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Trace Amount of Cannabis in Blood, Breath or Urine Results in Illinois DUI Offense. Charges Dropped. (Waukegan Police)

Lake County DUI for Positive Urine Test | Driving Under the Influence of Cannabis or a Controlled Substance (DUI for Drugs) | Trace Amount in Breath, Blood, or Urine | Illinois DUI Chemical Test Detecting Past Marijuana Use | Waukegan DUI Prosecution | Expunge Arrest Records and Conviction from Waukegan Police Department | Illicit or Illegal Substances (Cannabis, Heroin, Cocaine, Ecstasy, etc.) | Summary Suspension of Driver's License Received in Mail with DUI Ticket | Skokie and Rolling Meadows CourthousesWaukegan police charge man with driving under the influence of drugs. Positive urine test. Charges dropped. Download the court records 

 

On October 12, 2004, Lewis Gainor's client was driving through Waukegan, Illinois with friends in the car. They had recently smoked marijuana (e.g., cannabis) in the vehicle, so there was a strong lingering odor. When a police officer from the Waukegan Police Department pulled over the car for a traffic violation, he smelled the odor of burnt cannabis immediately.

 

As expected, the traffic stop quickly turned into a roadside DUI investigation. Like every other DUI investigation, the officer had the driver perform field sobriety tests to determine whether he was under the influence of alcohol and/or drugs. But what made this investigation different was that the police officer later had the man submit a urine sample for chemical testing.

 

TPositive Drug Screen for Marijuana | Cook County (Skokie and Rolling Meadows Courthouses) and Lake County (Waukegan) | Hot Test | Dirty Drop for Marijuana | Cook or Lake County Probation Dirty Drop on Random Drug Test | Waukegan Probation Dirty Drop | Defenses to Driving Under the Influence of Drugs | Trace Amount Resulting from Unlawful Use of Cannabis, Controlled Substance or Meth | Confirmation of Summary Suspension by Illinois Secretary of State | Chicago DUI for Drugs | Search of Vehicle With No Warranthe urine sample contained trace amounts of cannabis. As such, the driver was considered to be legally driving under the influence of drugs, regardless of how intoxicated he was as a result of the drugs.

 

The case came up for trial on July 25, 2005. Previously, the Lake County State's Attorney's Office had made an offer for plea bargain. The prosecution's offer for a plea bargain was unreasonable, as it would result in a revocation of the man's driving privileges. Therefore, Lewis Gainor's client had no choice but to demand a trial. The advantage that Waukegan DUI attorney Lewis Gainor had at trial was that it would take an extraordinary effort from the State to prove the the charges beyond a reasonable doubt, including the use of expert witnesses for the chemical test.

 

Unable to coordinate these resources, the State chose to drop the charges.

Court Records

DUI based on positive urine test dismissed.pdf