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  • THE FUTURE OF DUI CANNABIS DETECTION BY POLICE IN ILLINOIS
Click to Call 312-322-9000

Recent Criminal Case Victories

Robert J. Callahan

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Call (312) 322-9000 and Start Fighting for Your Rights.

Click on the criminal defense case victory links below to learn how we won each case.

Recently Won Cases

(Actual Dates and Cases)

February 2023

Class X Predatory Sexual Assault of a Child – CASE DISMISSED Solicitation of Unlawful Business – CASE DISMISSED

January 2023

Class 4 Felony Possession of a Controlled Substance – CASE DISMISSED Battery – CASE DISMISSED Unlawful use of a Weapon in an airport – CASE DISMISSED

December 2022

Battery – CASE DISMISSED

November 2022

Unlawful use of a Weapon in an airport – CASE DISMISSED Reckless Conduct – CASE DISMISSED Possession of Ammunition – CASE DISMISSED

September 2022

Unlawful Use of a Weapon – CASE DISMISSED Trespass – CASE DISMISSED

August 2022:

Class 3 Felony Retail Theft Charges – CASE DISMISSED

June 2022:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED Criminal Damage to Property –

Class A Misdemeanor – CASE DISMISSED
Class 4 Felony Unlawful Use of Weapon – NOT GUILTY
Class 1 Felony Possession of an Controlled Substance – CASE DISMISSED
Domestic Battery – CASE DISMISSED Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

May 2022

First Degree Murder – CASE DISMISSED Class 4 Felony Aggravated Unlawful Use of a Weapon – CASE DISMISSED

Assault – CASE DISMISSED
Aggravated Unlawful Use of Weapon by a Felon – CASE DISMISSED
Violation of Concealed Carry Permit – CASE DISMISSED
First Degree Murder – REDUCED TO ARMED ROBBERY

April 2022

Class 4 Felony Criminal Damage to Property – REDUCED TO A MISDEMEANOR

Unlawful Use of Weapon – CASE DISMISSED

March 2022

Aggravated Assault – CASE DISMISSED

February 2022

Class 4 Felony Unlawful Use of Weapon – REDUCED TO A MISDEMEANOR

Domestic Battery – CASE DISMISSED
Class 3 Felony Theft – NOT GUILTY

JANUARY 2022

DUI- Class A Misdemeanor – Dismissed

Unlawful Use of a Weapon – Class A Misdemeanor – Dismissed

DECEMBER 2021

Domestic Battery – Class A Misdemeanor – Dismissed

NOVEMBER 2021

Battery- Bodily Harm – Class A Misdemeanor- Dismissed

OCTOBER 2021

Violation of Order of Protection – Class A Misdemeanor- Bench Trial- Not Guilty

Unlawful Use of a Weapon – Class A Misdemeanor- Dismissed

SEPTEMBER 2021

Domestic Battery-Bodily Harm- Class A Misdemeanor – Bench Trial- Not Guilty

Possession of Controlled Substance- Class 4 Felony – Dismissed
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Dismissed

AUGUST 2021

Manufacturing and Delivery of 900+ grams of Methamphetamine, Cocaine and Heroin – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED
Aggravated Unlawful Use of a Weapon – Class 4 Felony – Entered into Veteran’s Treatment Court

JULY 2021

Disorderly Conduct – Class A Misdemeanor – CASE DISMISSED

Leaving the Scene of an Accident – Class A Misdemeanor – CASE DISMISSED

JUNE 2021:

Theft and Possession of Bank Identification Card – Class A Misdemeanor – CASE DISMISSED

Retail Theft- Class A Misdemeanor – CASE DISMISSED Possession of Cannabis in a Motor Vehicle – Ordinance Violation – CASE DISMISSED
Criminal Damage to Property – Class A Misdemeanor – CASE DISMISSED

MAY 2021:

Domestic Violence Order of Protection – CASE DISMISSED

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

APRIL 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – REDUCED TO CLASS A MISDEMEANOR WITH SUPERVISION

Theft – Class 4 Felony – CASE DISMISSED
Theft By Deception – Class 3 Felony – CASE DISMISSED
Identity Theft – Class 3 Felony – CASE DISMISSED
Domestic Battery – Bodily Harm – Class A misdemeanor – CASE DISMISSED

MARCH 2021:

Unlawful Use of a Weapon – Class A Misdemeanor – CASE DISMISSED

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

FEBRUARY 2021:

Aggravated Unlawful Use of a Weapon – Class 4 Felony – CASE DISMISSED

November 2020

Possession of a Controlled Substance – Class 4 Felony – CASE DISMISSED

October 2020

Leaving the Scene – Class A Felony – CASE DISMISSED

No Stalking Petition – VACATED
Aggravated UUW – Class 4 Felony – FINDING NO PROBABLE CAUSE
Aggravated UUW – Class 4 Felony – CASE DISMISSED

September 2020

Disorderly Conduct – CASE DISMISSED

August 2020

Aggravated UUW – Class 4 – FINDING NO PROBABLE CAUSE

JULY 2020

MB and son JB – Murder Charges ruled self defense after hearing – CASE DISMISSED

Applied for Clemency on Cannabis charges – CLEMENCY GRANTED
Three (3) separate cases of manufacturing/delivery of cocaine – Class 1 felonies – CASE DISMISSED

MARCH to JUNE COURTS CLOSED DUE TO COVID-19

APRIL 2020

Violation of Order of Protection- Class A misdemeanor – CASE DISMISSED

Leaving the Scene of Accident- Class A misdemeanor – CASE DISMISSED

Felony Sealing – GRANTED

Felony Gun Case Sealing – GRANTED

Battery- class A misdemeanor – CASE DISMISSED

Aggravated Sexual Abuse Investigation – NOT CHARGED

March 2020

JB – Class X- MDMA/Ecstasy Possession with Intent to Deliver – looking at 6-30 years IDOC – CASE DISMISSED

Disorderly Conduct – CASE DISMISSED

Misdemeanor – CASE DISMISSED

February 2020

MF -1st Degree Murder – ACQUITTED

Battery to a child – CASE DISMISSED

Order of Protection – CASE DISMISSED

Possession of Cannabis – Class 4 Felony; Unlawful Possession of Weapon – CASE DISMISSED

Deceptive Practices – Class 4 felony – CASE DISMISSED

DUI – REDUCED TO RECKLESS DRIVING

January 2020

AW – Aggravated Arson-class X – Dismissed

Criminal Trespass to Land – Class A Misdemeanor – CASE DISMISSED

December 2018

Possession of Controlled Substance- Class 4 Felony – CASE DISMISSED

Possession of Cannabis – Class 4 Felony & Unlawful Use of a Weapon – Class A Misdemeanor – DISMISSED

November 2018

Battery – Misdemeanor – BENCH TRIAL- NOT GUILTY

Battery – Misdemeanor – CASE DISMISSED

Battery and Obstruction of Justice – CASE DISMISSED

People v. GK, Agg Speeding – Misdemeanor – REDUCED TO PETTY OFFENSE

DUI – REDUCED TO RECKLESS DRIVING

People v. AN, DUI – REDUCED TO RECKLESS DRIVING

October 2018

Battery – CASE DISMISSED

Assault – CASE DISMISSED

Felony Class 4 possession of a controlled substance – CASE DISMISSED

Disorderly conduct – CASE DISMISSED

Felony aggravated DUI – NOT GUILTY

September 2018

Felony Class 3 criminal fortification of a residence or building – FINDING OF NO PROBABLE CAUSE AT A PRELIMINARY HEARING – CASE DISMISSED

Battery – CASE DISMISSED

Class 4 felony possession of heroin – CASE DISMISSED

Domestic battery – CASE DISMISSED

Violation of an Order of Protection – DISMISSED

Battery – CASE DISMISSED

Unlawful use of a weapon – CASE DISMISSED

Class 4 felony possession of cocaine – CASE DISMISSED

August 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

July 2018

Battery – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

Driving on a suspended license – CASE DISMISSED

Possession of marijuana – CASE DISMISSED

Class 4 felony possession of a controlled substance – CASE DISMISSED

June 2018

DUI – Misdemeanor – DISMISSED ON MOTION TO DISMISS 06/2018

Battery Misdemeanor – DISMISSED

Civil Forfeiture – HEARING WON – CAR RETURNED

May 2018

Pardon – GRANTED W/ LEAVE TO EXPUNGE

Battery Misdemeanor – DISMISSED – CONVINCED STATE IT WAS SELF DEFENSE

Expungement – EXPUNGEMENT GRANTED

April 2018

Executive Clemency Petition (AKA Governor’s Pardon) for Class 2 felony burglary – GRANTED

Battery – CASE DISMISSED

March 2018

Class 2 unlawful use of a weapon by a felon – NOT GUILTY

February 2018

Domestic battery – CASE DISMISSED

January 2018

Domestic battery – CASE DISMISSED

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Testimonials

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THE FUTURE OF DUI CANNABIS DETECTION BY POLICE IN ILLINOIS

March 14, 2018 / Robert J Callahan / Blog
0
crime-lawyer-chicago
Driving in Carol Stream, Illinois anytime soon? If so, you could be asked to submit to an oral swab/test for drugs. As of February, the Carol Stream Police Department will start asking people to submit to a voluntary mouth swab to test for the presence of marijuana, opiates, cocaine, amphetamines, and methamphetamines. This test will not be used in court and will be offered only to those agreeing to a blood test. A roadside saliva sample will be analyzed by the  P.I.A.2 device. By comparing the P.I.A.2 results to the Illinois State Police Lab blood results, Carol Stream Police Department hopes to show that the P.I.A.2 is just as reliable as currently accredited laboratory tests. Due to their aggressive reputation for DUI enforcement, the German manufacturer Protzek offered to provide their device, the P.I.A.2, to the Carol Stream Police Department for free. According to Carol Stream Police Sgt. Brian Cluever, “The science is proven.” The problem is, it isn’t. Scientific American found that accurate and reliable saliva detectors are millions of dollars and years away. The National Highway Traffic and Safety Administration (NHTSA) recently found that point of arrest screening devices have not been shown to be completely accurate or reliable.” On the other hand, one device, the Draeger 5000, was found in tests to have a 93% accuracy rate in detecting the presence of drugs. However, this device, like another touted by California based Hound Labs, only detects the presence of drugs. The P.I.A.2, on the other hand, can measure the amount present in the sample. Still, the question of impairment is not addressed in these tests. If you are arrested on drug charges in Chicago, IL call Robert J Callahan. Not only is the science not proven, the current scientific consensus casts doubt on using THC levels in bodily substances as a metric for impairment. In July of 2017, NHTSA submitted its “Marijuana Impaired Driving” report to Congress. Their conclusion was clear: “THC level in blood (or oral fluid) does not appear to be an accurate and reliable predictor of impairment from THC.” Unlike alcohol, where BAC levels have a clear scientific correlation to impairment, no such correlation for marijuana currently exists. This is true whether the test is on blood, breath, urine, or saliva. The basic reason for this is how our body absorbs, distributes, and eliminates THC. While BAC levels are scientifically shown to correlate with intoxication due to a steady rate of elimination, THC levels produce ambiguous results that are highly dependent on factors such as testing within 30 minutes of use  and frequency of use. Until this correlation is scientifically established, any so-called marijuana breathalyzer/swab test will be nothing more than a spit in the bucket. It will take time to establish if any correlation exists and even more time for devices to be scientifically studied and evaluated. Illinois follows the Frye standard on admissibility of scientific evidence. Frye requires that the science in question be generally accepted as reliable in the relevant scientific community to be admissible in court. Before these types of devices become legally acceptable as evidence of marijuana impairment, the Illinois Supreme Court will likely have to weigh in on the matter. This means we are years away from seeing this type of evidence in an Illinois courtroom. But the wait may not be as long as we think. In February of 2016, a California trial court admitted the saliva results from a Draeger 5000 in a trial for vehicular manslaughter. The test results indicated the presence of methamphetamine. Aside from the likely appeal in this case, countless more cases and years of legislating are sure to follow. Any way you look at it, this is the future of DUI cannabis/drug laws. Along with biological tests, development of cognitive, behavioral, and psychomotor tests to detect marijuana impairment will also likely arise. NHTSA’s report to Congress sets forth such a goal. Increasing Drug Recognition training for officers will continue to expand regardless of technological advances in testing.  The future of drug driving detection will likely rely both on the development of biological testing and increased officer training. Michigan also recently implemented a pilot program for roadside saliva tests that requires the officer administering the test to be an officer trained in drug recognition. Drug DUI detection is a difficult task for law enforcement. With the changing environment and attitudes toward marijuana, the science of cannabis impairment is the new frontier. Make no mistake, as marijuana becomes legal across the country, a legally acceptable & reliable marijuana impairment test, or set of tests, will be developed. But there is still so much to be learned. As the science and law evolves, you need a law firm that isn’t behind the curve. At Robert Callahan and Associates, we know what the law was, is now, and what it’s about to become. We do this through tireless dedication to our clients and the practice of law. If you have a marijuana DUI or any type of cannabis/drug case, call us at 312 322 9000 to discuss your case. You know may know your facts, but we know the law. Contact Robert J Callahan to defend your rights in a drug related case in Illinois.

Cannabis detection devices being tested by law enforcement & on the market:

Protzek: P.I.A.2 Cost:  $6,000 - $8,000 Places in use: Carol Stream, IL http://www.protzekusa.com/   Draeger5000: Cost: $6,000 First use in US: 2009 Places in use: CA, NV, AZ, NY, Australia, Belgium, Germany https://www.draeger.com/en-us_us/Alcohol-and-Drug-Detection/Productselector/Breath-Alcohol-and-Drug-Testing/Drug-Testing-Devices   Hound Labs: Cost: $600-$1000 Places in use: currently being field tested in CA. The CEO of Hound labs is Mike Lynn, an emergency room doctor and a reserve deputy sheriff for Alameda County. https://houndlabs.com/   Alere DDS2 Cost: $1,000-$1,500 Places in use: MI, CA https://www.alere.com/en/home/product-details/dds2-mobile-test-system.html   Cannabix Technologies (Canada) Beta 3.0 Cannabis Breathalyzer *This company claims that this device measures marijuana intoxication, however, its research has been in house but was recently approved for field testing in January. http://www.cannabixtechnologies.com/news-releases.html
cannabis drug test, drug test, drug test by police, dui test

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Robert J Callahan | Chicago Defense Lawyer
53 W JACKSON BLVD # 1615
CHICAGO IL 60604-3536

Phone: (312) 322-9000
Fax: (312) 427-1289



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Robert J. Callahan

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