Being pulled over, no matter the reason, is always an unnerving experience. If you are pulled over under the suspicion of driving under the influence (DUI), it is possibly one of the most serious crimes a driver can face when it comes to breaking the law behind the wheel. The crime is severe, and the consequences can be tragic, especially when the offense could have been prevented entirely by taking a cab home or calling for help.

You Must Make a Choice

If you are an Illinois driver who has been pulled over due to suspicion of operating under the influence, one of the first things you can expect to face upon arrest is a breathalyzer test. Although you are confronted by law enforcement to submit to this test, it is up to you to refuse or submit. You have the right to make a choice. It is important to note, however, that many criminal defense attorneys encourage their clients to refuse to submit to the test, due to one major advantage: By refusing, you are preventing yourself from potentially failing it, which can ultimately help you in a court of law. It is important to consult with a qualified attorney if you refuse a breathalyzer test.

Your Driving Privileges are Impacted Immediately

When you are pulled over, the arresting officer typically begins by asking you to submit to a field sobriety test. They first ask for your license, registration, proof of insurance, and practice other standard forms of protocol. If during these steps the officer discovers probable cause to arrest you, he or she will escort you to jail.

In general, if you decide to refuse the breathalyzer test, your license will be automatically suspended for 12 months. Any second or subsequent offense will result in a three-year suspension period. Your license suspension counts separately from other applicable criminal penalties. For example, under prosecution in a court of law, you may be required to pay various fines and serve jail time.

You Need to Consult With an Attorney

The moment you are accused of driving under the influence, consulting with a professional criminal defense attorney is one of the most beneficial decisions you can make. A skilled, competent DUI attorney has the knowledge and the know-how to explain your rights and to protect your best interests. If you have been arrested for DUI, contact our Orland Park criminal defense lawyer today for a free consultation.

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Illinois Compiled Statutes

DUI Information for Adults

Cyber Drive Illinois

Police officers are tasked with protecting our communities. However, as with any person of authority, laws exist to direct how and when police officers can use their power. One of these constraints involves the concept of “probable cause.” In order to pull over a motorist, a police officer must have a good reason for doing so. If you are facing charges for driving under the influence (DUI), and the officer who arrested you did not have probable cause to pull you over, your case may be dismissed.

Reasonable Suspicion of a Crime

To legally pull someone over, a police officer must have a reasonable suspicion that the person has broken the law or soon will. The term “reasonable” in this context means that most officers of average training and experience would conclude that illegal activity has occurred or is about to occur. In order for a DUI arrest to be legally warranted, it must be reinforced by probable cause. Put another way, there must be some type of evidence that justifies the belief that the driver was intoxicated.

Some of the common reasons police officers pull over motorists and make DUI arrests include:

• Traffic violations like speeding, illegal lane changes, or reckless driving. A traffic violation of any severity gives police justification to conduct a traffic stop. Some DUI arrests occur after an officer notices warning signs of intoxication, such as the smell of alcohol on the motorist’s breath, bloodshot eyes, and slurred speech.
• Traffic accidents. Anytime a car accident involves property damage or injuries, the police should be called. An officer may discover evidence of drunk driving while investigating an accident.
• Poor driving. If a motorist is driving erratically, swerving, driving very slowly, or making sudden and frequent lane changes, a police officer is justified in pulling this motorist over.
• DUI testing. If a motorist fails a field sobriety test or chemical sobriety test, they will probably be arrested for a DUI. Although motorists have the right to refuse a roadside breath alcohol test like a Breathalyzer, doing so will likely result in an arrest. Refusing a blood alcohol test after being arrested will result in the suspension of one’s driver’s license.

Illegal Stops and Driving Under the Influence Arrests

If evidence was unlawfully obtained by police or prosecutors, a criminal defendant may argue to have it suppressed. The “exclusionary rule” obliges the court to dismiss any evidence acquired after an illegal police stop – including the results of a sobriety test. In some cases involving unjustified traffic stops in which an officer did not have probable cause, the charges against the criminal defendant may be dropped entirely.

Contact an Orland Park DUI Defense Attorney Today

If you are facing DUI charges, contact an experienced Tinley Park criminal defense attorney at Fotopoulos Law Office. Call 708-942-8400 to schedule your free, confidential consultation today.

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Probable Cause

Illinois Compiled Statutes

Medical malpractice involves more than a physician’s negligence. A doctor can be held liable if he or she fails to inform the patient about the “general nature” of a procedure and the patient is subsequently injured. Informed consent in this context includes explaining the “risks involved, the prospects of success, the prognosis if the procedure is not performed, and alternative treatments.”

Court Reinstates Malpractice Claim Over Child Injured During Delivery

Informed consent often comes up when dealing with birth injuries. There are cases where a doctor fails to properly warn an expectant mother of the risks of natural childbirth. As a result, the child may be injured during delivery and suffer lifelong consequences.

A recent Illinois appellate court decision addresses the exact issue. In this case, a now-11-year-old child was injured during natural childbirth. Specifically, the child suffered what is known as shoulder dystocia. This is where a newborn’s shoulder essentially gets stuck during delivery and requires manipulation. In some cases, dystocia causes permanent injury to the child. Sadly, that was the case here, as the child sustained a clavicle fracture and “extensive” nerve damage.

The parents filed a medical malpractice lawsuit on behalf of their child. They alleged the obstetrician who delivered the child was negligent by failing to properly inform them about the increased risk of shoulder dystocia given the child’s “increasing weight” prior to birth. The mother maintained that she would have opted for a Cesarean section had it been presented as an option.

The case proceeded to trial, but after the plaintiffs rested, the judge granted the defendant’s motion for a partial directed verdict on the issue of informed consent. The parents appealed to the Illinois Fourth District Appellate Court, which agreed with them that the directed verdict was improper. The Appellate Court returned the case for re-trial.

The defendant – and the trial court – said the parents had to offer “expert testimony” to prove that a “reasonable person” in the mother’s position “would not have opted for a vaginal birth” if that had been presented as an option. The Fourth District disagreed. While expert evidence is generally required to establish a physician’s negligence and the “causal connection” between said negligence and a victim’s injury, the Appellate Court said there was little value to an expert’s opinion as to how a “reasonable person” would react “when faced with various medical options.” Indeed, the Appellate Court said such testimony was not “relevant or admissible.”

Call an Illinois Personal Injury Lawyer Today

A birth injury is a serious matter. You and your child may face a lifetime of medical bills and special care requirements as a result of a physician’s negligence. This is why it is important to take immediate action. Call the Fotopoulos Law Office, today if you need to speak with an experienced Orland Park medical malpractice attorney who can help you and your family fight for the compensation you deserve.

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Illinois Official Reports

Drug crime cases often begin with seemingly routine traffic stops. Illinois law enforcement officers may use a minor traffic crime, such as speeding, as a pretext to stop and search a vehicle suspected to contain evidence of illegal drug activity. While the Constitution is supposed to protect all citizens against “unreasonable” searches, in practice there are a number of loopholes that judges allow police to exploit.

Court Reinstates Drug Charge After Questionable Search

One recent Cook County drug case, which is still pending, began with an unverified “tip” from an unidentified informant. Someone allegedly informed a Drug Enforcement Agency (DEA) agent in San Diego that a woman was illegally transporting drugs to Chicago. This agent then told his counterparts in Chicago.

Federal and local officials working as part of an anti-drug task force at O’Hare International Airport traced the woman, identified by the San Diego agent, to a nearby hotel. They watched the woman enter one of the hotel rooms with a black bag. A short time later, the defendant and another woman entered the room. They then exited the room with the defendant carrying the black bag.

The defendant and his associate got into a car and drove away. Law enforcement followed. Two Chicago Police Department officers, acting in concert with the task force, then stopped the car on the grounds that it was “traveling too fast for conditions.”

Police removed the defendant from the car, handcuffed him, and detained him in the back of a police car. Meanwhile, police said the defendant’s female associate consented to the search of her car. A police dog sniffed the black bag and “gave an alert for the presence of narcotics.” The police searched the bag, which contained methamphetamine, and consequently the defendant was charged with a crime.

In court, the judge threw out the case against the defendant. The judge determined the police had unlawfully arrested the defendant – handcuffing and placing him in the police car – before they had “probable cause” that he had committed a crime. In other words, the police arrested the defendant before discovering the drugs.

Unfortunately, an appeals court saw things differently. The First District Appellate Court reversed the trial court’s decision and ordered the defendant to stand trial. The First District rationalized the defendant was not actually under arrest when the police searched the bag – even though he was handcuffed and placed in a police car. Instead, the defendant was merely “detained” as part of a “valid investigatory stop.” And since the police had a “reasonable articulable suspicion that the defendant was involved in criminal narcotics activity,” and the original traffic stop was legal, that made the search acceptable. The defendant has been charged with illegal possession of methamphetamine.

An Illinois Drug Crimes Attorney Can Help

If you find yourself caught up in any type of drug case, it is essential that you speak with an experienced Orland Park criminal defense attorney as soon as possible. Contact the Fotopoulos Law Office to schedule your consultation today.

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Illinois Official Reports

In the past couple of years, law enforcement officers and legislative officials have focused more attention on hate crimes. More time, energy and resources have been put into thorough investigations of hate crimes, and laws have been made even more strict than before. In Illinois, officials do not have a tolerance for hate crimes and often punish offenders to the fullest extent of the law. Though every situation is different, a hate crime committed in Illinois is charged as a felony offense, which means you face serious consequences if you are convicted. Dealing with accusations of a hate crime can be daunting, which is why retaining counsel from a skilled Illinois criminal defense attorney is crucial.

What is Hate Crime?

In simple terms, a hate crime occurs when a person commits a crime against another person or group of people because of that group or person’s perceived race, color, religion, gender, sexual orientation or physical or mental disability. Often, the type of actions that are committed against people in a hate crime is violent in nature and can include crimes such as:

• Assault or aggravated assault
• Battery or aggravated battery
• Intimidation
• Stalking
• Theft
• Criminal trespassing
• Criminal damage to property
• Disorderly conduct
• Harassment through electronic transmission

Illinois Sees Rise in Hate Crimes, Despite National Drop

Sadly, hate crimes are not uncommon in Illinois. In fact, Illinois saw an increase in the number of hate crimes that occurred between 2017 and 2018, while national statistics saw a slight decrease. Nationally, hate crimes dropped from 7,171 in 2017 to 7,120 in 2018. Illinois, however, saw an increase from 89 hate crimes committed in 2017 to 125 in 2018.

Consequences for a Hate Crime Conviction

You face serious penalties if you are convicted of a hate crime in Illinois. At its base, a hate crime is charged as a Class 4 felony for a first offense, meaning you face a minimum of one year and a maximum of three years in state prison and up to $25,000 in fines. A second or subsequent conviction of a hate crime will result in a Class 2 felony, meaning you face three to seven years in state prison.

A sentence of probation or conditional discharge is also possible if you are convicted of a hate crime, though there are stipulations to that type of sentence. If you receive probation or conditional discharge, you will be required to perform a minimum of 200 hours of community service and enroll in a certified educational program that is designed to educate you about the status of the victim of the hate crime and discourage you from further hate crimes.

A Knowledgeable Cook County Hate Crime Defense Lawyer Can Help

Being accused of a hate crime is a very serious situation, but being convicted of a hate crime is even more serious. If you are convicted of a hate crime in Illinois, you will then be labeled as a felon and be subject to all the penalties that come along with that. At the Fotopoulos Law Office, we understand the gravity of a hate crime accusation and will fight for your innocence. Call our skilled Tinley Park, IL, hate crime defense attorneys today at 708-942-8400 for a free initial consultation.

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Hate Crimes Rise In Illinois

(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)

Incidents and Offenses