Can Breathalyzer Test Results Be Wrong?

Web Admin - Thursday, February 11, 2016

breathalyzer test results, Illinois Criminal Defense Attorney Many people who are facing DUI charges wonder if there was something wrong with the breathalyzer device they used when they were pulled over and arrested. How likely is it that breathalyzers give false positive readings? 

While breathalyzer testing is more accurate than other subjective field sobriety tests, breathalyzer tests can still be incorrect or inaccurate. If you believe that the breathalyzer test results that you gave prior to your DUI arrest are inaccurate, it is imperative to secure legal representation immediately.

Breathalyzer Testing

When you are pulled over in Illinois, and the police officer has a reasonable suspicion that you are intoxicated behind the wheel, the officer can administer a breathalyzer test. A breathalyzer test is a chemical test that assesses how much alcohol vapor is on the breath of the individual taking the test. This data generally correlates to an individual’s blood alcohol concentration level. 

Under Illinois’ Zero Tolerance law, 625 ILCS 5/11-501.8, any underaged driver who has a blood alcohol concentration reading of 0.01 or higher will lose his or her license and be arrested. Under Illinois DUI laws for individuals over the age of 21, 625 ILCS 5/11-501, drivers with a BAC of 0.08 are presumed to be driving while under the influence of alcohol.  

Illinois is an implied consent state, meaning that by using the roads in Illinois a driver automatically consents to be subjected to chemical testing when suspected of driving under the influence of alcohol. Individuals do have a right to refuse a breathalyzer test, but there are steep consequences for refusal. For instance, when a person refuses to take a breathalyzer test, his or her driver’s license is automatically suspended in accordance with 625 ILCS 5/6-203.1. 

Why Can Breathalyzer Test Results Be Incorrect?

There are a number of reasons why breathalyzer test results can be inaccurate. If one of the following scenarios applies to you and your breathalyzer test, you should consult with your DUI criminal defense lawyer to see if you can build a viable defense based on your situation. Breathalyzer test results could be inaccurate because:

- The breathalyzer device may be malfunctioning;

- Law enforcement improperly administered the test;

- Law enforcement failed to calibrate the breathalyzer device before it was used;

- You may have a health condition that makes you give a false reading on a breathalyzer test; or

- You consumed or used alcohol, but not of the type that could make you drunk or unable to operate a vehicle. Examples might include:

- Consuming cough medicines that contain high levels of alcohol;

- Wearing certain lip plumpers on your lips;

- Using certain vaping products (i.e., electronic cigarettes or e-cigs), which contain alcohol and can be so concentrated on the breath of a user that the user can produce a measurable reading on a breathalyzer; and

- Using certain mouthwash or breath sprays, which can artificially raise a person’s breath alcohol content. 

If you are facing DUI charges or you have reason to believe that the chemical testing administered to you prior to your or DUI arrest is inaccurate, please speak with an experienced Illinois criminal defense attorney today. Our firm serves the communities of the northwest suburbs, including Inverness, Arlington Heights, Long Grove, Barrington, South Barrington, Riverwoods, and Mount Prospect. 





Premises Liability

Web Admin - Friday, November 13, 2015

premises liability, Crystal Lake Personal Injury Attorney Premises liability allows a person who lives on or visits another person’s property to recover for injuries sustained while on the property, if the owner was negligent. A property owner has a duty to keep the premises or property in a reasonably safe condition. A property owner may be negligent in several ways, including allowing a sidewalk to become icy or a liquid spill to be left in the aisle of a store. 

Hurt on Another Person’s Property 

Traditionally, an invitee was owed the highest level of care. An invitee is a person invited to enter or remain for the commercial benefit of the property owner. This includes a person entering a store to shop or a tenant renting an apartment or house. 

As opposed to an invitee, a licensee is someone who has permission to be on the property, but who is there for his or her own personal purposes and not for business purposes. Guests at a party or family members with an open invitation to visit are considered invitees. Under common law, a lesser standard of care was provided for licensees than was provided for invitees. 

Under Illinois law, the common law distinction between invitees and licensees, in regard to the duty owed, is no longer recognized. Instead, an owner of property owes all entrants a duty of “reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” In order to impose liability on an owner or possessor of property, a person injured while on the property of another must establish that the owner: 

1. Knew or in the exercise of ordinary care should have known of the dangerous condition and should have realized that it involved an unreasonable risk of harm;

2. Should have anticipated that the entrant would not have discovered or been aware of the danger, or would not have taken precaution against it; and

3. Failed to exercise reasonable care in providing protection against the danger. 

Importantly, trespassers are not provided the same protections as entrants who have express or implied consent to be on the property. Generally, owners or possessors of property only need to avoid willfully or wantonly injuring trespassers. Willful conduct involves an actor having actual knowledge of the danger of the act being performed in conjunction with a conscious failure to avoid the injury. A wanton act is one that is performed with a reckless indifference to the potential for harmful consequences. 

Helping Victims 

If you have been injured while you were on the property of another person, it may be possible for you to recover damages from the owner. For more information, contact a skilled Illinois personal injury attorney today. Our firm represents individuals throughout the northwest suburbs, in communities such as Crystal Lake, Palatine, Schaumburg, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Importance of Taking Traffic Violations Seriously

Web Admin - Monday, September 14, 2015

If you have been a driver for a significant length of time, it is likely you have, at the very least, been pulled over by a police officer. In the worst case scenario, you will have been cited for a traffic violation. If this happens, it may be beneficial to consult with an attorney to fully understand and protect your legal rights.

Consequences of Too Many Violations

Under Illinois Administrative Code, if an individual is convicted of three or more designated traffic violations in a 12 month period, it will result in a driver’s license suspension or revocation. Some examples of violations that can lead to this include speeding, street racing, or reckless driving. Most of the moving violations are codified in Chapter 11 of the Illinois Code, but not all of them (for example, driving without a valid license is found in Chapter 6).

For moving violations, it may be possible to be sentenced to court supervision that lasts a period of between 90 and 120 days. If, at the end of the supervision term, the driver has not been cited for another moving violation, the ticket is dismissed without a conviction. The driver must also have paid all applicable fines and court costs.

The supervision period begins on the date the driver pleads guilty or is found guilty in traffic court. If the driver is cited for another moving violation during the period, the supervision sentence is revoked and the driver is convicted on the underlying ticket. Additionally, the new ticket also counts towards the three-ticket limit. A person can only be given court supervision twice in one year.

Importantly, equipment violations do not usually count toward the limit of three violations. Examples of equipment violations include driving without a taillight, while not wearing a seatbelt, or with a loud muffler.

Length of Suspension

The length of suspension is determined by how many points the individual has on their driving record and whether he or she has had any prior license suspensions. Drivers accumulate points on their record when they are convicted of a violation. The following table is for drivers with no prior suspensions within the seven-year period from the effective date of the suspension or revocation:                   

                    Number of Points                                      Action                            

                             0-14                                         No Action

                             15-44                                       2-month suspension

                             45-74                                       3-month suspension

                             75-89                                       6-month suspension

                             90-99                                       9-month suspension

                             100-109                                   12-month suspension

                             110 or more                             Revocation

Under Illinois law, driving on a suspended license is a Class A misdemeanor, which can result in a jail sentence of up to one year and a fine of $2,500. Additionally, the period of suspension will be extended to a like period of time as the original suspension.

While moving violations usually can be taken care of by simply paying a fine, in some cases, there may be additional consequences. As a result, it is important that you treat moving violations seriously. If you would like more information, speak with an experienced Illinois criminal defense attorney today. Our firm provides representation for communities like Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association. 




Recent Posts


Schaumburg personal injury lawyers Crystal Lake pedestrian accident lawyer dog bites Illinois red light cameras elder law Palatine employment law lawyer Crystal Lake personal injury attorney Illinois estate planning attorney Barrington Illinois estate planning lawyer Arlington Heights personal injury lawyer probate trucking accidents drug possession Illinois insurance lawyer Illinois attorney Class A misdemeanor mortgage real estate attorney Rolling Meadows litigation lawyer Arlington Heights pedestrian accidents Illinois traffic attorney trustee Barrington employment law attorney Illinois estate planning food poisoning Jay Andrew drunk driving Mount Prospect wills and trusts lawyers insurance claim delay Illinois Wage Payment and Collection Act fatal car accidents financial advisors brain injury Illinois pedestrian accident attorney Illinois personal injury employee misclassification Crystal Lake injury attorney Barrington Traffic Lawyer insurance agent negligence power of attorney Palatine criminal defense lawyer personal injury child safety forming a corporation in Illinois Crystal Lake medical malpractice lawyer jet ski disability benefits employment contract Crystal Lake criminal defense attorney Palatine corporate attorney Inverness probate lawyer wills and trusts deed transfer unpaid assessment sexual harassment Arlington Heights real estate lawyer natural gas first degree murder probate process Palatine civil attorney Illinois Probate Act of 1975 Des Plaines personal injury attorney wrongful termination denied insurance claim surgical mistakes Palatine law firm Riverwoods estate planning lawyer pedestrian injuries, pedestrian fatality employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights Traffic Lawyer Home Sale Contingencies Crystal Lake medical malpractice law firm Arlington Heights injury attorney Kenilworth estate planning attorney Rolling Meadows DUI lawyer Palatine injury attorney low-ball insurance settlement Inverness DUI lawyer federal crimes Illinois motorcycle accident lawyer premises liability hit and run accident Employment Discrimination Law Illinois Workers’ Compensation Commission Arlington Heights wills and trusts lawyer Illinois wills and trusts insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Chicago estate planning Illinois tax attorney TBI Chicago car accident lawyer business litigation Colin Gilbert pet bites personal injury law firm drunk driving statistics Detainer Actions traumatic brain injuries Inverness accident lawyer Crystal lake insurance dispute attorney Long Grove estate planning attorneys estate planning attorney traffic violations defense bike accident icy parking lots Arlington Heights TBI attorney Des Plaines accident attorney Long Grove real estate lawyer Illinois speeding lawyer Des Plaines Traffic Lawyer back injuries liability modern family estate planning Buffalo Grove law firm Des Plaines civil attorney Illinois business lawyer real estate zoning Illinois insurance attorney cell phone drug crime insurance agents hands free device Palatine traffic lawyer Crystal Lake traffic lawyer Illinois DUI attorney Barrington civil litigation attorney life insurance lawyer medical malpractice claims traffic deaths compensatory time texting and driving Illinois medical malpractice lawyers Fourth of July dram shop law Crystal Lake estate planning lawyer Chicago lawyer head on collisions Illinois employment law firm insurance adjusters distracted driving accident victims Schaumburg traffic lawyer Palatine traffic accidents Des Plaines claims law firm personal injury attorney unauthorized overtime tax attorney license suspension Des Plaines real estate lawyer medical malpractice compensation minimum wage Kenilworth estate planning lawyer boating under the influence insurance denials Illinois rollover accident lawyers Arlington Heights estate planning attorney IRA benefits estate attorney fiduciary rule Crystal Lake traffic attorney Buffalo Grove traffic lawyers car collision suspended license Chicago biking tips Barrington estate planning lawyer Illinois jet ski accident lawyer Illinois small business Schaumburg injury lawyer DMV independent contractor caretaker rights estate planning trusts products liability Rolling Meadows car accident lawyers DUI attorney Arlington Heights insurance attorney Illinois living will Rolling Meadows real estate attorney Schaumburg estate planning attorney federal regulations for LLCs Buffalo Grove criminal defense lawyer Federal Food Drug and Cosmetic Act whistleblower protections field sobriety test insurance attorney Legal Info Rolling Meadows personal injury lawyers golf accidents Do Not Resuscitate Illinois business law atorneys Schaumburg estate planning lawyer Palatine insurance lawyer CAM Crystal Lake employment law attorney Palatine probate lawyer Illinois Smoke Detector Act Barrington drug crime attorney underfunded trust fault based insurance Crystal Lake employment lawyer employment law Chicago will attorney, social media platforms, Illinois estate planning lawyer, Palatine workers compensation lawyer anesthesia errors Buffalo Grove injury lawyer Arlington Heights Attorney trench injuries medical malpractice estate planning for college students swimming pools Crystal Lake employment attorney Arlington Heights wills and trusts lawyers Deer Park employment law attorney condo car accident lawyers Crystal Lake medical malpractice attorneys medication errors workers comp Illinois lawyer controlled substance insurance negligence Rolling Meadows personal injury lawyer trusts revenge porn Des Plaines collections attorney Joliet general practice lawyers real estate lawyer Illinois insurance disputes bicycle dooring accidents insurance claim denial Schaumburg personal injury attorney Rolling Meadows employment law attorneys Illinois criminal defense attorney drug crimes real estate living wills caregiver mass shooting cell phone accidents advance healthcare directive South Barrington real estate lawyer DGAA privacy Mt Prospect Attorney BAIID Palatine trusts lawyer pedestrian accidents Arlington Heights tax lawyer Des Plaines personal injury lawyers Buffalo Grove personal injury lawyer meal breaks POA Palatine estate planning lawyer criminal record Schaumburg drug defense lawyer small business Forcible Entry real estate attorneys holiday statistics Crystal Lake accident attorney Buffalo Grove corporate attorney wrongful death slip and fall Rolling Meadows boating crash lawyer Buffalo Grove medical malpractice lawyers wills FMLA special needs trust preventing accidents Palatine business attorney life insurance policy work unions commercial real estate Schaumburg employment law attorneys Deer Park traffic lawyer Illinois bicycle safety Schaumburg estate attorney Inverness insurance attorney reckless homicide Mount Prospect elder law attorney commercial leasing Deer Park motorcycle accident lawyer murder Rolling Meadows accident lawyer internet personal injury claims criminal law Illinois real estate lawyer loss of consortium involuntary manslaughter Fair Labor Standards Act DNR Des Plaines DUI attorney product liability Palatine punch death criminal Arlington Heights car crash attorneys probate claims Liquor Control Act Illinois defective products attorney personal injury claim income distribution deducation digital evidence uninsured motorist Illinois elder law attorney Whistleblower Claims car crash digital media accounts, estate planning, Arlington Heights estate planning attorney, bad faith insurance claims drugs Inverness elder law lawyer Illinois mortgages Schaumburg civil litigation attorney employment law, Illinois employment laws employee discrimination real estate closing Transfer on Death Instrument Arlington Heights personal injury attorney health insurance dispute Illinois trusts attorney Schaumburg Attorney trauma after an accident pet law Rolling Meadows Traffic Lawyer Inverness civil lawyer Illinois medical malpractice claim Illinois workplace discrimination attorney Illinois traffic laws agent Inverness estate planning lawyer Illinois employment law attorneys Illinois employment laws Buffalo Grove employment lawyer investment property in terrorem provision estate plan Crystal Lake will lawyer changes to mortgage law Crystal Lake civil litigation lawyer Super Mario Barrington medical malpractice lawyers insurance claims DUI penalities marijuana crimes attorney Family Medical Leave Act IRELA Rolling Meadows criminal lawyer living trust vs will blended families Long Grove wills and trusts attorneys Illinois workers compensation attorney Policy Cancellation automated cars Illinois insurance claim dispute lawyer severance agreements Rolling Meadows insurance lawyer Illinois employment attorneys DUI overtime violations liens Barrington boating accident attorney Self-Directed IRA Accounts Arlington Heights accident attorney underinsured motorist spinal cord injuries Illinois real estate Long Grove real estate attorney Des Plaines drug lawyer Rolling Meadows estate planning attorney Buffalo Grove probate lawyer workers compensation benefits Crystal Lake personal injury lawyer Chicago insurance law firm new real estate form LLCs civil rights violation medical marijuana Illinois insurance claim dispute lawyers Inverness personal injury attorney Chicago trucking accident attorney insurance dispute attorney traffic crimes gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys breathalyzer test Illinois probate lawyer car crashes Illinois insurance claim attorney Rolling Meadows drug defense attorney Illinois employment lawyer Palatine elder law attorney Illinois personal injury attorney Illinois traffic accident lawyer irrevocable trust Chicago will attorney traffic accidents ObamaCare real estate leasing defective products Illinois Human Rights Act personal injury accidents traumatic brain injury Rolling Meadows traffic law firm Rolling Meadows eluding a police officer traffic offenses estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, rollover accidents Illinois home inspection pedestrian accident manufacturing Illinois job attorney Palatine personal injury lawyer Illinois medical malpractice case Rolling Meadows corporate lawyer Home Remodeling Repair Act Illinois trucking safety Des Plaines pet law attorney sexual images home inspection lawyer DUI defense appealing an insurance claim Rolling Meadows business lawyer traffic violations insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys insurance disputes murder defense Chicago insurance claim attorneys drug crimes lawyer Illinois personal injury lawyers Illinois corporate lawyer Barrington employment law firm Arlington Heights car accident lawyer installment contracts speeding distracted driving accidents Barrington personal injury attorney Arlington Heights employment law attorneys Arlington Heights lawyer Illinois workers compensation lawyer capital gains tax Chicago corporate attorney living trust benefits Palatine civil litigation lawyer Rolling Meadows marijuana attorney workplace sexual harassment Deer Park real estate law firm Food and Drug Administration's Food Safety Modernization Act South Barrington real estate attorney ACA jet ski accidents Illinois employee rights attorney. Illinois wills and trusts attorneys Schaumburg probate attorney problem employees Palatine corporate law attorneys Schaumburg elder law lawyer Rolling Meadows personal injury attorney Inverness injury lawyer insurance claim denials marijuana right to work Crystal Lake law firm Buffalo Grove real estate attorney accidental death benefits employment lawyer defective products lawyer denied insurance claims Illinois registered agent Mount Prospect real estate lawyer Illinois will lawyer owner responsibility insurance claim dispute consent to a search probate claims process Illinois employment law Des Plaines personal injury lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys attorney fees Schaumburg car accident attorney Deer Park medical malpractice attorney Rolling Meadows Attorney Deer Park accident attorney Rolling Meadows employment law attorney Landlord Tenant Ordinance Barrington criminal defense lawyer natural gas explosion Illinois driving without license BAC car accident Deer Park DUI lawyer Barrington workers compensation attorney insurance claim insurance claim dispute attorney Illinois car accident attorney Illinois Transfer on Death Instrument Chicago estate planning lawyer Schaumburg Palatine real estate lawyer digital assets Illinois LLC creation llinois Real Estate Lawyers Association elder abuse Illinois estate planning law firm Rolling Meadows insurance attorney Crystal Lake bike accident lawyer license reinstatement Barrington employment attorney foreclosed rental property Barrington personal injury lawyer traffic laws auto accidents IRS Schaumburg construction accident lawyer Illinois traffic attorneys Schaumburg real estate lawyer FSLA Rolling Meadows tax attorney insurance dispute Arlington Heights criminal lawyer Buffalo Grove personal injury attorney Buffalo Grove insurance claim dispute lawyers operating agreements texting while driving life insurance claims Illinois collections attorney fiduciary rule delay Rolling Meadows traffic attorney spinal cord injury Affordable Care Act Illinois employment law attorney Deer Park criminal attorney commercial leases Illinois injury lawyer motorcycle accident construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Des Plaines insurance attorney Buffalo Grove traffic attorney PTSD medical research gift taxes nursing home negligence expungement homestead rights employment attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois traffic ticket lawyer vacation home fines Illinois law estate planning lawyer Crystal Lake insurance lawyer Arlington Heights traffic attorney pedestrian-automobile accident power of attorney for healthcare blood alcohol content pain and suffering comp time underage DUI Buffalo Grove car accident lawyer Schaumburg insurance lawyers rent to own real estate contracts deadly crashes preventable medical errors privacy laws probate fees Rolling Meadows insurance dispute lawyers Rolling Meadows insurance dispute lawyers, insurance dispute hiring employees insurance denial appeals Illinois personal injury lawyer trucking accident lawyers Deer Park workers compensation lawyer digital information Long Grove estate planning attorney Rolling Meadows employment attorney GM ignition switches landlord civil litigation boating accidents guardianship attorney social media after death Long Grove estate planning Rolling Meadows medical malpractice lawyers residential real estate Des Plaines medical malpractice attorney estate planning Arlington Heights employment attorney trust payments healthcare dynasty trusts Illinois Sales Representative Act healthcare claims Schaumburg criminal attorney Illinois insurance claims lawyers denial of life insurance pizza emoji bicycle accidents Palatine employment lawyer Illinois insurance dispute lawyers Palatine employment attorney breach of contract wage theft Deer Park personal injury lawyer Inverness traffic law firm Des Plaines personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys employees Arlington Heights wills and trusts attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers slip and fall accidents creditors civil litigation attorney workers compensation Thanksgiving startup company college kids corporate law Illinois civil litigation lawyer Barrington litigation attorney unpaid overtime Palatine Attorney clemency real estate contract criminal defense Arlington Heights trucking lawyer IRA trust transfer ken apicella Des Plaines motorcycle accident attorney car crash injuries murder charges rollover car crashes Rolling Meadows criminal attorney Chicago traffic lawyer vacation home School Visitation Rights Act car accident lawyer traffic tickets paid sick leave Des Plaines injury law firm Chicago attorney sole proprietorship Barrington estate planning attorney Illinois Barrington real estate lawyer Crystal Lake business law attorneys Inverness corporate attorney Des Plaines drug crimes lawyer Illinois wrongful termination lawyer landlord tenant law probate lawyer Arlington Heights medical malpractice lawyer unfunded trust motorcycle accident lawyer no contest clauses life insurance license revocation Barrington injury attorney Illinois construction accident attorney Palatine construction attorney boating DUI Des Plaines tax law firm pregnant women construction accidents BUI Arlington Heights wills and trusts attorneys dealing with problem employees Inverness real estate lawyer Des Plaines real estate attorney employee rights Crystal Lake tax lawyer license rest breaks Deer Park traffic accident attorney Exclusions Chicago employment attorney senior citizens Illinois boating accident lawyer job lawyers Schaumburg wrongful death attorney crossover accidents foreclosure Schaumburg criminal law attorney Chicago employment lawyer Barrington business law firm Crystal Lake car accident lawyer filing a medical malpractice claim Attorney Ken Apicella wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Kenilworth estate planning attorneys taxes living trust Barrington criminal lawyer truck collisions medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Crystal Lake car accident attorney Crystal Lake pet attorney Schaumburg employment attorney Schaumburg corporate attorney Colin H. Gilbert Illinois medical malpractice attorney Schaumburg medical malpractice lawyer personal injury lawyer liability claims institutional trustee Illinois workplace lawyer overtime pay cell phone tower data condo association estate tax loopholes Schaumburg personal injury lawyer Rolling Meadows probate lawyer car accidents rumble strips Des Plaines criminal attorney driving Illinois pet lawyer Palatine drug lawyer Retaliatory Discharge Barrington attorney Inverness real estate attorney