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Recent Blog Posts
Illinois Law Enforcement Planning a “Final Push” for Road Safety Over New Year Holiday
This year is coming to a close, and another one will soon begin. As per the annual tradition, many will be ringing in this new year with their friends, family, coworkers, and acquaintances at parties, events, and get-togethers. Knowing this - and the propensity for people drink at these gatherings - Illinois law enforcement is planning to make a “final push” for road safety over the New Year. Learn what you need to know about DUI checkpoints, DUI testing, and your right to quality legal defense with help from the following information.
DUI Checkpoints This New Year’s
According to the Illinois Department of Transportation and Illinois State Police, there will be more than 200 law enforcement agencies across the state engaged in this final push for road safety. They will be running seat belt checks, DUI checks, and setting up DUI checkpoints. That means almost any driver - intoxicated or not - could be at risk for a traffic stop. If suspected of a DUI, these extra stops could also place numerous people in jail over the holiday season - some of which may not have even been intoxicated at the time of their stop.
DUI Involving the Death of a Passenger Can Result in Felony Charges
Typically, the people that are with us when we are out on the town, visiting family, or running errands are close to us. If these same people happen to be in a vehicle during a crash, their lives are at risk. Should that risk become a reality, it can devastate the one driving. This is especially true when alcohol is involved. Guilt, grief, and loss in such situations can be overwhelming. Yet these are not the only consequences of a DUI crash.
Loved ones of the fatally wounded victim may blame the driver. Even the law may hold them responsible for the victim’s death. In fact, in some cases, it could result in a felony charge. If you or someone you love is facing such a tragedy, the following information can help you move forward and may assist you in putting your life back together.
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Driving on a Suspended License in Illinois – Understanding the Potential Consequences
Driving on a suspended license is a punishable offense in the state of Illinois. Unfortunately, determining the severity of that punishment is not always a straightforward process. There may be extenuating circumstances that may have led to the suspension that can work as aggravating factors. Further, if someone is injured or killed by someone driving on a suspended license, the consequences could change. Learn what you need to know about the potential consequences of driving on a suspended license in Illinois, and how you may be able to avoid them.
Minimum Consequences for Driving on a Suspended License
In the state of Illinois, driving on a suspended license is considered, at minimum, a Class A misdemeanor offense. This is the most serious form of misdemeanor, and it can lead to incarceration of up to one year. Convicted offenders may also face monetary fines, a longer suspension period, community service, extra points added to their record, and other possible consequences. Keep in mind, however, this is just the minimum consequence. Any aggravating factors can increase your penalties.
DUI Consequences for Underage Illinois Drivers
Drinking and driving can have serious consequences for any driver, but those under the age of 21 have the additional burden of a zero tolerance law. Underage drivers also have slightly different (and more severe) penalties than adults if they are caught driving while intoxicated. The following explains the potential consequences of an underage DUI. It also provides some valuable information on how they might be avoided, should an arrest occur.
What is the Zero Tolerance Law?
For non-commercial drivers over the age of 21, the legal limit of intoxication is a BAC of 0.08 or higher. Drivers under the age of 21 are held to a much higher standard because they are not of legal age to drink. This standard, which is known as the zero tolerance law, states that they can be penalized with a DUI if they have any trace of alcohol in their system. In other words, they cannot surpass a 0.00 BAC.
Understanding the Consequences of Child Pornography Charges in Illinois
Sex crimes, in general, are severely punished in the state of Illinois. However, those that pertain to children often receive the heaviest of consequences. This includes (but is not limited to) the possession, distribution, and production of child pornography. Of course, not all cases are as clear-cut as they seem. So, if you or someone you love is up against child pornography charges, learn the consequences, along with what you may be able to do to protect yourself from them.
What Constitutes Child Pornography?
The term child pornography is a broad one, covering all types of media that depict a child (anyone under the age of 18) or disabled person engaging in a sexual act or a simulated sexual activity, including any acts involving penetration, oral sex, masturbation, sexual touching or fondling, and/or urination or excretion of a sexual nature. Owning, distributing, purchasing, possessing, creating, sharing, or selling any such content is illegal in the state of Illinois. So is the act of coercing, soliciting, persuading, enticing, or forcing a child or severely intellectually disabled person to create any such content.
Impending Holiday Season Means DUI Checkpoints – What You Should Know
The holidays are just around the corner. There will be turkey and stuffing, family and friends, spiked eggnog and wine. To keep everyone safe, there will also be DUI checkpoints. Able to put you or someone you love in jail when you should be spending time together, these calculated stops to check for intoxicated drivers are the thorn of the holiday season. The following information can help you avoid this frightening and unfortunate fate this year.
Are DUI Checkpoints Constitutional?
One of the most common questions asked about DUI checkpoints is whether they are considered Constitutional or not. After all, at first glance, it appears that they directly violate the Fourth Amendment, which protects citizens from unreasonable searches and seizures. However, the U.S. Supreme Court has ruled otherwise. DUI checkpoint stops remain Constitutional if they are conducted legally and not done arbitrarily, or for purposes other than those pertaining to government (i.e. keeping the roads safe). It is also important to note that they may not violate any other rights of citizens.
What the State Does Not Want You to Know About Sobriety Testing
When you are arrested on a DUI (driving under the influence), your license is automatically suspended unless you choose to fight back. Would you really fight, though, if you know that you did drink, got behind the wheel, and tests showed you to be over the legal limit? Maybe not. In fact, many drivers in the same situation simply accept their “punishment.” Yet some of these drivers may not have ever been over the legal limit. The test may have simply been inaccurate. Sounds crazy, right? It is actually more common that you might think.
Field Sobriety Tests
Field sobriety tests have long been the standard test for establishing reasonable suspicion of intoxication while driving. What officers will not tell you is that this test is not easy to complete, even when you are sober. In fact, a couple of years ago, NBC asked some people walking around the mall to do the field sobriety test. All of them failed in one area or another. Some were just not very balanced people. Others were just too tired to focus enough mental energy on the verbal aspects of the test. Add in nervousness and a late-night stop into the mix, it is no wonder so many people fail this test.
When a DUI Charge Includes the Death or Injury of Another
All DUI charges are serious matters, but those that involve the death or injury of another can result in heightened penalties. Just how serious can these consequences be? It depends on the situation. However, there are general guidelines, laws, and statutes that can help explain what you may be up against in a DUI that has caused death or bodily harm.
Death and Injury in a DUI Accident
If, while intoxicated, you are in a crash that causes bodily harm, death, or disfigurement to another person, it is generally considered an aggravating factor in your case. The weight that it will be given may vary, depending on the level of harm that was caused. Further, it is important to understand that each death or injury is considered a separate count, and that even an unborn fetus may be considered a separate count. More weight may also be given to the death or injury if you are on a subsequent DUI, rather than a first-offense DUI.
Judge Rules a Doctor’s Profession is an Aggravating Factor in DUI, Not a Mitigating One
While a DUI conviction can damage anyone’s reputation, livelihood, or financial situation, those that are licensed medical professionals are considered to be at an especially high risk for serious consequences. They can lose their license to practice, and, as evidenced in a recent DUI case involving an Illinois physician, their profession could actually be used against them. If you are a licensed medical professional who was recently arrested for a DUI, learn how you can best protect your future.
Using Your Duty to Protect Against You
As a healthcare professional, you have an implied, and in some cases, sworn duty to protect the public from harm. Driving under the influence of any substance, including alcohol, marijuana, prescription drugs, or other illicit substances, is in direct conflict with that duty. For this reason, the court may see your standing in the community as an aggravating factor in your DUI case, rather than a mitigating one. This is exactly what happened to a local orthopedic surgeon who was recently convicted of his seventh DUI and sentenced to six years in prison.
Dealing with False Domestic Battery Allegations in Illinois
Domestic battery is considered a serious offense in the state of Illinois. This is due, in part, to the awareness and movements associated with domestic violence prevention. What do you do, though, when the allegations against you are completely false? Are you even at risk if you are truly innocent? It may seem that the obvious answer is no, you are not at risk if you have not done anything wrong. Yet this is not always the case. The following information explains further.
Divorce and Child-Related Matters Often a Catalyst for False Allegations
While not always the case, child-related matters and divorce often serve as a catalyst for false allegations of domestic battery. It may be a ploy to increase the accusing party’s portion of the divorce settlement, or it could be an attempt to gain more rights to a shared child. Alternatively, there may be no reason outside of wanting to make the other person “pay” for wanting a divorce. Such acts of retribution, revenge, or manipulation might seem easy to disprove, but this can be a slippery slope for the wrongly accused.
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