Anderson Attorneys & Advisors

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Wheaton, IL cannabis DUI defense attorneyThe state of Illinois passed several new laws that went into effect on January 1, 2020. One of these laws made it legal for Illinois citizens who are 21 or older to use recreational marijuana. However, there are certain restrictions that apply to the use and possession of cannabis, including limits on the amount of the drug a person can possess. If a person does not follow the law, he or she can face criminal charges. In addition to these concerns, cannabis users should be aware of the potential for arrests for driving while under the influence (DUI) of marijuana.  

Illinois DUI Laws

While a person may be charged with DUI if they operate a motor vehicle with a blood alcohol content (BAC) of .08 percent or higher, drivers can also face DUI charges if they are impaired due to marijuana use. In addition, people must transport the drug in a sealed container that is not accessible while the vehicle is in motion. 

If a police officer stops a motorist and suspects that he or she is under the influence of marijuana, the officer may administer field sobriety tests. If the driver fails or refuses these tests, he or she may be placed under arrest and taken to the local police station for chemical testing of blood or urine. If a driver who used marijuana has a THC level of 5 nanograms or more per milliliter of blood, or 10 nanograms per milliliter or higher of another bodily fluid, he or she can be charged with DUI.  Under certain circumstances, THC can remain in a person’s body for weeks or even months after use. This makes testing for a cannabis DUI complicated, since the drug does not pass through the body in the same way as alcohol, and there is no industry-accepted version of a breathalyzer for marijuana.  

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DuPage County traffic ticket defense lawyerLaws are put in place to provide for the overall safety of a community and ensure the rights of citizens are protected. These regulations exist at the local, state, and national levels. The state of Illinois saw more than 250 new laws go into effect on January 1, 2020. Ranging from legalizing recreational marijuana to increasing penalties for certain traffic-related crimes, these changes are meant to better protect Illinois residents in a variety of areas. It is important for Illinois motorists to be aware of the significant changes to traffic laws in order to avoid criminal charges that could result from a traffic violation.    

Scott’s Law 

Also referred to as the “move over law,” Scott’s Law requires all Illinois motorists to slow down, change lanes, and proceed with caution while passing emergency or disabled vehicles. This gives first responders whose hazard lights are flashing more room to attend to incidents on the side of the road. It was originally signed into law in 2000 after Lt. Scott Gillen of the Chicago Fire Department was struck and killed by a drunk driver. 

As of January 1, 2020, the fines and penalties for breaking this law have been increased. A first offense carries a fine of $250, and subsequent violations will result in a $750 fine. The Scott’s Law Fund was also created to produce informational materials as well as hire off-duty Illinois State Police officers to enforce this very important law.

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Wheaton criminal defense and appeals attorney
According to some studies, approximately 10,000 innocent people are convicted every year in the United States. That is why there is a process in place to protect innocent people from human error in the criminal justice system. Post-conviction matters generally refer to the legal process that takes place once a defendant is convicted for a crime after going to trial. If a defendant has been found guilty, he or she can challenge a conviction or sentence. There are different legal actions one can take to protest a guilty verdict, such as filing an appeal or a federal “habeas corpus” proceeding. These matters are usually intended to exonerate the defendant, which means proving he or she is innocent. If you or someone you know is facing a jail sentence after being convicted of a crime, hiring an experienced criminal defense attorney can help you exercise your legal rights by filing an appeal or petitioning for post-conviction relief.

An Appeal Versus a Post-Conviction Petition

Direct appeals are limited to issues contained in the trial court record or the transcripts of the court proceedings. This can also include any documents filed in connection with the case. With a direct appeal, a defendant can only cite errors that are documented in the court record from the trial. If an error cannot be shown in the trial court record, it generally cannot be used in a direct appeal. 

In a petition for habeas corpus, a convicted party can raise doubts about the legality of his or her imprisonment. If the petition shows that the imprisonment warrants investigation, a judge may issue a writ of habeas corpus.

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DuPage County traffic violation defense lawyerYou may have heard the phrase, “Driving is a privilege, not a right.” A person must obtain a driver’s license before he or she can legally operate a motor vehicle on Illinois roadways. The privilege of driving is earned by passing a Department of Motor Vehicles (DMV) test and agreeing to follow the rules of the road. If drivers do not obey these regulations, the Secretary of State can take away their driving privileges by suspending or revoking their license. In Illinois, traffic violations are usually categorized as “petty” or “misdemeanor” offenses. Depending on the alleged violation, a driver may be able to fight the ticket and have the charges dismissed altogether.    

Common Types of Traffic Violations

Disobeying traffic laws can result in serious consequences due to the danger it poses to other drivers or pedestrians on the road. For this reason, law enforcement officers patrol the highways in an effort to prevent accidents due to reckless or negligent driving habits. Depending on the circumstances, a police officer can issue a ticket to a driver who violates these rules. 

Some of the typical traffic violations include but are not limited to the following:

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Wheaton criminal record expungement attorney

Any criminal act is taken seriously in the state of Illinois. Charges can impact an alleged offender’s personal and professional life, even if they are eventually dropped or dismissed altogether. In some cases, being arrested can go on a person’s criminal record, even if he or she is not convicted of the crime. This can occur if someone finds him or herself in the wrong place at the wrong time and is falsely accused. 

You may have heard the term “expungement” before, but what does it really mean in regard to someone’s criminal record? The state of Illinois offers eligible persons the chance to clear their criminal records and to receive the fresh start they deserve. 

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