Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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December 2016 Archives

Implied consent laws in Illinois

When Illinois residents obtain a driver's license, they consent to submit to toxicology testing when ordered to do so by a law enforcement officer. An officer may make this request either before or after taking a motorist into custody on suspicion of operating a vehicle under the influence of either alcohol or drugs. However, officers must issue the driver in question a traffic citation and be able to establish that they had probable cause to believe that they were intoxicated before making the request. Probable cause may be established by the driver's demeanor or their performance during field sobriety exercises.

Illegal drug cultivation and manufacturing

In Illinois and throughout the United States, it is illegal to cultivate or manufacture illegal drugs like marijuana and methamphetamine. The only limited exception in some states is in regards to marijuana. Violating cultivation and manufacturing laws could lead to serious state and/or federal charges.

How synthetic drugs are treated under the law

Illinois residents may have heard of synthetic drugs like spice or bath salts. These compounds are created by altering the chemical composition of a drug in an effort to create a legal substance. However, new synthetic drugs are generally declared illegal once they are discovered. In some cases, it may be legal to possess substances that mimic the look or effect of an illegal drug even though it may be illegal to sell them.

NFL player charged with DUI hours after losing game

Chicago Bears fans likely know of Arizona Cardinals receiver Michael Floyd. On Dec. 11, Floyd played for the Cardinals in a loss against the Miami Dolphins. Just hours traveling back from Florida after the game, he was taken into police custody and charged with two counts of drunk driving .

Authorities seize $8.6 million worth of drugs, cash and weapons

Illinois authorities recently seized $8.6 million worth of illegal drugs as part of a nearly three-year investigation, according to a public announcement released Dec. 1. The drugs were seized Nov. 22 after a search warrant was executed on a home in Rockford by officers with the Rockford narcotics unit in conjunction with officers with the DEA's Rockford task force.

Legal standard of proof for DUI traffic stops

Chicago motorists who find themselves facing drunk driving charges following a traffic stop may want to gain a better understanding of the role that reasonable suspicion might play in their case. When there is reason to suspect that an individual may have been involved in a crime, this legal standard of proof is what allows a law enforcement official to briefly detain the individual without violation of that person's Fourth Amendment rights.

The dangers of false drug tests

Illinois truck drivers may benefit from keeping any baking soda or similar-looking substances in sealed containers if they plan to transport large quantities. Two truckers were arrested and jailed after a significant misunderstanding with military authorities. One of the drivers had purchased bags of baking soda for personal use, and when they requested entrance to Fort Chaffee in Arkansas, they were stopped and searched by guards.