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Navigating Driver’s License Suspension and Reinstatement

joliet license reinstatement lawyers

A revoked or suspended driver’s license can create a major inconvenience or hardship. It makes getting to work or school, caring for family members, and performing other daily tasks almost impossible to complete. Fortunately, the state of Illinois has a process in place that allows drivers an opportunity to pursue and gain driver’s license reinstatement .

Reasons Your License Can Be Suspended

In Illinois, when your driver’s license is suspended, you will receive a letter from the Secretary of State’s Office instructing you to surrender your license. There are a number of reasons why a license suspension may occur, including:

• Receiving three or more moving violations in a 12 month period.
• Failing to appear in court for a moving violation, or otherwise resolving the issue prior to your court date.
• Receiving 10 or more parking violations.
• Being photographed by automatic cameras running a red light five or more times without paying the fines associated with the violations.
• Failing to pay child support, which can trigger a suspension nder the “Deadbeats Don’t Drive” Act.
• Failing to pay fines associated with five or more tollway violations.
• Being found at fault for an accident while driving without proper insurance.
• Driving under the influence of alcohol or other illegal substances, or while impaired by medications, either prescription or over-the-counter.

Of course, you can always make things much worse for yourself if you decide to drive while your license is suspended and you are caught doing so by law enforcement.

The Reinstatement Process

To regain driving privileges , you may be able to obtain a restricted driving permit or reinstatement of your driver’s license . The process for doing so will depend on the type of violation that resulted in the restriction of your driving privileges. To regain some restricted driving privileges, you will usually need to do the following:

• Demonstrate proof of excessive hardship, whether for employment, medical, or other criteria.
• Attend a formal or informal hearing with an officer of the Secretary of State’s office.
• If applicable, complete an alcohol or drug treatment program.
• If restricted privileges are granted, you must show financial responsibility, pay applicable fees, and submit verification of hardship.
• If restricted privileges are denied, you may request a formal hearing to review your case.

Full reinstatement of driving privileges usually requires waiting until a predetermined eligibility date . At that time, you will need to demonstrate financial responsibility and pay all applicable fees.

A Will County Driver’s License Reinstatement Attorney Can Answer Your Questions

Living with a suspended driver’s license makes life difficult, so pursuing reinstatement of your license makes sense. However, understanding how to go about seeking license reinstatement can be confusing. Contact an experienced and knowledgeable Joliet driver’s license reinstatement lawyer to find the answers to your questions. The Law Office of Jack L. Zaremba will review the facts surrounding your suspension and help create a path that least to license reinstatement at the earliest date possible.

Beyond a Reasonable Doubt - The Standard in Criminal Proceedings

joliet guilty beyond a reasonable doubt

The presumption of innocence is a cornerstone of the American legal system. When an individual has been charged with a crime , he or she is Innocent until proven guilty. Criminal defendants often face serious punitive consequences, including the death penalty. Therefore, the burden of proof is highest in criminal cases -higher than in any other area of the law. Though capital punishment is no longer used in Illinois, criminal convictions can still result in life-altering consequences for those charged. The standard of proving guilt beyond a reasonable doubt ensures that only the guilty are convicted.

Legal dramas on television often lead viewers to believe that the victim of a crime must press charges against the perpetrator. However, this is not entirely accurate. Victims can file a police report and cooperate in the prosecution of an offender, but the government is who decides whether or not to pursue a conviction. The prosecution may be handled by a United States Attorney in federal court or by the State’s Attorney in any Illinois County. If a prosecutor files formal charges against a suspect, the burden of proof is on the prosecution. The term “burden of proof” means the obligation to prove one’s allegation. So, the attorneys for the government must prove beyond a reasonable doubt that the defendant is guilty of the crime he or she is accused of committing. A defendant is not required to prove his or her innocence in the same way—or at all.

What Is a Defense Attorney’s Role?

In the United States, everyone is entitled to a legal defense—usually led by a defense attorney. Defense attorneys are especially important to criminal cases because the prosecution has the burden of proof, or the burden of proving their case. Defense attorneys ensure that the rights of the defendant are not compromised and that proper court procedures are followed. They represent the defendant and act on his or her behalf. Defense attorneys also advise the defendant in regard to the best legal approach for the situation and explain the legal processes as they occur. A defense attorney may review police reports, indictments, arrest records, and affidavits to for inconsistencies or inaccuracies. He or she may also challenge or refute the arguments brought by the prosecution. A skilled defense attorney can be the difference between a guilty and not guilty verdict.

Contact a Skilled Lawyer

If you are facing criminal charges, you do not have to navigate the complicated legal system alone. An experienced Joliet criminal defense attorney will fight for your rights and help you make the best decisions possible for your unique situation. Call 815-740-4025 for a free consultation.

Nurse Arrested for Refusing to Allow Police to Take Patient’s Blood

joliet dui blood draw

Footage from the body-cam of a Salt Lake City police officer recently went viral, causing a massive, national debate over the behavior of law enforcement in stressful situations. In the video, a nurse at a Salt Lake City hospital can be seen arguing with a police detective about his request to take blood from an unconscious patient . For many, the video raised serious questions about whether such blood draws would violate a person’s rights. As it turns out, however, the United States Supreme Court has largely answered the question already.

The Disturbing Footage

The incident took place in late July, but the video only become available a little over a week ago. The video was taken by body-cam of an officer who was at the hospital, as well as from footage taken by hospital security cameras. The footage shows a staff nurse refusing to allow a police detective to draw blood from the unconscious victim of a car accident. The nurse tells the detective that blood cannot be taken unless the patient gives consent, the police have a warrant, or the patient is under arrest.

The detective becomes agitated and threatens to arrest the nurse for interfering with a criminal investigation. After checking with hospital officials, she stands her ground and is taken into custody and dragged out of the hospital. She was never charged, however, and an investigation is now underway by the Salt Lake City police department.

Warrantless Blood Tests

The nurse in the video was accurate in her interpretation of the law. Police officers cannot mandate a blood draw from a suspect—conscious or not—without a warrant. Even in states like Illinois where consent to submit to blood alcohol testing is implied by driving on the state’s roadways, a person cannot face criminal charges for refusing a blood test without a warrant. Administrative penalties may apply but not criminal consequences.

This was recently decided by the United States Supreme Court in its ruling in Birchfield v. North Dakota . The high court determined that a blood draw constitutes a search as covered under the Fourth Amendment to the Constitution and that police officers must obtain a warrant before taking blood of a suspected drunk driver—even if the driver has already been arrested.

It is this element that makes the Utah case even more disturbing. In the video, the detective claimed he wanted the patient’s blood to rule out intoxication, not because he had probable cause to suspect the patient was driving under the influence. Utah’s implied consent law is nearly identical to the one in Illinois in that they both require an officer to have probable cause to believe that a driver is under the influence before requesting a breath, urine, or blood test.

Protecting Your Rights

If you have recently refused a breathalyzer or blood test and you believe your rights were violated by the police, contact an experienced Will County criminal defense attorney . Attorney Jack L. Zaremba is a former prosecutor who understands that the rights of the defendants are often compromised during criminal investigations, and he will work tirelessly on your behalf. Call 815-740-4025 for a free consultation today.

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