There is a law in Illinois that supposedly outlaws quotas for traffic tickets, but that may not be the whole story. Many Illinois police departments apply for federal funds to pay for extra DUI patrols and roadblocks. To get the money, the police must make a minimum amount of DUI arrests so the pressure is on! In Massachusetts, the police officers would receive over $100,00 per year in overtime alone by setting up speed traps and cheating. 

Read the below from http://www.thenewspaper.com/news/66/6676.asp#source

If you or a loved one were stopped at a DUI checkpoint then it is possible that you were also a victim here in Illinois. Call Ramsell & Associates at 630-665-8780.

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As you might well imagine, the penalty for the second DUI drugs conviction is harsher than the first! This should become an active and contentious area of the law both in Illinois and nationwide as at least marijuana use is becoming legal on a state by state basis and is being touted as an appropriate substitute for lawfully prescribed opiates for pain relief.

Illinois’ new governor, J.B. Pritzker, is not only in favor of marijuana legalization, but he is also considering signing legislation someday that even allows for home growth of marijuana plants, possibly up to a cap of five marijuana plants per household! This is despite the fact federal law still prohibits marijuana use except in extremely proscribed circumstances such as those who suffer from glaucoma. Regardless, the second DUI drugs conviction statutorily mandates the following below….

A second DUI conviction at the class A Misdemeanor level carries a MANDATORY minimum imprisonment of 5 days or 240 hours of community service, revocation of driving privileges for a minimum of five years for a second conviction within 20 years of the first and suspension of vehicle registration. Also, if the second conviction is committed with a blood alcohol content of .16 or greater, in addition to any other penalties or fines, mandatory imprisonment of 2 days and a minimum fine of $1250.

REGARDLESS, THESE ARE INTENSELY FACT SPECIFIC SITUATIONS SO DON’T TRY TO SORT THIS OUT YOURSELF, CALL YOUR PREMIER DUI DEFENSE TEAM OF RAMSELL & ASSOCIATES AT 630-665-8780 IMMEDIATELY FOR A FREE, NO OBLIGATION ATTORNEY CONSULTATION!

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Wheaton dui lawyer breath testVirtually all experts concede that one breath test is unreliable in DUI cases. However, in Illinois, only ONE breath test reading at a police station is required!

The Illinois Supreme Court has remarked that breathalyzers are not foolproof. This concession by Illinois’ highest court has been the law of the state of Illinois for over 30 years. People v. Orth is considered THE authoritative case on summary suspension law and what is needed for the prosecution to lay the foundation for a breath test at a criminal trial. Orth was decided back in 1988. 

Originally, breath test rules were made by the Illinois Department of Public Health. After years of litigation and some discoveries from THIS FIRM at trials, rule making authority for breath testing passed to the Illinois State Police. Yes, the very same people trying to obtain arrests, guilty pleas, and convictions get to decide the rules on what needs to be followed for a breath test. Even with this being the case, there are many times where police officers do not follow the Illinois State Police regulations found in the Illinois Administrative Code.

If all of the above issues were not enough for reasonable doubt, breath testing itself is subject to various inaccuracies. First, it is pure and undisputed science that there is a level of uncertainty when measuring anything. The level of uncertainty when measuring something is called the uncertainty (or Heisenberg) principle. Second, Illinois State Police’s own guidelines allow for a plus or minus 12.5% variance when calibrating breath test machines. Next, breath test machines are “self checked” for accuracy by computer and almost never in person. Last, breath test machines are not specific for ethanol, meaning types of artificial sweeteners, yeast, and mints can all trigger an artificially high breath test reading. If someone has a supposed breath reading of .08 or .09, these inaccuracies can prove to be helpful in obtaining a not guilty verdict!

For other information on how breath testing is inaccurate, contact Ramsell & Associates today to see how any and all of these factors can play a role in YOUR DuPage County DUI defense!

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Wheaton dui lawyer non-standard field sobriety testImagine a world without standardization. What if Illinois posted its speed limits on roads strictly in metric terms and Indiana in standard ones? What if each of the fifty states had its own unique form of currency? 

To prevent unequal application of field sobriety tests across these United States, the federal government, through its administrative agency the United States Department of Transportation, promulgated uniform tests known colloquially as the HGN, WAT, and OLS. The idea is to make sure everyone in the country gets the identical testing and it does not vary from city to city, state to state, or region to region.  

Thus, if anyone attempts to offer a field sobriety test that is anything other than the official standardized ones, they are per se invalid no matter what an officer may tell you. These invalid variants can be saying the alphabet backwards, closing your eyes and touching the tip of your nose with an index finger, or any other crazy thing some lawman can make up. The point is, unless the test is from the United States Department of Transportation promulgated battery of tests, they are invalid.

WE ARE NOT, HOWEVER, GIVING YOU SPECIFIC LEGAL ADVICE OR ENCOURAGING YOU TO REFUSE POLICE INSTRUCTIONS OR ORDERS! If you have been arrested, don’t try to wonder what part of your arrest comports with the correct laws and regulations, CALL YOUR WHEATON DUI DEFENSE TEAM AT RAMSELL & ASSOCIATES at 630-665-8780 IMMEDIATELY FOR A FREE, NO OBLIGATION ATTORNEY CONSULTATION!

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DuPage County distracted driving lawyerThis month, Illinois state troopers are cracking down on distracted driving. April is distracted driving month, and considering the recent trooper deaths, there is expected to be much more enforcement.

First, if you are pulled over for distracted driving, the best thing to do is contact an attorney who regularly fights these tickets. Contact an attorney at Ramsell and Associates right now and have a free consultation.

There are some tickets the police will be focusing on.

The law for “Texting while driving” is codified in Electronic Communication Devices is 625 ILCS 5/12-610.2. The statute states: “A person may not operate a motor vehicle on a roadway while using an electronic communication device.”

There are a few exceptions. For one, this does not apply to voice-activated, hands-free devices. Next, if you are a police officer or a first responder, then the law does not apply to you. Or if you are reporting an emergency, or if your vehicle is stopped on the side of the road, or if you are stopped due to traffic and the car is in neutral or park, you can use an electronic device. Lastly, there are certain exceptions: for example, if you are using a band radio or two way communication devices.

A driver caught violating this statute will be guilty of a petty offense. A petty offense is a non-moving violation. However, the fines go up each subsequent time. The first offense is $75, a second $100, a third $125, and then $150 for the fourth or subsequent offense after.

A person will have committed a Class A misdemeanor if the violation resulted in great bodily harm, permanent disability, or disfigurement to another. A class 4 felony is if the violation resulted in the death of another person. You will need to contact an experienced and aggressive Wheaton traffic offenses attorney if there has been an accident or death. Call Ramsell and Associates now for a free consultation.

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