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When an officer pulls over a driver for suspected drunk driving, he or she makes no distinction over whether the suspect is male or female. The decision to charge a suspect with DUI stems from a variety of factors, such as a breathalyzer, blood alcohol test, or behavior indicators. If the breathalyzer returns a blood alcohol concentration number of 0.08 percent or higher, charges are likely to follow.
However, research shows that women are more likely than men to incur a DUI charge when drinking the same amount of alcohol.
Explanation of Functional Tolerance
Alcohol affects everyone differently, which is the result of a variety of elements that have little to do with whether someone is a “lightweight” when it comes to handling his or her alcohol. Having a functional tolerance to alcohol may enable a person of the same sex, weight, and age to have the same amount of alcohol but perform at a higher functioning level, which may prevent an initial traffic stop; when comparing breathalyzers, an equal BAC results in identical charges.
As technology advances, our lives seemingly become easier. We track our movements and sleep habits with products like Fitbit. We run searches, order new bedding, and schedule appointments by the sound of our voice using Siri and Alexa. Even hearts have technological assistance from pacemakers. Yet while these devices simplify our daily activities, they also simplify investigations for police officers. Your smart technology can and will be used against you in a criminal case.
Pacemakers
As one man discovered in 2016, the ever-present “Big Brother” has a location inside of pacemakers as well. According to the man, he was asleep when his Ohio home caught on fire. He quickly packed a suitcase with clothes, several other bags with various items, his computer, and a charger for his medical device. He then used his cane to break a window, toss out the belongings, and flee the burning home. The police became suspicious of the man when his story changed details. Additionally, both he and his house smelled of gasoline, and the fire had multiple starting points, which is highly unusual. Police retrieved data from the suspect’s pacemaker which, after medical analysis, did not match up with the man's version of what happened. The case is still awaiting trial.
The proverbial expression, “a man’s home is his castle” refers to the rights of individual privacy within one’s own home. Like the ruler of a domain, residents determine who may enter and who must stay outside. You have rights granted by the Fourth Amendment that protect your home against unreasonable searches and seizures. However, if exigent circumstances exist, officers may still legally enter.
What Does the Law Say?
The Fourth Amendment to the Constitution of the United States protects citizens’ expectations of the right to privacy by preventing the government from entering homes, searching belongings, or taking items without following proper protocol. This protocol standard does not protect information available to the public, however, because there is no expectation of privacy. The police do not need to ignore what they see when it is available to everyone’s view and thus gives them reasonable suspicion and allows them to stop and frisk a suspect or search an area.
Alcohol can have many pleasurable effects on the body, especially at the start of consumption. The consumer begins to feel calm, confident, relaxed, happy, and sociable. However, at a point that is unique to each individual person, alcohol starts to have negative repercussions on the body.
Finding that small window between relaxation and inebriation is difficult. Those who misjudge and attempt to drive home while impaired are at risk for DUI charges, among other potentially catastrophic results.
The First Drop
During the first sip of alcohol, approximately 33 percent absorbs immediately into the bloodstream via the stomach lining. After that initial reaction, the alcohol begins to make its way into the small intestine, where it slowly seeps into the blood.
Victims who endure prolonged, severe and numerous episodes of domestic violence frequently have physical, mental, or emotional damages. In many cases, the psychological trauma lasts longer than the physical symptoms.
Anxiety, Post Traumatic Stress Disorder (PTSD), and depression are all commonly observed in domestic violence survivors. Another consequence stemming from the trauma is Battered Woman Syndrome, which can either make the injured party endure the abuse without retaliation or defend themselves, so the violence ends indefinitely.
The Stages of Battered Woman Syndrome (BWS)
Battered Woman Syndrome is now regarded as a form of PTSD and is accepted legally as a psychological disorder. Over time, the sufferer becomes so depressed and defeated that he or she begins to believe he or she alone is the cause of the abuse and there is no way to escape it. This learned helplessness can convince a victim to stay an unhealthy relationship. Sometimes, the individual remains because he or she hopes his or her abuser will change. This belief originates from the conditioning from “honeymoon phase” of the abuse cycle, which is:
Maintaining one's composure is often the best way to handle an interaction with an on-duty police officer. Although an individual does not have to be so kind as to give an officer incriminating evidence about himself or herself, treating an officer with a fair amount of courtesy is always advisable. When interactions remain amicable, officers are more inclined to reciprocate.
However, police officers have bad days just like like anyone else. In some cases, emotions can rise and result in anger, hostility, and an argument. If you argue with an officer making an arrest, can you face charges of resisting arrest or obstruction of justice?
Resisting or Obstructing Arrest
State statutes regarding resisting or obstructing arrests are incredibly vague. The ambiguity is intentional by lawmakers, and thus allows for the inclusion of a broader range of behaviors.
The laws surrounding firearms are under constant debate. Social media and politicians alike frequently use Chicago’s notorious criminal history to their advantage in an attempt to sway voters. Somehow, Chicago simultaneously falls on both sides of the gun control debate as a demonstration of the effectiveness of harsher firearm regulations. Meanwhile, Illinois residents find themselves in the middle of this countrywide argument and are left wondering how all of the changes affect current weapons charges.
How Does Illinois Rank?
Chicago became the center of debate once again after a speech claimed that not only did Chicago have the strictest gun laws in the country, but it also has the worst gun violence. Having the most stringent gun laws in the country may have once been valid; however, this is no longer the case.
You plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?
Mind Your Manners
At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.
With busy lifestyles, minor details become lost in the shuffle. We forget where we put our car keys, we forget to respond to that last text message for a few days, and we miss appointments. But what happens if one of those appointments we accidentally forgot to show up for was traffic court? Find out how Illinois courts respond.
Can I Still Drive?
On the back of an initial citation, there are instructions on how to respond. You do not need to go to court for minor petty traffic offenses. There is an option to pay for the ticket. However, this is not always the wisest solution. By paying, you plead guilty to the charges, and you risk the possibility of points being added to your license. If you do opt to go to court, you do so instead of paying the fine. If you miss your court date, however, the county circuit courts will forward the information that you failed to appear to the Secretary of State, who, in turn, will automatically suspended your license.
They say, “seeing is believing,” when obtaining the truth in many situations. The same idea holds true in a criminal investigation and trial. For decades, attorneys have used chalkboard markings, flip charts, x-rays, maps, diagrams, 3D models and photographs to help the jurors determine the truth behind the story. Advancements in technology in more recent years have catapulted us away from the use of chalkboards and stick figures to digital videography of an incident as it occurs. Today, a surveillance tape video can show multiple angles and enhance audio sound recordings. However, video surveillance is still not a “foolproof” method to prove any case.
Someone is Always Watching
Video surveillance systems sales have skyrocketed recently. Marketing executives everywhere continuously push the debatable argument that these cameras reduce crime and protect the purchasers. The goal of most buyers is to provide evidence should an alleged criminal event arise. However, many of these recordings are not admissible as evidence. Most business owners and homeowners do not spend the necessary money to have a quality surveillance system.
A lawyer’s time and advice are his stock and trade.
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