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Can I Get a DUI for Taking Prescription Drugs?
Although DUI is usually associated with drunk driving, Illinois law actually prohibits operating a motor vehicle while under the influence of any drug or controlled substance. This can even include a legal prescription drug. To avoid a DUI conviction, a defendant must prove not only that he or she had a valid prescription, but he or she also used the drug in a manner that did not prevent him or her from driving safely.
Driver Must Prove Xanax did not Impair His Driving
In a recent Illinois case, police arrested a man for DUI after blood and urine tests revealed the presence of alprazolam in his system. Alprazolam, better known as Xanax, is a prescription drug used to treat anxiety disorders. The defendant held a lawful prescription for Xanax, with instructions to take two pills per day.
Under Illinois law, a driver's license is automatically suspended when a blood test reveals the presence of a controlled substance. Here, the defendant challenged his suspension, citing his legal prescription for the Xanax. The trial court actually sided with the defendant and rescinded the license suspension.
What Disability Benefits are Provided by Illinois Workers’ Compensation?
Nobody expects to go to work and become injured, but that is why they are called accidents – you do not know when they are going to happen. All employers in Illinois are required to carry workers’ compensation insurance, which helps both employers and employees if an employee is injured while on the job. Workers’ compensation will cover medical costs related to things such as doctor’s visits, medication, physical therapy, surgery, and hospital stays. In the event that an employee is unable to work during their recovery from their injury, workers’ compensation can provide workers with disability benefits.
Types of Disability Benefits
If you are injured while you are working and are unable to work or do the same work you were doing before, you may be eligible to receive disability benefits during your recovery time through workers’ compensation. There are four types of disability benefits provided by workers’ compensation:
- Temporary Partial Disability: This type of benefit is for employees who have been injured but are still permitted to work light duty on a part-time or full-time basis during their healing period. Because employees who are on light duty may not earn as much as they did prior to the injury, temporary partial disability (TPD) benefits are two-thirds of the difference between their average weekly wage before the injury and their average weekly wage after the injury.
Can I Face DUI Charges Even if My BAC Was Below the Legal Limit?
Being pulled over on suspicion of DUI can be a nerve-wracking experience for many. Even if you were pulled over for something unrelated to your driving, police officers are always looking for signs of impairment behind the wheel. If the police officer has any reason to suspect that you have been drinking or are impaired in any way, they will likely ask you to step out of the vehicle to perform sobriety tests. If you fail the sobriety tests, you will be arrested. Contrary to what some people may believe, you can actually fail a sobriety test even if your blood alcohol concentration (BAC) is below the legal limit. DUI charges are serious in any capacity, so avoiding a conviction is essential.
DUI, BAC’s and Legal Limits
In almost every state in the United States, the legal limit for your BAC while you are driving is 0.08. If your BAC is over 0.08, you are considered to be legally intoxicated. However, most DUI laws are crafted to be open-ended in defining what constitutes a DUI charge. For example, in Illinois, the law states that a person is prohibited from driving or being in actual physical control of a vehicle if their BAC is 0.08 or more. However, the law also states a person commits a DUI if they are driving a vehicle "under the influence of alcohol." This means that you do not have to have a BAC of 0.08 or more to be charged with a DUI.
Should I Allow the Police to Search My Car Without a Warrant?
A good criminal defense lawyer will always tell you two things: Never voluntarily answer police questions - remember, you have the right to remain silent - and never consent to a warrantless search of your car. If you are pulled over on a traffic stop, you must provide the officer with your license, registration, and insurance information. But you do not have to answer any questions, even something basic like, "Where are you going?"
Defendant Faces 12 Years in Jail After "Routine" Traffic Stop
Remember, police are trained to be suspicious. Even in the context of a routine traffic stop, officers are looking for any possible sign of criminal activity, such as DUI or drug trafficking. Mere suspicion, however, does not justify an arrest or even a search of your vehicle.
However, your own statements can negatively impact you. For example, a man was recently sentenced to 12 years in prison after police found more than 27 pounds of marijuana in his car. What makes this case notable is the defendant actually consented to the search of his vehicle after the police officer completed a routine traffic stop and told him he was free to go.
Can My Doctor File a Medical Lien Against My Personal Injury Settlement?
Following a car accident, your first priority is seeking treatment for your injuries. As we all know, medical care is expensive, especially if you lack sufficient insurance. Even a simple accident can lead to thousands of dollars in unpaid bills. Additionally, Illinois hospitals are not shy about collecting on those bills, even if the injured victim has yet to receive any compensation from the parties responsible for his or her accident.
Court Rules Hospital did not Have to Bill Victim's Insurer
Illinois law permits all health care providers - hospitals, doctors, et cetera - to file a lien against "all claims and causes of action" held by an injured person who seeks treatment. In other words, if you are injured in a car accident, the hospital that treats you can legally claim part of any potential personal injury lawsuit that you file. The law limits such medical lien to "reasonable charges" for the care provided, which in no case may be more than 40 percent of the "verdict, judgment, award, settlement, or compromised" secured by the injured victim.
Can the Type of House You Live in Affect Your Constitutional Rights?
Most drug crime cases in Illinois involve police searches, and the Fourth Amendment to the U.S. Constitution requires the police to obtain a warrant for most searches. In its broadest terms, the Fourth Amendment protects our right to privacy. However, this presumes that we had a reasonable expectation of privacy in the first place.
For example, if a police officer walks into your house and starts looking around, that would clearly be a violation of your privacy. Yet suppose you live in an apartment building and an officer searches the lobby, which is unlocked and accessible to the public. Illinois courts have said such searches of "common areas" do not require a warrant because there is no reasonable expectation of privacy.
Still, even within an apartment building, there are limits to how far the police can go. In a 2016 case, the Illinois Supreme Court held that police could not conduct a warrantless search outside an apartment door that was "located within a locked apartment building." The court said the fact that public access was restricted to the hallway leading up to the defendant's door was critical.
What You Should do if Your Teen has Gotten Into a Car Accident
Teenagers are one of the most car accident-prone groups in the country. According to the National Highway Traffic Safety Administration, there were more than 3,200 teen drivers ages 15 to 19 involved in fatal traffic crashes in 2017 and more than 2,500 were killed. Car crashes are still the leading cause of death for teenagers in the U.S., with many of the crashes being caused by distracted or other types of impaired driving. A car accident can leave you with thousands of dollars worth of damages and your teenager with serious injuries or even criminal charges, depending on the situation. Here are a few steps you should take if your teen has gotten into a car accident:
- Call Emergency Services Immediately: For many teenagers, their first instinct after they get into an accident is to call their parents. While this can be relieving for you, you also need to make sure that emergency services are called. Either you or your teen needs to call 911 immediately, even if injuries are not serious. Calling 911 will dispatch police and ambulances if needed.
Claiming Compensation When a Loved Dies due to Negligence
For most people, the most difficult thing they will have to deal with at some point in their lives is the loss of a loved one. The most tragic deaths are those that occur to people before their time or at the fault of another person. In some of these cases, Illinois gives family members the right to file a wrongful death claim, which can help recover some of the expenses associated with an unplanned death and the loss of the deceased from their lives. Though no lawsuit can bring back a loved one, a wrongful death lawsuit may be able to help lessen the financial burden that the family may be facing.
What is a Wrongful Death Lawsuit?
When a person commits a negligent or intentional act that causes another person to die, this is called a wrongful death accident. A wrongful death lawsuit is a claim that the deceased’s representative or family member files in order to recover money from the person who caused the accident. Typically, wrongful death lawsuits award damages to the deceased’s family that the deceased would have been able to recover in a personal injury case if he or she was alive.
Understanding Personal Injury Claims for Catastrophic Injuries
Suffering an injury is a stressful experience, no matter the injury you have sustained. Many everyday situations such as car accidents, work accidents or even freak accidents can cause multiple types of injuries, ranging from minor scrapes and bruises to more severe injuries such as brain or spinal injuries. Whatever the accident, there is always the risk of a more serious, catastrophic injury, which is much more consequential than something you will recover from completely. Depending on the situation, sustaining a catastrophic injury may allow you to recover compensation from the responsible parties.
What is a Catastrophic Injury?
The definition of a catastrophic injury varies depending on the source you are getting your information from. For the most part, catastrophic injuries can be considered injuries that have serious consequences and permanently alter the person’s life or quality of life. Examples of catastrophic injuries can include:
Can I be Convicted of a Drug Crime Even if I Have no Drugs on Me?
If the police conduct a lawful search and find drugs on your person - i.e., in your coat pocket - you can be charged with illegal possession of a controlled substance. However, even if you are not actually carrying any drugs, you may still be convicted of a crime if you had "constructive" possession of narcotics.
Constructive possession means that drugs are found in an area determined to be under your control.
The Elements of Constructive Possession
Constructive possession generally requires the state to prove two factors beyond a reasonable doubt:
- You had knowledge that the drugs were present in the location they were found;
- You had "immediate and exclusive" control over that area.
For example, say you live alone in an apartment. The police search the premises and find marijuana on the dining room table. It is a pretty safe bet you will be convicted of constructive possession even if you were not physically holding a joint. A jury can easily infer the drugs belonged to you.
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