A summary of Illinois drug laws

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The criminal offense of possession of drugs in Illinois has two categories: Possession of cannabis (ie, marijuana). This offense is governed by 720 ILCS 550/4. Possession of a controlled substance. The law for controlled substances is 720 ILCS 570/402. All illegal drugs that are not cannabis are classified as controlled substances. For example, the crime […]

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The police officer had me stand on one leg and count to 30. Did I pass this sobriety test?

August 1, 2010
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One of the field sobriety tests most commonly utilized by law enforcement in DUI investigations is the one-leg stand. This sobriety test was approved by the National Highway Traffic Safety Administration (NHTSA) as accurate and reliable in detecting drivers who are intoxicated on alcohol or drugs. The one-leg stand, also called one-legged stand or OLS, […]

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New Illinois Supreme Court ruling limits use of field sobriety test

July 24, 2010
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The Supreme Court of the state of Illinois issued a new ruling in 2010 concerning the use of the horizontal gaze nystagmus test (HGN). During an arrest for DUI, the police officer will ask the driver to stand still and follow a pen with his eyes, and keep his head motionless. The HGN test is […]

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New laws in Illinois increase penalties for speeding tickets

July 3, 2010
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The laws against speeding in Illinois got tougher on July 2, 2010 when Governor Pat Quinn signed a new law aimed at persons driving 100 mph or faster. The law has two important parts: Speeding 31 mph over the Limit is a Class B Misdemeanor Speeding 31 mph in excess of the limit is no […]

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What is the walk-and-turn test?

June 6, 2010
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The walk-and-turn test (WAT) is a field sobriety test that was approved by the National Highway Traffic Safety Administration for use in detecting intoxicated motorists. The WAT has been standardized and is used by all police and sheriff’s departments in DUI arrests. Field sobriety testing usually takes place roadside during the traffic stop. However, the […]

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The Secretary of State can suspend a person’s driver’s license for certain offenses

May 13, 2010
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The law in Illinois says that the Secretary of State has authority to suspend a person’s driver’s license upon a report of a conviction for certain offenses. The information is reported to the Secretary of State by the Circuit Clerk for each county courthouse. The clerk’s computer system is linked with the Secretary of State […]

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What is the legal definition of great bodily harm?

April 25, 2010
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If a person causes great bodily harm to another while committing a criminal offense, the charge is usually a felony. What is the definition of great bodily harm? The Illinois Criminal Code of 1961 does not specify which injuries constitute great bodily harm. The question is for the jury to decide. When defendants have been […]

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I got arrested for battery. What are the penalties under Illinois law?

April 18, 2010
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Battery is a criminal offense in Illinois that is classified as a misdemeanor, unless there is serious injury. In cases of serious injury, battery is charged as a felony. Battery is found in the criminal code at 720 ILCS 5/12-3, which provides the following: A person commits battery if he (or she) intentionally or knowingly […]

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What is the law on texting and driving in Illinois?

April 11, 2010
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The legislature passed a law in Illinois in 2009 that prohibits texting while driving. The law went into effect on January 1, 2010. The law is set forth in the Illinois Vehicle Code at 625 ILCS 5/12-610.2. The statute prohibits more than just texting, however. A driver cannot text, instant message, email, or surf the […]

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The police officer asked me to follow a pen with my eyes. Is that a field sobriety test?

April 9, 2010
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During a traffic stop, if a police officer suspects that a driver is intoxicated, he will use special training to assist him in making the decision whether to arrest. The police officer will ask the motorist to participate in field sobriety tests (e.g. FSTs) to determine whether the driver is impaired. The National Highway Traffic […]

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