If I’m stopped for driving under the influence (DUI) in Rock Island County, can a police officer ask me questions without reading me my rights?

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Posted on October 13, 2017February 18, 2026 by Hanna Law

Aggressive DUI Defense Attorneys

The DUI Attorneys at Hanna Law are often asked this question when a client has been charged with a DUI in Rock Island County. The short answer is, “It Depends”. A police officer has to read you your rights on a DUI stop depending if you are in police custody or have been “seized” -- that is, whether you are subject to the restraints common to a formal arrest, or if you are free to go. The U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.

EXPERIENCE MATTERS!

Defending client for 26 years in State and Federal Courts. Member of National College for DUI Defense and Graduate of DUI Harvard Session. Certified Field Sobriety Expert. Certified Breath Machine Operator for Datamaster and Intoxillyzer. Advanced Blood and Urine seminar graduate. Suppression of more than 3000 lbs of contraband as Henry County Drug Trafficing Defense Attorney. Success defense of hundreds of DUI and OWI cases in Rock Island, Mercer, Henry, Whiteside and other counties in Illinois. Successful defense in Federal Court where possession and trafficing of hundred pounds of marijuana resulted in immediate release from custody and probation sentence rather than prison.

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Hanna & Ruud, LLC and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Illinois’ HB 303 aims to ease burden of proof on asset forfeiture

Posted on September 20, 2017September 20, 2017 by Hanna Law

A new law in Illinois is aiming to make it easier for people to get their seized property back.

Source: Illinois’ HB 303 aims to ease burden of proof on asset forfeiture

Expungement Vs. Sealing

Posted on December 28, 2016February 18, 2026 by Hanna Law

If you have certain qualifying arrests and criminal charges on your record, it is possible to have them expunged (or permanently removed from your record) so they can no longer harm your ability to gain access to all the freedoms you deserve. But expungement is a proactive process, and you must take the proper steps to make it happen.

If you were arrested for a crime and the charges were later dropped, dismissed or you obtained a not guilty” verdict, you may be under the mistaken impression that your arrest record will go away.” As a seasoned expungement lawyer, our firm can assure you that this is not the case. If you want to remove your criminal records from public viewing, you must seek an expungement or criminal record sealing.

The Law Offices of Hanna Law in Moline, Illinois, helps individuals who have been charged, arrested and prosecuted for crimes to seek expungement and/or sealing of their criminal records from public view. Although a number of crimes can be expunged and/or sealed, some cannot. It is important to seek advice from an experienced expungement attorney if you would like to obtain expunge or seal your records. Contact us to learn more.

The good news is that Governor Rauner has acted on yet another batch of clemency petitions , the fifth such group since he has taken office earlier this year. The not-so-great news is that out of the two hundred ten (210) petitions he decided, he granted only ten (10) and denied two hundred (200). While I would absolutely like to see more deserving petitions being granted by our present Illinois Governor, I will say I admire the relative speed in which he is deciding such petitions. My only hope is that deserving petitioners are not being overlooked in haste.

Firearm privileges are lost upon a felony conviction or juvenile adjudication/misdemeanor, 720 Ill. Comp. Stat. Ann. 5/24-1.1 (a), and may be restored by the Department of State Police or by the circuit court where the person resides. 430 Ill. Comp. Stat. Ann. 65/10 (a), (c). Relief may be granted if: (1) the applicant has not been convicted of a forcible felony” within the preceding 20 years or 20 years have passed since release from imprisonment for that offense; (2) he is not likely to act in a manner dangerous to public safety;” and (3) restoration of firearm privileges would not be contrary to the public interest.” 430 Ill. Comp. Stat. Ann. 65/10 (c). Individuals may appeal a denial to the Director of State Police unless their conviction involves violence (including domestic violence), drugs or firearms, in which case rights may be restored only by the court. Id. A pardon must include a special provision restoring firearms rights.

“There’s no crime necessary. They can seize the cash and property if they suspect there may be a crime” Civil Asset Forfeitures

Posted on December 7, 2016December 7, 2016 by Hanna Law

Quad City attorney calls forfeiture laws “legal theft”

“Legalized theft is what it really amounts to because they really don’t need that much to go on and then they can seize somebody’s assets. Then, that poor individual has to try and get their assets back and sometimes it can be next to impossible. It stacks the deck so unbelievably in favor of the government,” Hanna said.

Illinois now the 21st state to decriminalize small amounts of marijuana

Posted on August 9, 2016February 18, 2026 by Hanna Law

Gov. Bruce Rauner signed SB 2228 on July 29, 2016, removing criminal penalties for those found in possession of 10 grams or less. Law enforcement may no longer arrest or jail a person in possession of that amount, and the infraction does not result in a criminal record. This change vastly improves the previous law by replacing criminal penalties with a fine of between $100 and $200. The DUI law also improved, eliminating the possibility of a conviction based on metabolized forms of THC, unrelated to impairment.
The state’s medical cannabis program also saw improvement this year. Gov. Bruce Rauner signed SB 10 into law, extending the medical cannabis pilot program to at least July 2020. The state program will also add post-traumatic stress disorder (PTSD) to the list of qualifying medical conditions, and streamlines the physician’s role in the qualification process for patients.

Overall, it has been a positive year in Illinois. Criminal penalties for possession of 10 grams or less just disappeared, and the medical cannabis program is improving!

Source: Marijuana Policy Project