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Recent Blog Posts
Conviction of a Felony DUI Can Lead to a Loss of Your Firearm Rights
Americans sometimes take their rights for granted. What happens, though, when your own decisions result in a loss of your rights? This is, unfortunately, a possibility when one is convicted of a felony DUI. Learn more with help from the following information.
Your Right to Bear Arms
The right to bear arms is protected by the Second Amendment of the Constitution. However, this right can be revoked. This is what typically happens to individuals who have been convicted of a violent offense (domestic violence, aggravated assault with a deadly weapon, etc.). Yet it can also happen to those with non-violent felony offenses.
Felony DUI Offenses
Typically, felony DUI offenses apply to those who have two or more previous convictions. However, there are situations in which even a first or second time offender can face felony charges. For example, first-time offenders who experience an accident that results in bodily harm to a minor (under the age of 16), may face felony charges. DUI crashes that result in the death of another may also result in a felony charge.
Illinois DUI Basics: Refusing a Blood, Breath, or Urine Test
Being pulled over can be scary. Matters become worse when the officer comes to your window and asks you to step out of your car, or requests that you submit to a breathalyzer or chemical test. Do you really have to comply, though? What, exactly, are your rights in this situation? More importantly, what are the potential consequences for refusing to comply? The following explores these questions, and provides you with information on where to find help with your DUI case.
Ownership of a License and Implied Consent
When you applied for your driver’s license, and that application was approved, you gave what is considered “implied consent.” Essentially, this means that you gave consent, at that time, to be tested for impairment if an officer pulls you over or arrests you for suspicion of a DUI. Now, they cannot force you to submit to chemical or breath tests. They can, however, arrest you and suspend your license for failure to submit to chemical or breath testing.
DUI Charges Can Escalate Quickly
Although a driving under the influence (DUI) conviction does carry its own set of consequences, they often pale in comparison to what can happen if you fail to comply or do not appear for court when summoned. This is a difficult lesson that one Illinois man is currently facing. Learn more about the risks of a DUI charge, and how you can mitigate them, with help from the following.
Failure to Appear in Court Escalates Misdemeanor to Felony
When the Illinois man allegedly crashed his vehicle on Interstate 74, killing a local woman, the Illinois State Police decided not to arrest him. Instead, they sent him a misdemeanor DUI ticket and a notice to appear in court. He reportedly failed to appear, so the judge repealed his ticket and, instead, filed charges for a felony aggravated DUI and a warrant for his arrest. Once he is brought into custody, he will face a bond of $100,000. He will also have to face the risk of heightened consequences if he is convicted of his charges.
Fighting a CDL Traffic Ticket – What You Should Know
While all drivers are held responsible for their actions and decisions, those who hold a commercial driver’s license (CDL) are held to even higher standards. Further, the loss or suspension of a license can result in a loss of income. Learn how you can fight against a CDL traffic ticket, and why you should, every single time.
Disqualification as a CMV Driver
Under Illinois state law, CDL drivers are disqualified from operating a commercial motor vehicle (CMV) if they are convicted of two or more “serious traffic violations” within a three-year time-period. Suspensions can last anywhere from 60 days to 10 years, depending on the circumstances. It is also important to keep in mind that this applies, regardless of whether you were operating a commercial vehicle or non-commercial vehicle at the time of your ticket.
Illinois’ Medical Marijuana Laws - What Every Patient Should Know
Although the Food and Drug Administration (FDA) does not acknowledge marijuana as a prescription drug, there are currently 28 states with medical marijuana laws in place. Illinois is one of those states. Yet users should know legalization does not mean free reign. There are still regulations, stipulations, and limitations that must be followed, and any failure to do so can result in serious consequences. The following explains further.
Approved Conditions
Passed in 2013, and put into effect in 2014, the Compassionate Use of Medical Cannabis Pilot Act currently includes 40 chronic diseases and conditions. Though not an exhaustive list, some of the most commonly covered conditions include:
- Cancer,
- HIV,
- Glaucoma,
Adding Injury to Insult: Leaving the Scene of an Accident While Intoxicated
Driving under the influence is a serious offense in Illinois, and it carries the risk of severe penalty. Being involved in an accident while under the influence can increase the severity of those penalties. Yet this aggravating factor is pale in comparison to what could happen if you leave the scene of that accident (otherwise known as a hit-and-run accident). If you or someone you love is facing such charges, the following can help you understand what the potential consequences might be. It also explains how you may be able to mitigate them.
Hit-and-Run Property Damage Accidents
If you are in an accident that causes damage to he property of another and you then leave the scene without providing aid to the property owner or, at the very least, reporting the incident, you could be charged with a Class A misdemeanor. The Secretary of State may also suspend your license if the property damage exceeds $1,000. Depending on the situation, you may also be subject to additional charges related to your DUI. If, for example, you were caught on camera driving in a reckless or erratic manner, the prosecution may file additional charges against you.
Federal Gun Ban for Domestic Violence Offenders Upheld
Domestic violence charges are not something to ignore. Able to affect your job, housing, and upend your life in numerous ways, such charges can be used in custody and other family law cases, which could keep you from your family. Conviction can also impact your right to own or use a firearm. The following explains more about this prohibition, and provides details on how to ensure your rights are protected, right from the very start.
Federal Gun Ban Extended
Originally the law only barred those convicted of violent felonies from owning a gun, but Congress extended the ban in 1996 to also cover misdemeanor convictions of domestic violence. Such offenses are the most common charge of physical assault occurring in homes across the United States.
Can You Refuse a Field Sobriety Test in Illinois?
Getting pulled over for a DUI is a nerve-wracking experience. It is also one that can make you feel powerless - as if you have to comply. You do have rights, however, and you should exercise them to the fullest extent. This includes your right to refuse a field sobriety test. Before you do, though, there are some things you should know. The following explains further, and provides you with some key information on how to ensure all of your rights are protected in the face of a DUI charges case.
The History and Use of the Field Sobriety Test
Developed and first implemented in the 1970s, the field sobriety tests are the standard method officers use to determine if a driver may be intoxicated. They are not quite as fail-proof as some might lead you to believe, however. In fact, sober people can find it difficult to pass the field sobriety test. This can be especially true for someone who suffers from a medical condition that causes poor balance or lack of eye coordination. One can also fail the test for other reasons that are completely unrelated to intoxication (i.e. fatigue, stress, etc.). Yet field sobriety tests are used to make DUI arrests each and every day.
Warrenville Man Gets Six Years Following Fatal DUI Crash
A fatal drunk driving accident in Illinois has led to a six-year prison sentence for a man from Warrenville. This case is a prime example of how drunk driving crashes involving serious injuries or death can result in severe consequences. As such, it is crucial that the accused seek counsel from a DuPage DUI attorney. This can ensure the defendants rights are protected, and may even result in a decreased sentence or a dismissal of all charges.
About the Accident
According to authorities, the Warrenville man lost control of his vehicle and swerved off the road into a bank of trees on the night of April 25th, 2013. His passenger suffered a critical injury to the head, as well as other injuries, and later passed away in the hospital. Another woman, also from Warrenville, was also fatally injured in the crash.
DUI Charges Do Not Have to Result in a Suspended License
In Illinois, drivers arrested on DUI charges face an automatic suspension on their license. Otherwise known as a statutory summary suspension, this remains in effect until the suspension period has ended (one year for a first-offense), until the driver obtains driving relief through a Monitoring Device Driving Permit (MDDP), or unless the charges are mitigated or dismissed. Ideally, the final option is the one you should pursue. The following covers the why and how of fighting a DUI charge, and explains where you can find experienced assistance.
Taking a Look at the Bigger Picture
If you know you were driving intoxicated - perhaps because of a temporary lapse in judgement or because you suffer from a chronic illness (i.e. alcoholism) that makes it difficult for you to make sound decisions while intoxicated - you may be tempted to just live with the consequences of your charges. After all, it does seem like the responsible thing to do. Unfortunately, when you look at it this way, you may not be looking at the bigger picture.
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.
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