Understanding Marijuana DUI Charges in Illinois

Many states across the country have legalized the use of recreational marijuana, with Illinois following suit. For Illinois, the beginning of the year brought the legalization of recreational marijuana, but it also brought concerns about marijuana-related DUI’s. Illinois now permits adults who are age 21 or older to purchase and consume cannabis, though the drug still remains highly controlled. Adults are only permitted to purchase and possess certain amounts of marijuana and are only permitted to ingest the drug in certain places. Like alcohol users, marijuana users are subject to charges if they are caught driving while under the influence.

Illinois’ Marijuana DUI Laws

The 2020 Illinois DUI Factbook states that drivers in Illinois are not permitted to operate a motor vehicle while impaired by alcohol or other drugs such as cannabis, whether it was used for medical or recreational purposes. Like alcohol, the state has placed a limit for what is considered to be a legal amount of THC (the intoxicating compound in marijuana) in a driver’s blood. While the intoxication limit for alcohol is a blood alcohol concentration of 0.08, the intoxication limit for THC is no more than 5 nanograms of THC per milliliter of blood or 10 nanograms of THC per milliliter of another bodily substance.

The issue with marijuana-related DUI’s is that they are not as clear cut as alcohol-related DUI’s. One of the reasons why marijuana-related DUI’s are a bit of a gray area is because there is no 100 percent accurate way of determining how intoxicated a person is when under the influence of cannabis. When it comes to alcohol, most people are impaired when their BAC is 0.08 or more. When it comes to the legal THC limit, some people can feel intoxicated with less than 5 nanograms of THC in their blood, while other people may sincerely not be intoxicated with more than 5 nanograms of THC in their blood. There is also the issue that traces of THC remain in a person’s body for weeks after using marijuana.

Are You Facing an Illinois DUI Charge? A Skilled Tinley Park, IL, DUI Defense Attorney Can Help

If you have been charged with a marijuana-related DUI, it is important to understand that you have options. Our knowledgeable Cook County DUI defense lawyers know that a prosecutor’s job of proving marijuana intoxication can be difficult. At the Fotopoulos Law Office, we understand how a DUI can impact your life and we will do everything in our power to help you. To schedule a free consultation, call our office today at 708-942-8400.

Sources:

Minor Crashes and ‘Whiplash’ in the United States

You Still Can’t Smoke Weed and Drive – but Tests to Prove Impairment Murky

What Should I do if I am Falsely Accused of Domestic Violence?

In recent years, more attention has been given to certain social issues such as intimate partner abuse, sexual assault, and domestic violence. This movement has brought about awareness of these issues and has created a mostly positive change in the culture of the country. There are people, however, who believe that the current culture allows any allegations of such misconduct to be taken at face value, which can end up convicting those accused of domestic violence, regardless of whether or not they actually committed the crime.

Being falsely accused of any crime can be problematic, but being falsely accused of committing a crime like domestic violence can be devastating. Such an allegation can cause issues in your personal relationships with your friends and family and could even negatively impact future educational or career opportunities. Being falsely accused of domestic violence requires swift and immediate action.

Remember Your Right to Remain Silent

If you have been arrested because of a domestic violence allegation, it is important to remember that you have the constitutional right to remain silent. After you are arrested, the cops will probably try to have a conversation with you in the hopes that you will give up information about what happened. If this happens, you should inform the officer that you do not want to speak with him or her until you have your attorney present.

Get an Attorney

As soon as you are able to, you should speak with a domestic violence defense lawyer. There are many caveats to domestic violence laws, so it is best to hire an attorney who has experience with domestic violence cases. Your attorney will be able to help by giving you advice on how to answer questions from police and how you should proceed from there.

Do not Violate any Orders of Protection

There are many domestic violence situations that include orders of protection. These are often called restraining orders because they usually prohibit or restrain a person from doing things such as contacting someone who has accused him or her of domestic violence. If a judge believes there is good reason to grant an order, they will do so. Violating an order of protection can result in serious consequences and further criminal penalties.

Our Cook County Domestic Violence Defense Attorney can Help

Allegations for crimes such as domestic violence are taken very seriously by law enforcement. While this is good for victims of actual domestic violence, this can be problematic for people who are falsely accused of domestic violence. At the Fotopoulos Law Office, we believe that everyone should be judged as innocent until they are proven guilty. Our team of knowledgeable Orland Park, IL, domestic violence defense lawyers is here to fight for your innocence. We offer free consultations. To schedule a time to discuss your case, call us today at 708-942-8400.

Sources:

Illinois Compiled Statutes

How to Prevent Four Medical Errors That Can Cause Serious Injuries or Death

Hospitals are supposed to be some of the safest places we can go – they are where we go to be treated when we are sick or injured. Unfortunately, that is not always the case. According to The Leapfrog Group, an independent hospital safety organization, as many as 440,000 people die annually as a result of hospital errors, accidents, injuries, and infections. This makes medical errors the third leading cause of death for Americans, right behind heart disease and cancer. Fortunately, many medical errors are preventable. Here are four medical mistakes and what you can do to minimize the chance that they happen to you:

  1. Medication Mix-Ups: There are a lot of moving parts in hospitals and multiple ways a medication mix-up can occur. Getting the wrong medication or the wrong dose of a medication can cause you more problems and can even be deadly. Before you take your medication, you should verify that the nurse gave you the correct medication and the correct dosage.
  2. Infections: This is one of the most infamous causes of death in hospitals. With so many people touching you and so many objects being inserted into you, it is easy to pick up an infection while in the hospital. To try to lessen your risk of catching an infection, remind your health care professionals to wash their hands before they touch you.
  3. Falls: Though this may not seem like a medical mistake, hospital staff are responsible for protecting you from falling. It is important to tell nurses, physicians, pharmacists, and patient aids about your fall risk before you start moving. They might give you a cane or a walker to help stabilize you. Also, you should ask for help before you get out of bed or try walking.
  4. Being Discharged Too Soon: Leaving the hospital prematurely is also a culprit of injuries, accidents, and infections. You may suffer if your health professional discharges you before you are actually ready to go home. Before you leave the hospital, make sure you and your companion both understand all of the discharge instructions, medication instructions and care instructions that are given to you. If you are unsure of something, ask questions.

Get in Touch With a Cook County Medical Malpractice Attorney

Medical errors have quickly become a top cause of death in the U.S., which is problematic and disturbing for many reasons. You should be able to trust and rely on your physician and health care team to heal you – not worry that they will harm you. If you think you may have been a victim of a medical error or medical malpractice, you should immediately contact a skilled Orland Park medical malpractice lawyer today. At the Fotopoulos Law Office, we can help you recover any damages that you may be entitled to. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

10 Medical Errors That Can Kill You in the Hospital

Errors, Injuries, Accidents, Infections

5 Common Preventable Medical Errors

5 Common Medical Mistakes to Avoid in the Hospital

Claiming Medical Malpractice When You Have Been Misdiagnosed

When you are experiencing health issues, you go to a doctor. You trust that doctor to examine you, take into consideration your symptoms and diagnose you so you can begin treating the issue. The key to getting the care that you need is being diagnosed correctly – which does not always happen. According to CBS News, some 12 million Americans seeking outpatient care are misdiagnosed each year, with around half of those misdiagnoses having the potential to cause severe harm to the patient. Being misdiagnosed not only leaves you without the proper care for your actual condition but could also cause you to receive treatment for conditions that you do not actually have, which can cause other health problems.

Misdiagnosis Claims

A misdiagnosis claim can actually take the form of three different types of medical malpractice behaviors:

  1. Missed Diagnosis: The doctor does not believe that there is anything wrong with the patient. The patient actually has a disease or condition but is not receiving treatment due to the lack of diagnosis.
  2. Delayed Diagnosis: A great amount of time passes between the patient’s original appointment for his or her symptoms and when the patient is correctly diagnosed. During the time passed, the patient may or may not have had missed or incorrect diagnoses, but proper treatment was not given in a timely manner.
  3. Incorrect Diagnosis: The doctor diagnoses the patient with a disease or condition that he or she does not actually have. The patient may have been given treatment that was inappropriate or that caused other adverse reactions. The patient also does not receive the proper treatment for his or her actual condition.

How to Succeed With a Misdiagnosis Medical Malpractice Claim

Every medical malpractice case must contain three elements in order to prevail. First, you must prove that the doctor violated the standard of care. Then, you must prove that you were injured because of that violation. Finally, you must prove that you suffered significant damages because of that injury.

In a misdiagnosis case, you must show that the doctor breached the standard of care by incorrectly diagnosing you, not diagnosing you at all or taking a significant amount of time to diagnose you correctly. Then, you must prove that you were injured because of this breach of the standard of care; if you did not suffer because of the misdiagnosis, you may not have a case. Lastly, you must prove that you suffered damages because of the injury, such as missed work, lost wages, pain and/or suffering.

Get Help From a Cook County Medical Malpractice Attorney

If you have suffered from a missed diagnosis, delayed diagnosis or incorrect diagnosis, you should call a skilled Orland Park, IL, medical malpractice lawyer right away. At the Fotopoulos Law Office, we understand how a misdiagnosis can affect your entire life. Let our compassionate team of attorneys help you fight for the compensation that you deserve. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

What is Medical Malpractice?

12 million Americans misdiagnosed each year

How do Consequences Change for DUI if There is a Child in the Vehicle?

If you have a child, you know that your first priority is making sure they are safe at all times. Even though we strive to keep our children out of harm’s way, sometimes things happen that cause our children to be put in danger, whether it is our fault or not. Having a child in the vehicle when you are arrested for driving under the influence is a serious situation. Not only do you face consequences if convicted for driving while under the influence, but that could be just the beginning of your worries. Illinois law has provisions for what happens when a person is arrested and convicted of DUI when there is a child under the age of 16 in the vehicle with them.

Consequences for First-Offense DUI with a Child in the Vehicle

Consequences of being convicted of a DUI for a first offense can vary depending on the judge, but there is a good chance that you can receive court supervision as a sentence, which could keep a conviction off your criminal record. As long as you follow the rules of your court supervision, which typically include attending drug/alcohol counseling and/or community service, your case will be dismissed at the end of the supervision period. However, if a child was with you in your car during your first DUI, you face a minimum fine of $1,000 and at least 25 days of community service in a program benefiting children.

Consequences of Felony DUI with a Child in the Vehicle

There are some situations in which you could be charged with a felony because you were carrying a child in the vehicle when you were arrested for DUI. If you got into a car crash while driving under the influence and a child was injured, you can be charged with a Class 4 felony, which comes with the possibility of up to three years in prison and up to $25,000 in fines. In addition to that, you face a mandatory fine of $2,500 and 25 days of community service in a program benefiting children. Penalties increase for second or subsequent offenses.

Contact Our Cook County DUI Defense Attorney Today

If you have been arrested for DUI and you had a child in the vehicle with you, you need to immediately contact a skilled Tinley Park, IL, DUI defense lawyer. At the Fotopoulos Law Office, we know how serious of a situation it is when you are charged with a DUI with your child in the vehicle. We have the experience you need to defend you against any charges you face pertaining to DUI or child endangerment. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Cyber Driveillinois

How can an Illinois Order of Protection Affect Me?

Unfortunately, domestic violence is a fairly common occurrence in the U.S. According to the National Domestic Violence Hotline, there are more than 12 million people who experience some form of domestic violence each year. Domestic violence is a crime that is taken very seriously in Illinois and is punished accordingly. There are options available to victims of domestic violence to help combat their situations, such as getting an order of protection against the abuser. An order of protection is a legal document signed by a judge that requires the alleged abuser to stop further abuse and to stay away from the victim.

Contents of an Order of Protection

When someone requests an order of protection against you, the judge will decide what kind of stipulations are in the order. There are many things that can be required or prohibited in an order of protection. Orders of protection can prohibit you from:

  • Harassing, intimidating, stalking or abusing the person who requested the order;
  • Entering or remaining in your residence;
  • Being in the presence of the person who requested the order;
  • Going to the person’s school, residence or workplace;
  • Taking, transferring or concealing certain property;
  • Possessing a firearm;
  • Having contact with minor children;
  • Accessing your minor children’s records; and
  • Entering or remaining in your residence while under the influence of drugs or alcohol.

An order of protection can also require you to:

  • Attend counseling;
  • Give the petitioner temporary physical possession or legal custody of the children;
  • Appear in court, either alone or with a minor child;
  • Relinquish certain property to the petitioner;
  • Pay any child support or spousal support that is legally required;
  • Pay for losses resulting from abuse; and
  • Turn your weapons over to a law enforcement agency.

A Cook County Domestic Violence Defense Attorney Can Help

Being accused of a crime is never good, but being accused of domestic violence can impact your entire life. Not only will you have to abide by an order of protection if one is entered against you, but you will also have a criminal record created and your friends, family, employers, coworkers, and others may learn about the charges. If you are facing a domestic violence charge, you need to immediately contact an Orland Park domestic violence defense lawyer. At the Fotopoulos Law Office, we can help you fight domestic violence charges and keep your life as normal as possible. Call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Illinois Compiled Statutes

Advocating for Women

Orders of Protection

Get the Facts & Figures

Exploring Juvenile Diversion Programs in Illinois

Parenting is hard work. You spend years of your life raising your child from a bouncing baby boy into the strapping young man he is becoming. You would like to think that he has a good moral compass and a sense of what is right and what is wrong. The last thing you want to hear is that your child has gotten himself into trouble with the law. That phone call can be devastating, but now there is one question that keeps running through your mind: what will happen to my child? Depending on what your child has done, he may be eligible to participate in a juvenile diversion program, which is one of the more favorable outcomes of a juvenile offense.

What is a Diversion Program?

Juvenile diversion programs were designed as an alternative to juvenile detention. Juvenile offenders who are convicted of minor offenses can participate in diversion programs. These programs are typically community-based and smaller-scale, which make them more effective at addressing and preventing future delinquency.

The primary goal of juvenile diversion is to reduce the number of juveniles in out-of-home placements after a conviction. Each diversion program is different, but they all have the same end goal: to educate and rehabilitate the juvenile offenders in an effort to prevent future delinquency and mold them into law-abiding citizens. Juvenile diversion programs typically offer services such as:

  • Education and tutorial services;
  • Substance use education and counseling;
  • Mental health treatment;
  • Crisis intervention;
  • Family counseling;
  • Job skills training; and
  • Recreation and organized sports programs.

Benefits of Diversion Programs

There are many benefits of juvenile diversion programs, including:

  • A reduced number of children serving out-of-home sentences for relatively minor offenses;
  • The ability to give struggling youth the services they need;
  • An increased focuses on education and rehabilitation, rather than punishment;
  • Letting children gain a sense of community by letting them stay in their home environments; and
  • A reduced cost, when compared to court processing and traditional detention.

An Orland Park Juvenile Crime Defense Lawyer can Help

It is widely known that teenagers can make poor decisions. Their brains are still developing, and many teens do not have the mental capacity to see how their actions will pan out in the future. One small mistake should not dictate the rest of your son or daughter’s childhood. If your child has been charged with a minor crime, such as retail theft or underage drinking, you should contact a Cook County juvenile crime defense attorney. At the Fotopoulos Law Office, we will fight to ensure your child receives a fair trial and push for alternative sentencing, like juvenile diversion programs, whenever possible. To schedule a free consultation, call us today at 708-942-8400.

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Diversion Programs

How can I Tell if I got Whiplash From My Illinois Car Accident?

If you drive a vehicle, there is a good chance that you will get into a minor accident at some point during your life. Many times these minor accidents, or fender benders, occur because someone was not paying full attention to the road. Whether or not the accident is your fault, you could suffer injuries ranging from bruises to something like whiplash. Though it may seem like a relatively minor injury compared to what some other car accident victims suffer, whiplash can be extremely painful and disruptive to your daily life. If you have been in a car accident, you should be aware of the signs of whiplash and seek medical attention if necessary.

What is Whiplash?

Whiplash is an injury that occurs to the neck when the head is forcefully thrown back and forth. The movement the head takes is often one of a cracking whip, which is why it is aptly referred to as whiplash. This can cause damage to the vertebrae, ligaments, muscles, nerves, and discs that are in your neck. Whiplash injuries are some of the most common injuries to occur during a car accident – especially rear-end car accidents. However, whiplash can also occur during other situations, such as a sports accident or physical altercations.

Symptoms of a Whiplash Injury

Symptoms of a whiplash injury typically appear within 24 hours after the injury, but in some cases, symptoms could delay for a couple of days. Signs that a person has whiplash commonly include:

  • Neck pain and/or stiffness
  • An inability to move the neck or increased pain when moved
  • Pain in the shoulder or in between the shoulder blades
  • Pain and/or tenderness in the arms and/or hands
  • Dizziness
  • Headaches
  • Fatigue
  • Difficulty remembering or concentrating
  • Sleep disturbances

In most cases, people who suffer from whiplash injuries fully heal within weeks. Sometimes, whiplash injuries can cause chronic pain that lasts for several months or even years. This pain can be severe neck pain, but some people also have persistent pain in their arms or hands.

Have You Recently Been in a Car Accident? Contact a Cook County Car Accident Injury Lawyer

Getting into a car accident can be stressful both financially and emotionally. If you have suffered any type of injury from a car accident, you should speak with an Orland Park, IL, car accident injury attorney about your options for compensation. At the Fotopoulos Law Office, we have helped hundreds of clients successfully recover compensation for injuries sustained from all types of car accidents. If you are suffering from a car accident injury, do not hesitate – call our office today at 708-942-8400 to schedule a free consultation.

Sources:

Whiplash

What Causes Whiplash?

Minor Crashes and ‘Whiplash’ in the United States

Tips Everyone can Follow to Help Prevent Pedestrian Accidents

At some point during the day, we are all pedestrians. If you are not in a motor vehicle, you are a pedestrian. During the warm-weather months, the number of people walking from place to place greatly increases. Unfortunately, so does the risk that they will be involved in a car accident. According to the National Highway Traffic Safety Administration, there were nearly 6,000 pedestrians killed in traffic accidents in 2017. Though this is less than the number of pedestrians killed in 2016, pedestrian fatalities still remain a large issue in our country.

Pedestrian accidents can result in serious injuries, if not death. A 150-pound human is no match for a 3,000-pound car, especially if the vehicle is traveling at a relatively high rate of speed. Fortunately, pedestrian accidents can be avoided with a little effort from both drivers and pedestrians.

Tips for Drivers

In many areas, pedestrians have the right of way, meaning you must yield to them while they are in the street. Even if the pedestrian does not technically have the right of way, you are in a vehicle while they are unprotected; you could cause serious damage to them. Here are a few tips to help avoid a pedestrian accident:

  • Always keep your eyes open. You never know when a pedestrian could appear;
  • When you are in urban or suburban areas, you should exercise even more caution. These areas are where you are bound to see more people on the sidewalks and streets;
  • Always yield to pedestrians in crosswalks. Never try to pass a vehicle that is stopped at a crosswalk – there could be pedestrians crossing in front of them; and
  • Never drive while under the influence of drugs or alcohol. Not only is this illegal, but it also decreases your ability to notice potential issues, such as pedestrians.

Tips for Pedestrians

It is not just drivers’ responsibility to keep pedestrians safe – you also must exhibit a certain level of responsibility for your own safety. Here are a few tips to help keep yourself safe on the road:

  • Try to be as predictable as possible. If you are trying to cross a street, use a crosswalk if one is available. If not, cross at an intersection where drivers are more likely to expect you;
  • Be as visible as possible. If you are walking at night, try to stay in well-lit areas. If the areas are not well-lit, wear bright colors or reflective materials to increase your visibility to drivers;
  • Always use sidewalks if they are available. If there is no sidewalk, walk as far away from traffic as you can and walk facing traffic; and
  • Be aware of your surroundings. Try not to let your cell phone or other electronic devices distract you. You should also not have headphones or earbuds covering both ears.

A Cook County Pedestrian Accident Lawyer can Help

If you have been involved in a car accident and have suffered injuries as a pedestrian, you may be entitled to financial compensation. Your first step is to contact a knowledgeable Orland Park, IL, pedestrian accident lawyer. At the Fotopoulos Law Office, we understand how catastrophic injuries sustained by a pedestrian can be. We will fight to get you the compensation that you deserve for your pain and suffering. Call our office at 708-942-8400 today to get started and schedule a free consultation.

Sources:

Everyone is a Pedestrian!

Traffic Safety Facts

What Types of Evidence Should I Gather After an Illinois Car Accident?

Getting into a car accident is a scary experience. Not only are you probably emotionally rattled, but you may also be suffering from serious injuries. These injuries may be causing you immense pain and prevent you from working, resulting in lost wages and putting a financial strain on your family. Pursuing a personal injury claim can often be worthwhile, but this can also be tricky. You bear the burden of proof in a personal injury claim, meaning you must provide evidence that the collision happened, that you were injured during the crash, and that the injury has caused you pain and suffering, wage loss, or other damages. In order to prove all of this, it is important to gather the correct evidence after a car accident, including:

Photographs

Photos can be an invaluable part of your case in pursuing compensation for your injuries. After the accident, if you are able to, you should try to take photos of each of your immediate visible injuries. Next, take pictures of the scene of the accident, getting landmarks, street signs, street lights, and the vehicles involved in the accident in the photos. Take as many pictures as you can and take them from different angles to capture as much of the scene as possible.

Personal Notes

It can also help for you to take down some notes to record details of the accident. Write down everything that you remember about the collision. These notes should include the time of day when the accident took place, what you were doing immediately before the accident occurred, and any other details about the crash.

Witness Testimonies

Witness accounts can also be beneficial in creating a case for any injuries you may have sustained. If there were people nearby when the accident occurred, try to get their name and contact information, such as a phone number, at the very least. If you are able to, ask the person to tell you their personal account of the incident.

Police Report

When injury is involved, it is always a good idea to contact the police after a car accident. The police report will contain official information about your account of the accident, the other person’s statement, details about the cause of the collision, and information that any witnesses may have given the police officer. You should be sure to get your own copy of the police report to check its accuracy and to keep for your own records.

Medical Records

If you are pursuing compensation due to an injury sustained from a car accident, it is imperative that you have copies of your medical records following the accident. You should be keeping visit summaries, receipts for prescription medications, and instructions from your doctor about how to proceed with your medical treatment.

Get in Touch With a Cook County Personal Injury Attorney Today

Cars are a wonderful invention, but they can also be dangerous. Getting into an accident is often more than just a blip in your day – it can cause you long-lasting pain and suffering, along with real monetary damages. If you have been a victim of a car accident, you need immediate help from an Orland Park car accident injury lawyer. At the Fotopoulos Law Office, we can help you build a strong case against the person who caused your injuries. To set up a free consultation, call our office at 708-942-8400 today.

Sources:

Preserving Evidence in an Auto Accident