Archive for the ‘Illinois Drug Offenses’ Category

DUI Cannabis and Sobriety Tests Hard to Prove

May 28th, 2014 at 11:32 am

If arrested for DUI Cannabis and given a sobriety test, you might be able to pass even if you are high as a kite, according to an article in the New York Times. The article cites to several studies that support that alcohol-based field sobriety tests are not valid for proving someone is under the influence of cannabis. Her are some excerpts:

If you are pulled over on suspicion of drunken driving, the police officer is likely to ask you to complete three tasks: Follow a pen with your eyes while the officer moves it back and forth; get out of the car and walk nine steps, heel to toe, turn on one foot and go back; and stand on one leg for 30 seconds.

“In a 2012 study published in the journal Psychopharmacology, only 30 percent of people under the influence of THC, the active ingredient in marijuana, failed the field test. And its ability to identify a stoned driver seems to depend heavily on whether the driver is accustomed to being stoned.

“A 21-year-old on his first bender and a hardened alcoholic will both wobble on one foot. But the same is not necessarily true of a driver who just smoked his first joint and the stoner who is high five days a week. In another study, 50 percent of the less frequent smokers failed the field test.

Photo

Tommy Chong and Cheech Marin in the film “Up in Smoke.” In one study, only 30 percent of drivers who had smoked marijuana failed a sobriety test. Credit: Everett Collection

“A 2007 study found that 12 percent of the drivers randomly stopped on American highways on Friday and Saturday nights had been drinking. (In return for taking part in the study, intoxicated drivers were told they would not be arrested, just taken home.)

Six percent of the drivers tested positive for marijuana — a number that is likely to go up with increased availability. Some experts and officials are concerned that the campaign against drunken driving has not gotten through to marijuana smokers.

The article continues:

“Still, it is clear that marijuana use causes deficits that affect driving ability, Dr. Huestis said. She noted that several researchers, working independently of one another, have come up with the same estimate: a twofold increase in the risk of an accident if there is any measurable amount of THC in the bloodstream.

“There is a lot of debate about how best to prove that drivers under the influence of THC are too intoxicated to drive. Blood-alcohol content can be reliably tested on the side of the road with a Breathalyzer, and ample data link rising levels of blood alcohol to decreases in driving skills. The same is not true for marijuana.

“THC levels must be measured from blood or urine samples, which are typically taken hours after an arrest. Urine tests, which look for a metabolite of THC rather than the drug itself, return a positive result days or weeks after someone has actually smoked. Yet most states have laws that equate any detectable level of THC metabolite in urine with detectable levels of actual THC in blood, and criminalize both. Only six states have set legal limits for THC concentration in the blood. In Colorado and Washington, where recreational use has been legalized, that limit is five nanograms per milliliter of blood, or five parts per billion.

Illinois will need to prepare for this challenge. Present law on the subject states that field sobriety tests ARE proof of impairment from alcohol; a declaration made by uninformed legislators who were misled by the lobbyist who drafted the bill. No doubt, legal challenges will arise from this law, but we are likley stuck with it because the lobbying industry was more concerned about their own money fortunes than the rights of the motoring public.

Retired Judge Can Defend DuPage Drug Arrest Cases for Trafficking

April 10th, 2014 at 5:18 pm

Judge Perry Thompson (retired) accepts cases involving DuPage drug arrests or trafficking

Judge Perry Thompson (retired) accepts cases involving DuPage drug arrests or trafficking

If you or a loved one has been arrested for a DuPage Drug arrest or drug trafficking, consider hiring Retired DuPage Felony Judge Perry Thompson. These type of cases occur in Du Page County on a frequent basis, and Judge Thompson’s past experience presiding over these cases can assist. Here is a typical case as reported in the Daily Herald:

DuPage County prosecutors Wednesday announced the first three arrests of what they are calling a “larger, ongoing investigation into drug trafficking” throughout the county.

Three men, whom drug agents have been secretly tracking and buying drugs from for months, were arrested late Tuesday during separate traffic stops in undisclosed locations.

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Assistant State’s Attorney Kevin Laude said during Wednesday bond hearings for the men that agents have been intercepting phone calls, tracking cellular phone calls and using surveillance to monitor meetings among the men.

During the course of 20 meetings, prosecutors said, undercover agents purchased more than 800 grams of cocaine from the men and recovered more than $1 million in cash.

Guillermo Trejo, 32, of Cicero and Jose Paz Trejo, 44, of Stone Park each are being held on $750,000 bond. Bond for Cesar Alberto Trejo, 21, also of Stone Park, was set at $500,000.

Cesar Trejo is charged with two counts of delivery of a firearm before the 72-hour application waiting period, one count of criminal drug conspiracy to manufacture or deliver more than 15 and less than 100 grams of cocaine, and one count of criminal drug conspiracy to manufacture or deliver more than 100 but less than 400 grams of cocaine.

Guillermo Trejo is charged with the sale of a firearm before the waiting period and one count of criminal drug conspiracy to manufacture or deliver more than 15 and less than 100 grams of cocaine.

The man accused of being the ringleader and the investigation’s target, Jose Paz Trejo, is charged with two gun counts, five counts of criminal drug conspiracy to manufacture or deliver more than 15 and less than 100 grams and two counts of criminal drug conspiracy to manufacture or deliver more than 100 but less than 400 grams of cocaine.

The are due in court at 9 a.m. on April 22.

911 Dispatcher Arrested for DUI, Drug Possession

January 19th, 2014 at 10:29 am

 DUI & Drug Possession IMAGEA 911 dispatcher in Chicago, 36-year-old Matthew Stehney was arrested for DUI after an afternoon of watching football, according to DNAinfo Chicago. Stehney was “found ‘slumped over the wheel’ in a running car by police in the 2700 block of South Damen Avenue,” according to a police report and reported by DNAinfo. When police woke him up, Stehney had “glassy-bulging-bloodshot eyes,” and Stehney then proceeded to try to talk his way out of the arrest. According to DNAinfo, he told police he was “one their team” and “begged” for another chance. The police report stated that, “he pleaded nonstop for another chance, saying it would not happen again.” When Stehney was taken in police found a baggie with cocaine in it in his pocket. He has been charged with DUI and drug possession, according to DNAinfo.

With drug use rates increasing across Illinois, the number of people arrested for DUI who also end up with drug possession charges will likely increase as well. In Los Angeles this year, according to the LA Times, police introduced a new oral swab drug test that was first used at checkpoints over New Year’s. “Prosecutors said the eight-minute, portable oral fluids test could eventually become a more effective use of resources in drugged-driving cases,” reports the LA Times. The swab tests for cocaine, methamphetamine, and THC, among other substances.

Even if a person is a first-time DUI offender in Illinois, he is likely to lose his license for some time. For failing chemical testing, according to the 2014 Illinois DUI Factbook, a person automatically has his driving privileges suspended for six months. If a person fails to submit to chemical testing his license will be suspended for up to a full year. According to the 2014 DUI Factbook, “a driver may request a judicial hearing to challenge a statutory summary suspense… within 90 days after the notice date.”

If you or someone you know has been charged with DUI or drugged driving in the Chicagoland area, the most important thing you can do is seek legal counsel. Contact Ramsell & Associates today.

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