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Alcohol and Minors: Never a Good Mix in Illinois

 Posted on June 10, 2023 in Uncategorized

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It is not uncommon for teenagers to get in trouble with the law. When they do, the offenses they are known for committing are usually minor, yet serious offenses like theft, vandalism and traffic violations. One of the most common reasons teenagers get in trouble with the law is because of alcohol-related offenses. In all 50 states and the District of Columbia, you are required to be at least 21 years old to legally possess, purchase and/or consume alcohol. If you are caught drinking while under the age of 21, or if you are caught providing alcohol to someone under the age of 21, you could be facing serious fines and other consequences that could follow you for the rest of your life.

Possession or Consumption of Alcohol by a Person Under the age of 21

In Illinois, consequences of underage drinking vary, but the person will likely be charged with a Class A misdemeanor. This means the person could face up to one year in jail and up to $2,500 in fines. Additionally, that person’s driving privileges will be affected. If they receive court supervision, their license will be suspended for three months. If they are convicted, their license will be suspended for six months.

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Can I File a Lawsuit if I get Sick from Eating a Food Product?

 Posted on May 26, 2023 in Uncategorized

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When you purchase food at a restaurant or grocery store, you should be able to expect that the product is safe to eat. Even though there are stringent inspection processes for food in the United States, sometimes there is still food on the market that can pose a health threat to those who consume it. There are hundreds of different types of foodborne diseases that can be caused by bacteria, viruses, and parasites, most of which can be prevented through proper storage, handling and cooking. If you get sick from consuming food from a restaurant or grocery store, you may be able to hold the manufacturer or supplier responsible.

Recent Listeria Outbreak Prompts Recall

Last week, Almark Foods issued a recall on all of its hard-boiled egg products over concerns of listeria contamination. The Food and Drug Administration linked the hard-boiled egg products that were produced from the company’s Gainesville, Georgia, plant with a listeria outbreak that affected people from five different states and killed one person in Texas. The egg products were sold under various brand names and at various retailers, including Trader Joe’s, Giant Eagle, Kroger, and Walmart.

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Do not get Caught Driving With a Suspended or Revoked License

 Posted on May 16, 2023 in Uncategorized

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Illinois law provides for a variety of ways that you could lose your driving privileges, some of which may not even be related to driving at all. Fleeing from a police officer, incurring too many traffic violations, not paying traffic tickets or even not paying child support can result in a driver’s license suspension or revocation. Perhaps one of the most common reasons why a person loses their license is because they were arrested or convicted of driving a vehicle while under the influence of drugs or alcohol. In Illinois, DUI convictions are serious and the penalties are too. Not only do you face jail time and expensive fines, but you also face losing your driving privileges. What can be just as serious, however, is driving with a suspended or revoked driver’s license.

Criminal Charges for Driving With a Suspension or Revocation

Many people believe that driving while your license has been suspended or revoked is punished simply as a traffic ticket. In reality, if you are caught driving with a suspended or revoked license, you will be charged with a criminal offense, which is much more serious than just getting a ticket. If your license is suspended or revoked because of a DUI charge, the following penalties apply:

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How Failing a Field Sobriety Test Can Lead to a DUI Charge

 Posted on May 04, 2023 in Uncategorized

When an Illinois police officer suspects you of DUI, you may be asked to take one or more field sobriety tests. By law you do not have to agree to such tests. Moreover, if you take a test and "fail," based on the officer's judgment, it may be used against you as evidence in court.

Court Rejects Peoria Officer's Arrest Based on HGN Test

However, not all field sobriety tests are afforded the same weight by judges. Nor does failure necessarily prove that you were intoxicated above the legal limit in Illinois. Therefore, it is important to challenge any test result that may be inaccurate or improperly administered by the police.

Consider a recent DUI case from Peoria County. The defendant was riding his motorcycle when he crashed. A local police officer responded at the scene and cited the defendant for numerous traffic violations and charged him with DUI.

The basis for the DUI arrest was a common field sobriety test known as a Horizontal Gaze Nystagmus (HGN). You have probably seen this test before: It is when a police officer flashes a penlight in your eyes and asks you to follow the light as it moves. Normally, if you look sideways at an angle greater than 45 degrees, your eyes automatically twitch. But if you have alcohol in your system, a twitch can occur when the light is held at less than a 45-degree angle.

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How Does The use of Weapons Change Illinois Assault and Battery Charges?

 Posted on April 25, 2023 in Uncategorized

Some of the most serious types of crimes are those that involve harming another person in some way, such as assault or battery. Some people may think they mean the same thing, but they are actually two different charges that are often committed together. As with many other crimes, assault and battery charges can change in severity depending on whether or not weapons were used in the commission of the crime. In almost all cases that involve the use of a weapon during an assault or battery, the crime is considered to be "aggravated" and the consequences are increased.

Weapons and Aggravated Assault

Assault occurs when you do something that causes another person to believe that you will physically harm them. When the assault involves the use of a weapon, this is considered an aggravated assault. If you use a weapon during the assault and you do not discharge that weapon, you will be charged with a Class A misdemeanor, which can result in up to one year in prison and up to $2,500 in fines. If you do discharge the weapon, you will be charged with a Class 4 felony, which can result in up to three years in prison and up to $25,000 in fines.

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Defending Against Assault and Battery Charges: Claiming Self Defense

 Posted on April 11, 2023 in Uncategorized

One of the most common defenses people use when they are fighting assault and/or battery charges is claiming that they were acting in self-defense. In some situations, this may be a legitimate defense, but many people do not realize that there are certain elements that must be proven if you want to succeed with a claim of self-defense.

Illinois recognizes that there are certain situations that citizens may be put into that require the use of force against another person. Because of this, there are stipulations in the Criminal Code of 2012 that allow a person to use force against another person, as long as it is legally justifiable. If you plan to use self-defense as your claim against assault and/or battery charges, you need an attorney who has experience with self-defense claims.

Illinois Self Defense Laws

The Illinois Criminal Code of 2012 states that people can legally use force against others if they reasonably believe that the use of force is necessary to protect themselves or someone else against a person’s use of unlawful force. This means that you are permitted to use force against another person as long as it was actually necessary and you had no other way of protecting yourself.

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Five Steps You Should Take After You are Injured at Work

 Posted on April 05, 2023 in Uncategorized

An injury can happen anywhere, at any time – even while you are at work. Though certain industries and professions can pose more of a risk to employees, any worker can be injured through a variety of ways. Work injuries can range from a superficial cut to loss of a limb and, in some cases, even death. The decisions that you make after you are injured at work can affect the outcome of your workers’ compensation claim, which is why it is important that you take the right steps. Here are a couple of steps that every injured worker should take if they have been hurt at work:

1. Report Your Injury Right Away

One of the first things you should do after you are injured at work is to report your injury to your employer. While it does not have to be the absolute first thing you do, it is imperative that you report your injury as soon as possible. You cannot file a workers’ compensation claim and receive benefits if you do not report your injury.

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Understanding Marijuana DUI Charges in Illinois

 Posted on April 04, 2023 in Uncategorized

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.

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

 Posted on March 24, 2023 in Uncategorized

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

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

 Posted on March 20, 2023 in Uncategorized

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.

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