stop in a safe location, it is important to remain calm. 

As the officer approaches your vehicle, keep both hands on the steering wheel and remain seated. If the officer requests your license and registration, comply as requested. If the officer has reason to suspect you are driving while under the influence of alcohol or drugs, they will likely request a field sobriety test. 

In the state of Illinois, implied consent laws state you will agree to blood-alcohol content (BAC) testing. Despite the implied consent, it is not a crime to refuse chemical testing. That said, if you decline, you will face an automatic 12-month license suspension. 

If you submit to testing and the officer deems you are driving under the influence, you will be taken to the police station and charged with a DUI. 

License Suspension and Revocation

Once you have been charged, it is important to seek skilled legal guidance. A first-time DUI conviction constitutes a Class A misdemeanor, which can result in up to one year in jail and fines of $2,500. A first-time DUI offender also receives a 12-month driver’s license suspension. Subsequent DUI convictions come with harsher punishments. A second DUI conviction results in a five-year suspension. If you are convicted of a third DUI, you may face a license revocation period of 10 years, while a fourth conviction constitutes a lifetime revocation of driving privileges. 

Contact an Elgin, IL DUI Lawyer

With years of experience serving the state of Illinois, Attorney Brian J. Mirandola is prepared to aggressively represent you to keep a DUI conviction off your record and preserve your ability to drive as needed. Do not wait any longer. It is critical to work with a skilled legal team immediately. To schedule a free consultation with a knowledgeable Kane County criminal defense attorney, call us today at 847-488-0889. 

Sources

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

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Posted on in DUI

Elgin, IL DUI Lawyer

Every year, more than a million Americans are arrested on DUI charges. According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were arrested for driving under the influence of drugs or alcohol in 2017. If you have been arrested on DUI charges, it is important to understand the potential ramifications of a conviction and contact a legal team you can believe in. 

DUI Conviction Consequences

According to Illinois law, a person can be convicted of a DUI for operating a vehicle with a blood-alcohol concentration (BAC) at or above .08, or with a marijuana tetrahydrocannabinol (THC) concentration of five nanograms or more. Even a first-time DUI conviction can come with serious legal consequences here in Illinois. A first DUI conviction is classified as a Class A misdemeanor in Illinois and can lead to as much as one year in prison and up to $2,500 in fines. 

While a second DUI conviction is also a Class A misdemeanor and comes with the same level of fines and potential jail time, a second conviction can result in license revocation. It is important to note that a second DUI conviction can be upgraded to a Class 4 felony if it involves a collision that causes severe injury to another traveler, if the driver has a previous reckless homicide charge, or if the driver did not have a valid driver’s license. If the driver was traveling with a minor, the charges could be upgraded to a Class 2 felony, and bring up to seven years in prison. 

Any subsequent DUI convictions are classified as aggravated DUI and a Class 2 felony. These convictions can lead to fines up to $25,000 and substantial jail time. Also, new Illinois state law declares if a DUI defendant was driving their vehicle the wrong way on a one-way street, the charges are automatically defined as aggravated DUI, regardless of the number of previous convictions. 

Contact a Kane County DUI Attorney

Here in Illinois, 86 percent of drivers arrested on DUI charges in 2017 were first-time offenders. At The Law Office of Brian J. Mirandola, we will fight for you and your driving privileges. One mistake should not severely impact your ability to work and take care of your family. To schedule a free consultation with an Elgin, IL criminal defense attorney, call us today at 847-488-0889. 

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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walk, Kane County DUI defense attorneyFor most people, walking several steps in a straight line then turning around and walking back is about as simple an action as there is. Doing so, of course, may be considerably more difficult for those who have been drinking. That is why the National Highway Traffic Safety Administration has recognized the "Walk-and-Turn" as one of the three assessments that comprise the standardized field sobriety tests (SFSTs) used by law enforcement nationwide.

In a recent post on this blog, we talked about the first test of the series—the horizontal gaze nystagmus (HGN). The walk-and-turn is the second test, and the third is the one-leg stand, which will be covered in the near future. Each test was selected to allow officers on the scene to observe a subject’s reflexes and involuntary responses, giving the officer the basis on which to suspect whether a driver is impaired.

Test 2: The Walk-and-Turn

There are two distinct phases of the walk-and-turn test. The first is the instruction phase, during which the officer asks the subject to stand heel-to-toe with his or her arms downs and at the side of the body. The officer explains the test and demonstrates how it should be performed. Before allowing the subject to begin, the officer will confirm that the subject understands the instructions. Then the second phase—the performance phase—begins.

During the test, the subject must walk nine steps, heel to toe, along a straight line—either painted on the ground or imaginary. The subject must then pivot 180 degrees and take nine steps back. Throughout the duration of the test, the subject’s arms must remain at his or her side while he or she watches his or feet and counts the steps aloud.

While watching the subject, the officer will be looking for certain indicators that suggest impairment. These include:

  • Starting to walk before the instructions are complete;
  • Stopping or raising the arms to regain balance;
  • Takes the wrong number of steps or loses count; and
  • Stepping off the line or not walking heel to toe.

Accuracy Concerns

When properly administered, the walk-and-turn test is accurate in predicting impairment between 66 and 79 percent of the time, depending on which studies one believes. Regardless of the number, the larger point is that the test does produce false positives. Many individuals suffer from conditions that affect their balance and gait, making a straight-line, heel-to-toe walk fairly difficult, if not impossible. With that in mind, it may be possible to challenge the results of the walk-and-turn—and the other SFSTs—with the help of your attorney.

If you have been charged with driving under the influence (DUI), contact an experienced Kane County criminal defense attorney for guidance. Call 847-488-0889 to schedule a free consultation at The The Law Office of Brian J. Mirandola today.

Sources:

http://www.fieldsobrietytests.org/walkandturntest.html

http://duijusticelink.aaa.com/issues/detection/standard-field-sobriety-test-sfst-and-admissibility/

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