Tips for Handling an Illinois Traffic Stop

Arlington Heights Criminal Defense Lawyer

We've all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives. Regardless of whether you are being pulled over for a burned out taillight or suspected drinking and driving, knowing your rights during a traffic stop is crucial to protect yourself from incrimination and criminal charges.

Illinois Traffic Stop Variations

In order for an officer to pull you over in the state of Illinois, the officer must have reasonable suspicion to make the stop. Under the Fourth Amendment to the United States Constitution, which governs searches and seizures, courts have divided traffic stop standards generally into one of two categories: reasonable suspicion and probable cause. Reasonable suspicion is the standard required for a traffic stop in Illinois, though an officer needs to satisfy the higher level of probable cause for a search of a car.

Reasonable suspicion is a very low standard. An officer must simply demonstrate that there were "specific and articulable facts" associated with that individual and the circumstances that reasonably warrant an intrusion. See Terry v. Ohio, 392 U.S. 1 (1968). This can range from going slightly over a lane division line, swerving, driving slowly, or acting out of the ordinary.

This is a much lower standard than probable cause, which essentially means more likely than not; the term is taken directly from the Fourth Amendment. According to Black's Law Dictionary, probable cause is "[a] reasonable ground to suspect that a person has committed or is committing a crime." It is greater than a mere suspicion, but stops short of certainty. Probable cause is necessary to search property and to make an arrest in most instances, though there are exceptions.

You Have The Right to Remain Silent

We have all heard the Miranda warnings (these are actually named after the landmark United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966) which provided minimum standards for police to provide to criminal defendants so they are aware of their rights). What do these rights really mean to a criminal defendant? It means you can decline to answer an officer's questions. In some instances, it may help the defendant to come off as "uncooperative" than to give incriminating responses to the officer's questions. Beyond identification information, insurance, and registration, you are not required by law to answer questions the officer asks you.

Most people feel that if they cooperate, answer all of the officer's questions, and do everything they are told, the officers may be more lenient with them. This is not always the case. If at any point after you are read your Miranda warnings you invoke your right to have an attorney present, questioning must cease immediately. Though the Miranda warnings have many purposes, one is to protect a criminal defendant's right to not self incriminate himself. This means to provide information that implicates himself in a crime. This privilege applies at any stage of questioning by the police—regardless of whether you have been read your Miranda rights or are simply being asked basic questions.

You Have The Right to Refuse Illinois Field Sobriety Tests

In addition to remaining silent, in Illinois, you have the right to refuse to take field sobriety tests. In the event the officers have probable cause to determine a level of intoxication, they may later require you to submit to chemical testing to determine your blood alcohol content. By then, however, your blood alcohol content may have decreased substantially, buying you time and potentially helping your case. Be aware, however, if you refuse at that point, you may face consequences regarding your driver's license privileges.

You are under no obligation to answer the trick question of "how many drinks have you had?" before being asked if you have been drinking at all, nor do you need to tell an officer where you are going, coming from, who you were with, or any other personal or possibly incriminating information. If you fail to comply with these requests, you may still be arrested for suspicion of driving under the influence, but going peacefully and having the opportunity to call a lawyer once you arrive at the police station is much safer than making incriminating statements that can later be used against you in court.

Speeding Can Get You In Trouble Too

Although we have explored the more serious types of violations, you are far more likely to get pulled over for speeding in your lifetime than for any other offense. Speeding tickets will usually result in "points" being added to your license, though no punishment (license suspension) will occur until you have accumulated several infractions.

Still, it is important to know what to do during a routine traffic stop. Pull over only as soon as it is safe to do so; cutting off cars or trucks to get to the shoulder is certain to agitate an officer already looking for a reason to get you in trouble. Provide the necessary documentation; make sure your identification, insurance information, and registration is in a safe, readily available place. If you have drugs or alcohol (which can lead to an array of additional offenses and give the officers the right to search your vehicle without consent if it is in plain sight), make sure they are out of sight so as not to escalate a basic traffic stop into something more serious.

The following are small steps you can take to minimize your chances of getting pulled over and avoid unnecessary interaction with police officers:

• Make sure your headlights, turn signals, and brake lights are operational;
• Wear your seatbelt;
• Illinois does not allow handheld cell phone use; keep all conversations hands-free;
• Avoid eating, smoking, applying makeup, or doing anything else that may divert your attention from the road causing you to swerve or miss a traffic signal; and
• Keep music at a reasonable volume, especially in neighborhoods or when stopped at a traffic light.

These simple tips may prevent you from getting pulled over in the first place. At this point, however, if you are pulled over, you should have a good idea of what you should and should not do.

Arlington Heights Criminal Defense Attorney

Donald J. Cosley is an experienced Arlington Heights criminal defense attorney who provides a variety of services for criminal defendants in the Chicago suburbs. Regardless of whether you are a first time offender trying to minimize the damage to your criminal record, trying to keep your license after repeat minor offenses, or being charged with serious charges that involve injury to others, the Law Offices of Donald J. Cosley is the best place to start to ensure your legal rights are protected.

Cook County criminal defense lawyer Donald J. Cosley is well-versed in navigating the criminal justice system and will ensure that you are treated fairly with as little damage to your criminal record as possible. Do not hesitate to contact his Arlington Heights office to begin building your defense today. Call 123-456-7890 or fill out the online contact form to schedule a free initial consultation.

When Can Police Search Your Vehicle?

When Can Police Search Your Vehicle In Illinois?

The police can pull you over for something as minor as failing to signal before changing lanes. However, a routine traffic violation can quickly escalate should an officer find something illegal in your vehicle, like drugs or other contraband.

The Fourth Amendment to the U.S. Constitution protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Police must have a warrant to search a person or vehicle unless they already have probable cause that it contains contraband or evidence of a crime. A Fourth Amendment violation will almost certainly result in the evidence obtained during the search being excluded in court.

However, a few exceptions to the warrant requirement allow police to search cars during routine traffic stops without having probable cause.

Consent

Police officers will almost always ask for permission to search a vehicle during a traffic stop. If granted, the entire car can be searched, including a locked glove box, a locked trunk and any closed containers inside the car (unless the driver limits the consent). However, you have a constitutional right to refuse an officer's request to search your vehicle. A polite, "Officer, I'd prefer you not search my car," will do just fine.

Plain View

Police can seize any item they can see from a lawful location if they have probable cause to believe the item is contraband. For example, an officer can seize a marijuana pipe he or she sees from outside a car during a traffic stop if he or she believes it is drug paraphernalia. This warrant exception applies only when an item is in the open, but not if the officer has to move things around. The answer is to not keep anything suspicious out in the open.

Inventory Search

The U.S. Supreme Court's Arizona v. Gant (2009) decision limited police officers' ability to search a vehicle after arresting a person for an offense. As a fallback, police are now more likely to impound a vehicle after an arrest to search it without a warrant during an inventorying process.

Police departments take inventory of everything inside an impounded vehicle both to protect themselves from potentially dangerous items and prevent claims that items were stolen from a car or truck. To avoid this, ask officers to contact someone to come retrieve the car to avoid it being impounded.

Knowing these search warrant exceptions will help you protect your privacy and right to be free from unreasonable searches and seizures. However, if you or a loved one has been charged with a crime based on a police search, contact an experienced criminal defense attorney to discuss your situation and your options.

Underage Drinking Liability: Illinois House Bill 4745

Rolling Meadows Criminal Defense Lawyer

Minor in possession. Open container violations. Driving under the influence. Minors are particularly susceptible to committing these alcohol-related crimes in peer-driven situations while still underage. Some parents have resigned to the fact that their children will drink regardless of their efforts, and will do everything they can to keep them safe—even if that means breaking the law themselves. Some parents implement "safe drinking" environments, where their children and peers may consume alcohol so long as they are supervised, monitored, and everyone stays the night. New legislation that went into effect on January 1, 2015 makes it clear that Illinois will no longer tolerate any form of supplying or endorsing minor's alcohol consumption.

Understanding Illinois Law: The Parent's Perspective

First, it is important to remember that it is not only unlawful for a minor to purchase alcohol, but to consume it as well. Many minors may erroneously believe (or be compelled to believe by their misinformed peers) that if they did not buy the alcohol, they can drink it. This type of mentality is what went behind the original alcohol consumption among minors legislation. In 2013, Illinois passed legislation making it a crime for adults to furnish alcohol to minors at their home. This legislation included not only providing alcohol to minors, but also criminalized mere knowledge of drinking in the adult's home or other private property.

The new legislation, House Bill 4745, extends the criminal scope and penalties of adults involved in underage drinking. The new law specifically indicates that providing alcohol, knowing that alcohol is being consumed, or providing a space for the consumption of alcohol to minors is illegal. This includes hotel rooms being rented by the parents for the purpose of allowing minors to consume alcohol and extends to watercraft and recreational vehicles.

The punishment for a parent or guardian endorsing the consumption of alcohol among minors, at their residence or otherwise, is at least a Class A Misdemeanor, the most severe misdemeanor under Illinois law. At a minimum, a conviction under these circumstances will lead to a fine of at least $500, and the possibility of other associated penalties. If death or significant bodily harm results from a parent or guardian providing, endorsing, or having knowledge of these unlawful activities, the guardian may be convicted of a Class 4 felony, which has significantly steeper penalties and more severe ramifications on the offender's future.

Punishments for Underage Drinkers in Illinois

Another common misconception is that if the parents provide, endorse, or have knowledge of alcohol consumption, the minors are off the hook legally. This is, in fact, not true. Minors have a wide range of offenses they can be charged with, even if they did not purchase the alcohol themselves. If they made a representation they were at least 21 in order to procure alcohol, if they used a false identification, if they are in possession of an alcoholic beverage on the street or in the car, or if someone who is 21 procures alcohol for a group of friends—all of these actions can result in serious long-term consequences and a permanent criminal record. It is important to note that a conviction or supervision for any alcohol offense by a minor results in the suspension of their driving privileges.

The deterrent effect of criminalizing this behavior is intended to reflect on both adults and minors alike. The adults should recognize that they are not the only ones at risk of getting into legal trouble—their criminal charges will not shield their children or children's friends from prosecution. Understanding how these new laws affect parents, children, and anyone providing alcohol to minors is critical in ensuring you are in compliance with the law.

Rolling Meadows Criminal Defense Attorney

Not all laws are cut and dry. New legislation, especially, is susceptible to misinterpretation and misapplication in the courts. If you, your child, or anyone you know has been charged with any alcohol-related offenses, you have a right to understand the charges being brought against you and what your options are.

At the Law Offices of Donald J. Cosley, you can rest assured that Donald J. Cosley, an experienced Rolling Meadows criminal defense attorney, will advocate tirelessly on your behalf. Attorney Cosley understands that everyone makes mistakes and that there are two sides to every story. Attorney Cosley will provide you with a safe, non-judgmental place to explain the background of the incident. He understands the profound effect a criminal charge or conviction can have on your emotional, personal, and professional life and will do everything possible to ensure your rights are protected and the best possible result is accomplished. Contact the Law Offices of Donald J. Cosley today at 123-456-7890 to set up a free initial consultation.

Was your relationship status updated to “divorce” because of Facebook?

Was your relationship status updated to “divorce” because of Facebook?

For several years now, technology has found a way to impact almost every aspect of our lives. Social media alone has revolutionized the way in which people interact and relate with one another. But, despite the fact that social media sites have facilitated the creation of countless friendships and relationships, they have also led to the demise of untold others.

For instance, many Illinois divorce proceedings have been initiated after one spouse discovered incriminating pictures or messages on social media sites - like Facebook - implicating the other spouse in extramarital affairs.

In fact, various activities and conduct unearthed on Facebook are quickly becoming very common triggers for commencing divorces. According to a report issued last year by Divorce Online, one-third of all divorce filings included the word "Facebook" somewhere in the filing in 2011 - which is a dramatic increase from a 2009 study conducted by a different group that found only roughly 20 percent of divorce filings cited Facebook.

To further bolster evidence of this trend, it was reported last year that the American Academy of Matrimonial Lawyers claimed more than 80 percent of U.S. divorce attorneys believe the role of social networking in divorce proceedings is increasing.

Facebook & child support

However, Facebook is also finding a way to permeate areas of family law beyond divorce - namely child-support disputes. For example, there have been examples of unsuspecting dads who have been nabbed for unpaid child support when they posted updates to their locations on Facebook.

In addition, there was a recent instance in which Facebook photos were used as evidence in a child-support dispute after a father claimed he lived in poverty and could not afford to pay child support. The photos allegedly depicted the man holding large amounts of cash and on a European vacation. Although the man disputes the cash was actually his, it illustrates just how easily Facebook posts can create family law issues.

Seek assistance if involved in a Facebook-instigated family law dispute

If anything, the issues outlined in this article merely demonstrate the importance of thinking twice before blindly posting a picture or message on Facebook. What may originally appear as an innocuous update or photo may ultimately bring about life-altering consequences such as divorce.

However, for those who have already found themselves involved in a family law dispute, it is important to speak with a knowledgeable family law attorney to be advised of your rights and options given your circumstances.