Posted on August 01, 2016 in DUI

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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 Posted on July 25, 2016 in Traffic Violations

Under Illinois state law, there are numerous traffic violations. Disobey any one of them and you become at risk for a traffic violation. Unbeknownst to many, it is possible to fight most traffic violations, but is fighting you latest one really worth the trouble? The following information can help you decide.

Did You Actually Violate the Law?

Interestingly, most police officers do not actually know the exact wording of the law. As such, they may write you a ticket for a violation that you did not actually commit. This does not necessarily mean that you did not violate the law; it really only means that the exact wording of the violation does not quite encompass your behavior. If, for example, you were ticketed because you slowed but did not fully stop at a stop sign, you may be able to contest the ticket if no other vehicles were at the intersection.

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 Posted on July 18, 2016 in DUI

Getting arrested for a DUI is more than just inconvenient. It can upheave your life. It can lead to jail time, driving restrictions, and significant fines. It can also ruin your reputation and lead to a conviction on your criminal record. Naperville also happens to be one of the top ten places in Illinois where one of these arrests can happen. Thankfully, our DUI defense attorneys can help protect you from the potential consequences of a DUI charge.

Study Finds Naperville to Be the Top Ten for DUI Arrests

Conducted by the Alliance Against Intoxicated Motorists, a recent study examined DUI arrest statistics dating all the way back to 1990. Naperville, which was found to be in the top 10, saw a slight decrease in DUI arrests (less than five percent). However, it still ranked as fourth for Illinois DUI arrests. Other cities that landed in the top 10 included Aurora, Elgin, Decautur, Bloomington, Rock Island, and Lombard.

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 Posted on July 08, 2016 in Criminal Law

When facing criminal charges, you may be eligible for bail. This may give you the opportunity to spend time with family, work, and handle personal matters outside of police custody while you are awaiting trial for your charges. However, it is important to understand that bail is different for each case and situation. Furthermore, not everyone is eligible. Understand what bail is, how it works, how the amount is determined, and whether or not you may be eligible for bail in Cook County.

What is a Bail Bond?

Bail is an amount of money, set by a judge and paid to the courts, and the bond acts as a sort of collateral. By paying it, you are giving up something to be released from custody and are more likely to follow the rules to ensure the bond is not forfeited. These rules include not leaving the state of Illinois, appearing at all court hearings, not possessing a firearm or dangerous weapon, and not committing any further crimes while on release. In some cases, you may also be restricted from contacting the defendant (i.e. domestic battery cases).

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 Posted on June 29, 2016 in DUI

If you are traveling in another state and get charged with driving under the influence of alcohol, you may think that whatever happens with those charges will not affect your driving privileges in your home state. However, in the majority of states, you would be wrong.

The Interstate Driver License Compact

All but several states in the country have agreed to the Interstate Driver License Compact. The states that do not participate are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. The state of Illinois has signed the contract and is a participating state. The Interstate Driving Contract is simply a contract between states where they agree to not only share information regarding DUI arrests, but also agree to honor any driver license suspension imposed on the person who has been charged. 

Although the state where a person is arrested can revoke driving privileges of the accused for the period of time they are in that particular state, it cannot revoke the accused’s driving privileges in their home state. The home state must make that determination. For example, if a resident of Illinois is vacationing in Florida and they are charged and convicted of a DUI, Florida can suspend the person’s driving privileges in Florida. The state will then report the information to Illinois, who could then revoke the person’s Illinois driver’s license.

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 Posted on June 22, 2016 in Drug Crimes

While law enforcement says that the number of methamphetamine lab arrests has decreased over the last few years, the number of actual users – those arrested for possession and other related crimes – seems to be increasing throughout the state of Illinois. Some Illinois residents may view this as a positive, but it actually shows a lack of insight and understanding of addiction. What is more, research is suggesting that the increase of arrests and convictions does not actually improve society. Instead, it creates more problems in the future.

Behind the Addict

Meth is a highly addictive substance that can change even the best of people. Yet law enforcement officials and the criminal justice system seem to overlook the person behind that addiction. They fail to see the family of those affected. Most of all, they do not consider the external and internal factors that can often lead to addiction. For example, those who live in poverty are more likely to suffer from a substance addiction, as are those who suffer from mental illness.

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 Posted on June 15, 2016 in Expungement

In the state of Illinois, anyone with a prior criminal conviction must live in constant worry that another arrest – no matter how trivial – will go on their record. This is because it does, in fact, go on their record, even if they are released from charges. A bill, set to be voted on by the Illinois Senate, could potentially change all of that.

Arrests in Illinois Always Go on Your Criminal Record

Regardless of whether you have been previously convicted of a crime or are arrested for the first time, an arrest in the state of Illinois automatically goes on your criminal record. First-time offenders can have the arrest expunged from their record, but the process is complex, laborious, and expensive. Those who have any prior convictions (regardless of their nature) cannot have the arrest expunged.

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 Posted on June 08, 2016 in Traffic Violations

Under Illinois law, there are many reasons a person’s driver’s license can be suspended. One of the most common is if they are convicted of driving under the influence of alcohol or drugs. However, people can also lose their driving privileges for traffic violations such as reckless driving or speeding. Sometimes people have their license suspended for reasons that have nothing to do with driving – such as failure to pay child support. Whatever the reason, a person who has had their license suspended faces serious charges if they are caught driving during that revocation period.

Possible Criminal Charges 

If a person is caught driving without a driver’s license, and it is their first offense, they face Class A misdemeanor charges. A conviction can result in a jail sentence of up to one year and a fine of up to $2,500. Under certain circumstances, the person may be charged with a felony instead of a misdemeanor. One example is if a person who has been granted driving privileges during a Statutory Summary Suspension requiring they use a Breath Alcohol Ignition Interlock Device (BAIID) and they are caught driving without one.

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 Posted on May 25, 2016 in DUI

Spring has finally arrived and that means summer is not far behind. The warm weather brings people outdoors to enjoy all types of activities. Illinois offers thousands of lakes and streams throughout the state for both citizens and visitors to enjoy swimming, fishing, and boating. Many of those who enjoy boating, however, sometimes fail to remember that drinking while operating a boat can lead to criminal charges just like drinking and driving a motor vehicle.

Deadly Risks

According to statistics from the Illinois Department of Natural Resources (DNR), there were 14 people killed in boating accidents last year on state waters. Six of those fatalities involved alcohol and/or drug impairment of the boat operator. Marine law enforcement arrested 179 people for operating under the influence (OUI), which was an 11 percent increase from the previous year.

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 Posted on May 18, 2016 in DUI

When driving under the influence and involved in a crash, DUI charges may be the least of your worries. If, for example, someone is killed or injured during the accident, you could very well face additional charges. In extreme cases, those added charges could lead to long-term imprisonment. One young man recently learned this after an accident that caused the death of three Illinois residents.   

Three Deaths Lead to Numerous Charges

According to KFVS News 12, the accident happened on Father’s Day, 2015. The young man, who was under the age of 21 at the time, was allegedly drunk and driving the wrong way down Interstate 75 in Atlanta. His car reportedly hit the other one head-on. Three were killed – two of which were children – and one child was paralyzed and allegedly might never walk again.

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