John W. Callahan, LTD.

Chicago Criminal Defense Lawyers

What can be presumed in a DUI case?

For Illinois drivers, drunk driving charges have severe consequences. However, proving these cases is not a slam dunk and requires specific proof.

Under the law, drivers are considered under the influence of alcohol when their mental or physical abilities impair their ability to think and act with ordinary care. A driver may be convicted of this offense regardless of the amount of alcohol that was consumed.

Arlington heights DUI arrest

Have you been arrested for a DUI in Arlington Heights recently? As an experienced DUI lawyer for the past 18 years, I have been helping people who have been arrested in the Arlington Heights in Schaumburg areas fight their DUI charges. What is the most important thing you should do after being arrested for a DUI Arlington Heights or Schaumburg? The first thing you should do upon being arrested in the Northwest suburbs for a driving under the influence of alcohol charge is to retain an attorney who can file the proper documentation to prevent your license from being suspended.What many people do not understand is that the longer you wait to file the petition to contest the suspension in court the lower the chance you have of actually beating the suspension and obtaining a successful outcome of your case. It is true that most people are eligible for the driving permit but if you do not contest the suspension there will always be a fixture on your permanent record with the Secretary of State.If you are interested in beating the suspension or you will have great difficulty with your job if your license is suspended for driving under the influence of alcohol charge, you should feel free to contact the experienced DUI defense law firm at John W Callahan, Ltd. If you have any questions, you should feel free to contact us at anytime day or night.
- Posted by Schaumburg and Arlington Heights DUI lawyer John W Callahan

Being wrong may be right enough for search

The U.S. Constitution's Fourth Amendment protects citizens against an unreasonable search and seizure and requires reasonable suspicion for stopping a person. However, a search or seizure may be permissible even though the justification for the stop includes a reasonable factual mistake. For example, according to the U.S. Supreme Court, the police may stop a motorist for traveling alone in a high-occupancy vehicle lane even though there were two children riding unseen in the car's back seat.

However, police officers may also stop a person even if they make a reasonable mistake of law. The Supreme Court has determined that a mistake of law is akin to a reasonable factual error. If the police is reasonably mistaken about one or the other, the end result is the same for both errors. The facts are outside the scope of the law.

Chicago Police Superintendent: Shift focus to gun vs. drug laws

Even though the "War on Drugs" is a decades-old idea, it still does feel as though Chicago and the U.S. overall is fighting the classic (and seemingly out-dated) battle. NPR recently did an interview with Chicago Police Superintendent Garry McCarthy in which the seasoned law enforcement worker shares some strong ideas about the prioritizing of drug crimes in Chicago over gun crimes. 

It is no secret that gun crimes and related violence is an important, hugely timely topic not only in the area of Chicago but country-wide. McCarthy argues that by focusing so much on and designating such strict enforcement to certain drug crimes, we are left with a more dangerous community.

Justice reviews corporate prosecutions

Corporations are a legal person which, like individuals, may be prosecuted for crimes. However, individuals within that corporation may have committed crimes such as money laundering or fraud that pose criminal liability to the business because corporations act only through their employees and officers. Corporate governance and structure may nonetheless shield or insulate the individuals liable for these criminal acts.

In September, the U.S. Department of Justice issued a memorandum announcing that it would hold individuals liable for corporate crimes. It also released the six steps that it would utilize to investigate and prosecute crimes, and to pursue civil enforcement actions.

Ignition interlock devices not punishing enough?


One of the strangest elements of American criminal justice practice is that some policies or strategies are often minimized because they are viewed as not being sufficiently punitive. Take the problem of drunk driving. No one who studies the issue believes it to be a minor problem, but it is typically viewed as "crime and punishment" issue and not a public health issue.

Woman charged with DUI may be sunk by Periscope


Social media and cellphones have had a significant impact on many aspects of the legal system. The constant presence of cellphones and the ubiquity of Facebook lead many people to forget that they are creating a record of their activity for the entire world to see.

Selling pink Cub's hats a felony?


Most people have heard of felony crimes, but many may not really know what distinguished a felony from a misdemeanor charge. The technical difference is simple. A felony is any charge where the potential sentence can exceed one year's time. So, a misdemeanor is by definition, are all crimes with sentences less than a year.

Illinois some multiple-DUI drivers can regain license


Drunk driving presents a real problem. No one wants to be on the road with an intoxicated driver. Most likely, even drivers who are operating a vehicle while their blood alcohol content (BAC) is above Illinois' legal limit, were they sober, would be uncomfortable with their own driving. They probably know that many of those killed in alcohol-related crashes are the intoxicated drivers.

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