|
|
|
Recent Blog Posts
Can I Refuse to Take a Field Sobriety Test in an Illinois DUI Stop?
Being pulled over by the police for any reason can be a nerve-wracking experience. Something about those flashing red and blue lights in the rearview mirror can instill fear and anxiety in even the most innocent people. If an officer has reasonable suspicion that you are driving under the influence of drugs or alcohol, he or she will pull you over to further investigate. During the traffic stop, the officer will be looking for any sign that you are impaired beyond the point of safe driving. Before an arrest can be made, there must be probable cause. One of the ways an officer obtains probable cause is by performing field sobriety tests, such as asking you to walk in a straight line or stand on one foot. However, if an officer asks you to complete a field sobriety test, do you have the right to refuse in Illinois?
What Is the Chronology of an Illinois DUI Traffic Stop?
In all 50 states, it is illegal to drive while under the influence of drugs or alcohol. When you are intoxicated, your body does not react to instances in the same way as it would when you are sober. Your response time is slower, your reflexes are diminished, and your cognitive abilities are impaired. This is what makes accidents involving an intoxicated driver so deadly. There were 27,046 people arrested for DUI in Illinois in 2017, according to the Secretary of State’s office. Being convicted of a DUI can result in serious penalties, including driver’s license revocation, fines, and even jail time in some circumstances.
Before the Stop
Before you are pulled over, a police officer must have probable cause to conduct a traffic stop. In other words, the officer cannot just randomly choose a car to pull over; there has to be a legitimate reason for the stop. Common factors that lead officers to pull over vehicles on suspicion of DUI include erratic driving, lane swerving, or speeding.
What Happens If My Illinois FOID Card is Revoked?
In today’s world, firearms have become a popular topic of conversation in both the legislative arena and in everyday life. Many lawmakers have pushed for increased regulation of the sale, purchase, and use of guns throughout the country, but many Americans still cling to their Second Amendment rights. The state of Illinois has fairly strict laws when it comes to guns. If you wish to possess a firearm in Illinois, you must first apply and receive a firearm owner’s identification (FOID) card. Similar to a driver’s license, the card contains information about you and is proof that you are permitted to own a firearm. In certain situations, your FOID card could be revoked, which would require you to take certain steps to avoid criminal charges.
How Can I Lose My FOID Card Privileges?
What Is the Drug Court Treatment Program for Illinois Juvenile Offenders?
Drug use among teenagers has been declining for some time now, although it still remains a problem, especially among teens who are involved in the juvenile justice system. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) reported that an estimated 1.3 million teenagers aged 12-17 had a substance abuse disorder in 2014. According to multiple studies, around half of the youths within the juvenile court system have problems related to alcohol or drugs. Rather than leave these disorders untreated, teens who come into contact with the juvenile justice system and have an apparent drug or alcohol problem can be referred to the juvenile drug court treatment program.
Determining Eligibility
In order to be admitted to the drug court treatment program in Illinois, a juvenile offender must be referred and must meet all eligibility requirements. For a juvenile to be eligible for the drug court treatment program, he or she must:
Illinois Passes Law to Eliminate Statute of Limitations on Sex Crimes
Due to the #MeToo movement and revelations about the criminal actions of some public figures, some types of crimes are receiving increased scrutiny. Accusations of sex crimes, such as sexual assault, are becoming more common, and offenders can face significant penalties, including imprisonment and fines. However, in some cases involving sex crimes, the accusations may come years after the crimes allegedly occurred, and the statute of limitations may have passed. The “statute of limitations” is a designated period of time in which an individual can bring legal action against another party. Recently, Illinois became the eighth state to remove the statute of limitations on sex crimes, and those who are facing these types of charges should be sure to understand how this change in the law may affect them.
How Is a Commercial Driver's License Affected By a Speeding Ticket?
Speeding is a rather common traffic offense in Illinois and throughout the United States. It is easy to speed, because in many cases, a person does not even realize they are going over the speed limit. Traveling over the speed limit may seem like a victimless offense, but according to the National Highway Traffic Safety Administration (NHTSA), speeding killed more than 9,700 people in 2017 alone, or around 26 percent of all people killed in traffic accidents that year. Because of the danger speeding poses, Illinois laws can be rather serious when it comes to punishing violators. Any person who speeds is technically breaking the law, but those who have a commercial driver’s license (CDL) may face other consequences that could potentially damage their careers.
What Are the Consequences for Violating an Order of Protection in Illinois?
We have all gotten into arguments with our loved ones before. When disagreements escalate to the point where one person fears for his or her safety, the police can intervene, and domestic violence charges may be pressed. Domestic violence is estimated by the National Domestic Violence Hotline to affect more than 12 million people each year. It can occur between parents and children, siblings, spouses, or people in romantic relationships who live together. Accusations of this type of violence can involve a variety of alleged behaviors, including physical, emotional, or sexual abuse. One tool that is frequently used in domestic violence cases is an order of protection, and a person who is subject to this type of order should understand what it may entail and the potential consequences for a violation.
What Are the Penalties for Reckless Driving in Illinois?
Traffic violations are not uncommon. Millions of people each year are issued citations and tickets for breaking traffic laws. Most of the time, these tickets just require the driver to pay a specified fine. In some cases, the driver may have to appear in traffic court to settle the issue. In other cases, a police officer might perform an arrest at a traffic stop if he or she believes the offense was serious enough. One such charge that warrants an arrest in the majority of cases is reckless driving, which is considered a misdemeanor charge in Illinois. But what exactly does the offense of reckless driving mean?
Examples of Reckless Driving
According to the Illinois Vehicle Code, reckless driving occurs when a person does one of the following actions:
-
Drives a vehicle with “willful or wanton disregard” for other drivers’ safety or other people’s property
Understanding Illinois’ Statutory Summary Suspension Laws
Driving while you are under the influence of drugs or alcohol is never a good idea, and there are many consequences you can face for this serious crime. Not only do you face criminal penalties for a DUI, but you can also face administrative penalties, which can and typically will be added onto any criminal penalties. If you are arrested for DUI and test over the legal limit for alcohol or drugs, you face an automatic suspension of your driving privileges by the Illinois Secretary of State, all without even needing to be convicted of a crime. You can fight a statutory summary suspension of your driver's license, but you will need help from an experienced attorney.
What Is a Statutory Summary Suspension?
Basically, a statutory summary suspension is the administrative penalty that the Illinois Secretary of State imposes in DUI cases. If you fail a chemical test or refuse to take a test after being arrested on suspicion of drunk driving, you will be subject to a statutory summary suspension. These penalties are completely separate from any criminal penalties that you may face for DUI-related reasons.
What Happens if I Do Not Show Up to My Traffic Court Hearing in Illinois?
If you receive a traffic ticket while driving in the state of Illinois, the police officer who issued the ticket will tell you if you are required to appear in court to settle the ticket. If you are not required to appear in court, you will have three options:
- Plead guilty, pay the fine, and receive a conviction on your record.
- Plead guilty, pay the fine, attend traffic safety school, and forego a conviction.
- Plead not guilty and request a trial.
If you request a trial, or if the officer informed you that you must attend a court date, you are legally required to do so. If you forget about your court date, or if you simply decide not to show up, you could face more severe consequences.
Consequences for Fine-Only Violations
CALL US TODAY AT 847-253-3400 FOR A FREE INITIAL CONSULTATION
Client accused of burglary was acquitted due to our skillful cross examination of eye witness identification.
Client accused of causing the death of another while driving under the influence - Acquitted.
Client accused of first degree murder - Acquitted.
Client accused of embezzlement - Charges never filed.
Hundreds of Secretary of State hearings for Drivers License Reinstatement - Won.
121 S. Wilke, Suite 301, Arlington Heights, IL 60005
847-253-3400
