Blogs | Law Office of Jack L Zaremba


Opioid Spray Used in Fighting Overdose Deaths

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According to records kept by the Federal government, the number of deaths due to drug overdoses and overdoses caused by heroin continue to increase across the country. Emergency medical professionals and law enforcement officials on the front lines are always seeking resources in an effort to combat this epidemic.

Opioid Nasal Spray

In 2014, the Federal Food and Drug Administration approved a Naloxone auto-injector , which was previously only available in ambulances and at hospitals, for use in homes and by trained law enforcement personnel as a means of preventing heroin overdose deaths. Recently, an increased number of agencies have begun a call for more widespread use of a nasal spray application of the life-saving treatment.

Narcan Nasal Spray counteracts the effects of a suspected or known opioid overdose, which becomes apparent by symptoms that include respiratory distress. The nasal spray administers a potentially life-saving dose of Naloxone HCl to counteract the effects of the drugs in a person’s system. Following administration of the spray, immediate emergency medical treatment is recommended.

Police Adding Spray to Their Arsenal

In the case of a drug overdose, law enforcement officers are usually the first to arrive on the scene. Because every second counts in such a scenario, government officials and leaders have increased the call for more police officers to carry the potentially life-saving nasal spray application. A few examples include:

• Earlier this month, Chicago Aldermen introduced a new ordinance that, if passed, would call for all Chicago police officers to be equipped with the nasal spray in a response to the growing opioid epidemic in the city.
• In Minneapolis , the city’s firefighters have carried Naloxone for more than a year. The city’s police chief recently announced that police would soon be carrying the life-saving tool.
• In Hamilton County, Ohio, officials announced a program that would result in the sharing of 30,000 doses of Naloxone, donated by the manufacturer, with hospitals, jails, faith-based groups, and other community-based health care programs to combat the growing heroin overdose numbers in the area.

Retain the Counsel of an Experienced Will County Criminal Defense Attorney

The consequences for an individual facing drug charges can have a lasting effect on their life. Facing those charges alone or without an experienced attorney will put you at a disadvantage when responding to prosecution. The guidance and advice of a knowledgeable Joliet drug crimes defense attorney will ensure your rights are protected and the law is applied fairly in your case. The Law Office of Jack L. Zaremba provides an aggressive defense on your behalf to help you fight to keep your freedom.

Quantifying Alcohol Intoxication - .08 and the Law

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If you are like most people, you probably know that the 0.08 is the “magic number” regarding drunk driving. A person with a blood-alcohol content (BAC) of 0.08 or higher may face charges for driving under the influence (DUI) , but many people do not really understand what that number actually represents. In addition, it may be equally surprising to know that you could face DUI charges even if your BAC is lower than 0.08.

Two Ways of Determining BAC

Contrary to popular belief, Illinois law does not define blood-alcohol content as a percentage. There are many websites and resources that indicate that a BAC of 0.08 means that .08 percent of that person’s bloodstream is alcohol. In Illinois, at least, this is not how BAC is defined.

According to Illinois law , alcohol concentration can be determined in two ways: as a ratio of alcohol to blood or as a ration of alcohol to breath. The Illinois Vehicle code states, “Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.” These numbers were established based on scientific research to be equivalent to each other. A person with .08 grams of alcohol per 210 liters of breath is presumed to also have 0.08 grams of alcohol in every 100 milliliters of blood. (The density of alcohol actually means that a person with a BAC of 0.08 has more than .08 percent of his or bloodstream comprised of alcohol.)

Exceptions to the 0.08 Rule

Today, all 50 states and the District of Columbia recognize 0.08 as the threshold of legal intoxication for non-commercial drivers who are of legal drinking age. It is important to realize that 0.08 represents the point where intoxication may be presumed. A person with a BAC of 0.08 is not at the limit—he or she is legally considered to be under the influence. A BAC of 0.078 is technically legal. Keep in mind, however, that there are situations in which a person can have a BAC of under 0.08 and still face penalties for driving under the influence of alcohol, including:

• Any trace of alcohol or a BAC over 0.00 for a driver under the age of 21 creates the presumption of driving under the influence;
• Any trace of alcohol of a BAC over 0.00 for driver operating a school bus;
• A BAC of less than 0.08 and greater than 0.05, but other evidence such as slurred speech or reduced motor skills supports a DUI charge; and
• A BAC of 0.04 or higher for commercial driver’s license holders.

The charges and potential consequences will vary based on the circumstances of each case and the driver’s history.

Call Us for Help

If you have additional questions about DUI charges in Illinois or if you have been arrested and are facing charges, our firm is ready to provide the guidance you need. Contact an experienced Joliet DUI defense attorney to discuss your case and your options. Call 815-740-4025 for a free consultation today.

Justifiable Force, Self Defense, and Weapons Charges

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Illinois legalized the concealed carry of firearms in 2014, which led to a large number of applications for concealed carry permits. Since then, the number of applications has tapered somewhat, but the initial surge by Illinois citizens to secure concealed carry permits was likely fueled by the belief that carrying a handgun is a good way to defend oneself. While “self defense” is a legitimate and strong defense strategy, it may not be the solution to all one’s legal troubles if the same situation results in a gun or weapons charge .

Justifiable Use of Force

In the state of Illinois, the law allows for a person to use force under specific situations. In these scenarios, one can be cleared of wrongdoing if they were deemed to have used justifiable force. The specific situations in which justifiable force is allowed are as follows:

• Use of force in defense of a person is allowed when one believes they are facing the threat of great bodily harm or death due to the actions of another person.
• Use of force against another person in defense of one’s dwelling is considered permissible if it is necessary to prevent unlawful entry or an attack on the dwelling. The attempted entry must be of a violent or unrestrained manner.
• Use of force in defense of one’s property (other than a dwelling) is considered allowable if it is necessary to prevent others from illegally trespassing and interfering criminally with one’s rightful real or personal property.

The use of force is allowed even to the point of causing bodily harm or death to the person alleged to have initiated the threat. Furthermore, the law prevents those alleged to have initiated the threat, as well as their family members, to pursue action against the individual deemed to have used justifiable force, unless “willful or wanton misconduct” is found.

Facing Other Charges

Even if someone is exonerated for the use of force, or if they possess the appropriate licensing for a gun, they may still face charges. Here are some examples of cases where other charges may apply:

• A Colorado Springs man cleared of using a gun in self defense is facing a weapons charge because he is considered an offender in a previous felony weapons possession case.
• In the case of a Michigan woman who pulled a handgun in defense of her daughter during a fight among shoppers, police indicate that she had a valid concealed carry permit, but are still working with prosecutors to determine if charges are necessary.

Build Your Defense with Help from an Experienced Joliet Gun and Weapons Lawyer

The stress and uncertainty of gun or weapons charges is not something you should ever face on your own. The help of a knowledgeable Will County gun and weapons defense attorney will ensure that you are treated fairly throughout the process. The Law Office of Jack L. Zaremba will conduct a detailed review of the charges, study your case thoroughly, and build a defense strategy which will help you obtain appropriate relief from undue hardship.


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