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Recent Blog Posts
Illinois' DUI Laws and Medical Marijuana: What You Need to Know
In 2014, the medicinal use of marijuana became legal in the state of Illinois. State law also made a provision for these users that is supposed to protect them if they choose to drive while not directly under the influence. Are they really protected, though? Like all things, it really just depends. Some might even argue that medical marijuana users are at an even higher risk of being charged with a DUI. The following information explains, and it can help you understand what to do if you are facing such charges.
Driving Protection to Medical Marijuana Users? Not Quite
While, in theory, the Medical Cannabis Act gives you the ability to drive with trace amounts of the drug in your system (supposedly without the fear of litigation), reckless driving of any sort could put you at risk for a DUI. As an example, holding a registry card is not supposed to be considered enough to constitute reasonable suspicion. Yet, if you pair that registration card with running a red light (even entirely sober), the officer can cite reasonable suspicion and require you to complete a field sobriety test. Of course, passing the test should be easy, as long as you are not under the influence, right?
Fighting a DUI in Illinois – Using Reasonable Doubt to Gain Leverage in Your Case
Often, drivers who are arrested on a DUI assume that the evidence against them is irrefutable, and that they must simply accept the consequences of conviction. Nothing could be further from the truth! In fact, there are many defenses that may be used to raise suspicion in your case. Learn more about reasonable doubt, and how you may be able to use it as leverage in your defense.
Why Reasonable Doubt is So Important
Because the prosecution is burdened with proving your guilt beyond a reasonable doubt, suspicion can, in some cases, be enough to have your charges dropped. This is a Constitutional right provided to all Americans, and it was enacted to ensure that innocent people were not wrongfully convicted of crimes they did not commit. Yet, raising that suspicion requires extensive knowledge in the legal field, and in the policies, procedures, and testing used to convict DUI offenders. This is why the assistance of an attorney is critical in the fight against your charges.
DUI Conviction and the BAIID - What It Means to Have a BAIID in Your Car
In the state of Illinois, even first-time DUI offenders are at risk for a suspension of their driving privileges. Some are able to regain restricted driving privileges through a Monitoring Device Driving Permit, or a Restricted Driving Permit. Both options require the installation of a BAIID (Breath Alcohol Ignition Interlock Device) on the offender’s vehicle. Learn what it really means to have one of these devices in your vehicle, and how you may be able to avoid the consequences of a DUI conviction.
What is a BAIID and How Does It Work?
A BAIID is basically a breathalyzer for your car. You must blow into it each time you start your vehicle, and even as you are driving down the road. Should you fail to test below the device’s pre-set limits (.00 to .024 BAC), your vehicle will not start. If you blow three or more tests with a 0.25 or higher, then your vehicle will be locked out for 24 hours. If you blow above 0.05, then you will be flagged for a violation. Every violation, blow, and lockout is recorded and will then be detected when you take the device in for monitoring (required every 30 days, or sooner if you are locked out of your vehicle).
Arrested for a Traffic Violation? It Can Happen!
Most people associate traffic violations with consequences like monetary fines and heightened insurance premiums. Of course, all of these penalties are possible. However, there are other, heavier consequences that most people fail to consider. Believe it or not, you can be arrested for a traffic violation. More than that, you could face criminal charges that have the potential to significantly and negatively affect your overall quality of life. If you have been arrested for a traffic violation, know the potential consequences and how you can best protect yourself from them.
Driving Under the Influence
As probably the most commonly experienced traffic violation that leads to criminal charges, driving under the influence violations (DUIs) can have a serious impact on your life. Even on a first offense, convicted DUI drivers lose their license for a year. They also receive a misdemeanor charge on their criminal record, which can somewhat limit their ability to find and/or retain gainful employment. If you are being charged with a DUI, protect your license and contact a skilled criminal defense lawyer.
Facing Sexual Assault Charges in Illinois? Here is What You Need to Know
While almost any criminal charge can have a serious and negative impact on your life and future, those that arise from sexual assault allegations can be especially devastating. Now, instead of just having your job, freedom, and finances on the line, your reputation – and where you fit into your community – could be jeopardized. Moving will not fix anything either since a conviction for one of these crimes tend to follow you everywhere you go. If you are facing a sexual assault charge, understand what is at stake, and what you can do to avoid the negative consequences of conviction.
Majority of Sexual Assault Crimes Are Charged as Felonies
While not all sexual assault crimes are considered felonies, a large percentage of them are. This means that consequences of conviction could be greater. You may be sentenced to a year or longer in prison and you may be forced to undergo onerous supervision once you are released. The felony conviction on your record could also limit your employment and housing opportunities, making it difficult for you to support yourself or your family once you are released.
Illinois Ranked in Top 20 for Strictest DUI States
When it comes to DUI laws and penalties, each state is different. A recent analysis, which was conducted on all 50 of the United States, found Illinois to have some of the aggressive DUI programs. What does this mean for Illinois drivers who are charged with a DUI? First and foremost, it means that every driver facing a DUI should seek assistance from an experienced and aggressive criminal defense attorney. The following information explains why.
Even First-Time Offenders Face Serious Consequences
While many other states simply assign a fine and possible jail time for those convicted of a first-offense or even second-offense DUI, those charged and convicted of a DUI within the state of Illinois face far more serious penalties, even for their first DUI offense.
After a DUI arrest, Illinois offenders are issued a summary suspension of their license. Unless they contest the charges, this automatically suspends their license within 45 days of issuance. Some may be able to seek driving relief through a Monitoring Device Driving Permit (MDDP), but this requires that the driver install a Breath Alcohol Ignition Interlock Device (BAIID). This adds even more fees – calibration fees, monthly maintenance fees, and installation fees – to their growing list of DUI penalties.
Understanding the Costs and Consequences of a First-Offense DUI in Illinois
Each year, more than 30,000 drivers are arrested in Illinois for driving under the influence (DUI). Some are repeat offenders, with at least one other DUI conviction on their records. However, there are others who may be facing their first DUI offense. If you or someone you love falls into the latter group, and you were recently arrested, the following information can help you better understand the cost and consequences of a first-offense DUI in Illinois.
Criminal Consequences
In the state of Illinois, a first-offense DUI is considered a Class A misdemeanor offense, and it carries with it a fine of $500 to $2,500 and the possibility of up to one year in jail. If the defendant agrees to certain conditions (alcohol awareness education courses and a reinstatement process), then the jail time may be waived for first-time offenders. However, this offense is always held on your record, meaning that you a second offense – even 20 years down the road – will have harsher criminal penalties.
Important Changes to Illinois’ Marijuana Laws
Even as other states began legalizing the possession of marijuana, and cities throughout Illinois began to decriminalize it, Illinois held steadfast to the laws that put hundreds of low-level, nonviolent offenders in jail. That has all changed, thanks to the recent passing of Senate Bill 2228. Understand what this bill means for you and your family, and how it may affect you in the future, should you find yourself stopped with marijuana on your person.
Possession Under 10 Grams No Longer a Criminal Offense
Prior to the bill, possession of 2.5 grams of marijuana or less was charged as a Class C misdemeanor, which carried a jail term of up to 30 days. Possession of 2.5 to 10 grams was charged as a Class B misdemeanor, which carried up to a six month jail term. Conviction on either level also resulted in significant fines. Effective immediately, these laws are no longer considered valid. Instead, possession of 10 grams or less is now considered a civil offense, which limits the punishment of being caught with it in your possession to a fine of $200.
How a Criminal Charges Can Place Your Livelihood at Risk – And What You Can Do About It
Many employers now conduct background checks as a condition of employment. In fact, one survey suggested that as many as 92 percent of all employers perform at least some form of a criminal records check before hiring for some or all of their positions. In today’s tight job market such checks can make it extremely difficult for anyone with a criminal record to find gainful employment, and even those that already have a job may be at risk for losing their livelihood. Understand how a criminal conviction can put your job and/or employability at risk, and what you can do to avoid such consequences.
General Employment
Whether it is stocking shelves at a local supermarket or running a register at a local retail store, your criminal record matters when applying for a job. Of course, employers cannot obtain your criminal report without your consent, and they must notify you if they intend to disqualify you because of your record, but this does not help you if a criminal background check is a condition of employment. You do have other protections, however. Illinois state law strictly prohibits employers from asking about expunged or sealed records, and they cannot base an employment decision on arrests that did not lead to conviction.
Illinois Aggravated DUI: Factors that Can Increase the Penalty of Conviction in Your DUI Case
Anyone who is caught driving with a blood alcohol content (BAC) of 0.8 or higher becomes subject to Illinois’ aggressive DUI program. Further, there are certain factors and considerations that can change that DUI charge to an aggravated DUI, which is considered a felony. If you or someone you love has recently been arrested for drinking and driving, know what these factors are, how they can impact a DUI case, and what can be done to pursue the most favorable outcome possible.
Factors and Considerations in an Aggravated DUI
To determine charges and sentencing in a DUI case, judges look at mitigating and aggravating factors and weigh them against the state’s minimum and maximum sentencing guidelines. When mitigating factors (those that may lessen the impact of a DUI) are present – such as having an otherwise clean driving record or being just over the legal limit – the judge may consider a sentence closer to the minimum guidelines. In contrast, aggravating factors (those that indicate severe recklessness) can negatively impact your case and result in a sentence closer to the maximum penalty under law. In particular, there are certain aggravating factors that can lead to an aggravated DUI, including:
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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.
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