Lake County Driving While High on Marijuana Hit-and-Run Accident Defense Lawyer

Lake County, Illinois, is home to diverse communities, busy roadways, and growing suburban areas that see a steady flow of traffic. With its proximity to Chicago and major highways such as I-94 and Route 41, law enforcement actively patrols for traffic violations, including DUI offenses. Since the legalization of recreational marijuana in Illinois, law enforcement agencies have ramped up efforts to crack down on drivers suspected of being under the influence of cannabis. A hit-and-run accident involving allegations of driving while high can lead to serious legal consequences, requiring an aggressive legal defense.

Illinois law treats hit-and-run cases harshly, especially when combined with allegations of impairment. A conviction can lead to felony charges, prison time, heavy fines, and the loss of driving privileges. If you have been accused of driving while high and leaving the scene of an accident in Lake County, having a skilled defense attorney is critical to protecting your rights and minimizing the impact of these charges on your future.

Illinois Laws on Driving While High and Hit-and-Run Accidents

Illinois law criminalizes both driving under the influence of cannabis and leaving the scene of an accident. Under 625 ILCS 5/11-501, it is illegal to operate a vehicle while under the influence of any substance that impairs a person’s ability to drive safely, including cannabis. Unlike alcohol-related DUIs, which are measured by blood alcohol concentration (BAC), marijuana impairment is determined through a combination of blood tests, field sobriety tests, and officer observations. Illinois law sets the threshold for THC impairment at 5 nanograms of THC per milliliter of blood or 10 nanograms per milliliter of other bodily fluids.

Leaving the scene of an accident, also known as a hit-and-run, is covered under 625 ILCS 5/11-401. Illinois law requires drivers to stop and provide their information if they are involved in an accident resulting in property damage, injury, or death. Failure to do so can lead to misdemeanor or felony charges, depending on the severity of the crash and whether anyone was injured.

A first-time offense for driving while high can result in a Class A misdemeanor, carrying up to one year in jail and fines of up to $2,500. However, if the accident results in serious injury or death, the offense is elevated to a Class 4 or Class 2 felony, carrying prison time ranging from one to fourteen years. Leaving the scene of an accident involving injury is a Class 4 felony, punishable by one to three years in prison. If the accident results in a fatality, it becomes a Class 1 felony, which can result in up to fifteen years in prison.

How Criminal Cases for Driving While High and Hit-and-Run Begin

A criminal case for driving while high and leaving the scene of an accident usually begins with an investigation. If law enforcement identifies a suspect vehicle from witness statements, surveillance footage, or license plate recognition systems, officers will attempt to locate and question the driver. If the driver is found, officers may administer field sobriety tests or chemical tests to determine impairment.

In cases where a suspect is located hours or days later, law enforcement may attempt to obtain search warrants for medical records, vehicle data, or phone records to establish a timeline of events. Witness statements, toxicology reports, and crash reconstruction analyses may also play a role in the prosecution’s case.

Once an arrest is made, the individual is booked, processed, and may be required to post bond. The prosecution will review evidence and file formal charges, leading to court proceedings.

The Criminal Trial Defense Process in Illinois

The trial process in Illinois follows several key stages. After an initial arraignment, where formal charges are read, the case moves into discovery, where both sides exchange evidence. Your defense attorney will analyze bodycam footage, chemical test results, and officer reports to identify any weaknesses in the prosecution’s case.

Pretrial motions may be filed to challenge evidence, such as improper chemical testing procedures or constitutional violations. If law enforcement conducted an unlawful search or improperly administered field sobriety tests, your attorney may seek to suppress that evidence before trial.

If the case proceeds to trial, the prosecution must prove beyond a reasonable doubt that you were impaired and that you unlawfully left the scene of an accident. A defense strategy may focus on disputing impairment, challenging test accuracy, or arguing that you were unaware of the accident at the time. If convicted, sentencing will be determined based on the severity of the charges and any mitigating factors.

Types of Evidence Law Enforcement Uses in These Cases

In cases involving allegations of driving while high and a hit-and-run accident, law enforcement gathers a variety of evidence, including:

• Toxicology Reports: Blood or urine tests may be used to determine THC levels. These tests can be challenged based on timing, collection methods, and storage procedures.
• Field Sobriety Tests: Officers may claim that a driver exhibited signs of impairment, such as bloodshot eyes, slurred speech, or poor coordination. However, these observations are subjective and can be influenced by medical conditions or fatigue.
• Vehicle Damage and Crash Analysis: Investigators may analyze vehicle damage patterns, debris, and skid marks to reconstruct how an accident occurred.
• Witness Testimony: Passengers, pedestrians, or other drivers may provide statements, which can sometimes be unreliable or inconsistent.

A strong defense strategy requires carefully scrutinizing each piece of evidence and identifying flaws in the prosecution’s case.

The Importance of Legal Representation

Having an experienced criminal defense attorney is crucial in cases involving allegations of driving while high and leaving the scene of an accident. The legal system is complex, and the consequences of a conviction can be life-changing. An attorney will assess the evidence, challenge improper procedures, and negotiate for reduced charges or alternative sentencing options when possible.

A defense attorney can also work to prevent a permanent criminal record, which can affect employment, housing, and driving privileges. In some cases, charges may be dismissed or reduced if the evidence is weak or if procedural violations occurred.

Potential Defenses in Driving While High and Hit-and-Run Cases

Several defense strategies may be used to fight these charges, including:

• Challenging the accuracy of chemical tests and arguing that THC levels do not indicate active impairment.
• Demonstrating that the driver was unaware of the accident or did not intentionally flee the scene.
• Arguing that the arrest was based on improper procedures or unconstitutional searches.
• Questioning the reliability of field sobriety tests, which can be influenced by medical conditions, fatigue, or environmental factors.

Each case is unique, and a tailored defense strategy is necessary to achieve the best possible outcome.

Qualities to Look for in a Defense Attorney

When choosing a criminal defense attorney in Lake County, it is important to find someone with extensive experience handling DUI and hit-and-run cases. An attorney should have strong litigation skills, knowledge of Illinois DUI and traffic laws, and the ability to challenge evidence effectively. Communication and responsiveness are also key factors to consider.

During a free consultation, questions to ask a defense attorney may include:

• How many DUI and hit-and-run cases have you handled?
• What strategies do you recommend based on the facts of my case?
• What are the potential outcomes, and what are my best options?
• How will you challenge the prosecution’s evidence?

Why You Need a Defense Attorney for These Charges

Attempting to handle these charges without legal representation is risky. The penalties are severe, and prosecutors aggressively pursue convictions. A strong defense can mean the difference between a felony conviction and a reduced charge or case dismissal. Having an experienced attorney can help protect your rights, challenge the prosecution’s case, and work toward the best possible resolution.

The Law Offices of David L. Freidberg has decades of experience defending clients in Lake County and across Illinois against DUI and hit-and-run charges. Our firm provides strategic, aggressive legal defense to protect your rights and future.

Call The Law Offices of David L. Freidberg Today

If you or a loved one has been charged with Driving While High on Marijuana Hit-and-Run Accident in Lake County, Illinois, it is critical to act quickly. The Law Offices of David L. Freidberg provides aggressive legal representation and personalized defense strategies to protect your rights. 

The Law Offices of David L. Freidberg provides aggressive legal representation for those accused of a driving while intoxicated manslaughter in Lake County and throughout Illinois. We offer free consultations 24/7 to discuss your case and legal options. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for dedicated defense in DuPage County, Cook County, Will County, Lake County, and the greater Chicago area.