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What Happens if I Get an Out-of-State Speeding or DUI Ticket?

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If you live in Illinois, you probably drive in other states on a regular basis. So it is smart to know what can happen to your Illinois driver’s license if you are caught speeding or driving under the influence (DUI) in another state.

Many people are not aware that there are two systems that allow states to share information about drivers: the National Driver Register and the Driver License Compact.

The National Driver Register

Federal law requires all states to report driver’s license suspensions and revocations to a central database called the National Driver Register (NDR). The purpose of this database is to prevent a reckless driver whose license is revoked in one state from getting a new license in another state.

For example, suppose your Illinois driver’s license was revoked for DUI , and you later move to Texas and apply for a driver’s license. Before issuing you a license, the Texas driver’s license bureau will run your information through the NDR. Until you have cleared the Illinois revocation, your name will come up in the NDR as ”not eligible,” and Texas will not issue you a driver’s license.

The Driver License Compact

Virtually all states in the U.S. participate in the Driver License Compact , which was designed to enforce the principle of “One Driver, One License, One Record” nationwide. Under the rules of the Compact, any moving violation that you commit in any state will be reported to the driver’s license authority in your home state.

In other words, if an Illinois resident gets a ticket out-of-state for speeding, DUI, or any other moving violation, that ticket should eventually show up on their Illinois driving record.

That out-of-state ticket will count on your record just as if you had gotten the ticket in Illinois. If Illinois law says your license should be suspended or revoked as a result of that ticket, then you can expect to receive a letter from the Secretary of State’s office informing you of your license suspension or revocation.

Can I Be Punished by Two States for the Same Ticket?

If a non-resident gets a traffic ticket in Illinois, they have to pay Illinois fines and penalties for that ticket the same as an Illinois resident would. Similarly, if an Illinois resident gets a speeding ticket in another state such as Iowa, the Illinois resident would pay the penalties defined by the laws of Iowa.

In other words, when it comes to fines, jail time, and most other penalties, the rules of the state where the offense occurred will apply.

Things get a little more complicated when the offense is punishable by a driver’s license suspension or revocation. Suppose that you, an Illinois-licensed driver, get ticketed for DUI in Wisconsin. Wisconsin has the power to suspend your right to drive in Wisconsin, but not in any other state.

However, when the Illinois Secretary of State’s office finds out about your out-of-state DUI through the Driver License Compact data-sharing program, Illinois will suspend or revoke your Illinois driver’s license in accordance with Illinois law.

Get Help From a Skilled Will County, IL Traffic Violations Attorney

If you are a resident of Illinois who is facing a costly out-of-state traffic ticket, you may need to consult with two attorneys. An attorney located in the state and county where the offense occurred will know how best to fight the ticket. In addition, a Joliet traffic ticket defense lawyer can work with an out-of-state attorney to ensure they understand the applicable Illinois laws, providing you with the best defense strategy. Your Illinois lawyer can also provide assistance in Illinois Secretary of State hearings, working to help you avoid having your license revoked or suspended. To schedule a free consultation, call the Law Offices of Jack L. Zaremba at 815-740-4025.

New Illinois Firearms Laws Enacted in 2018

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One of 2018’s hottest political debates has centered around the question, “How do we reduce gun crimes and shooting deaths in the U.S.?” The topic initially rose to the top of legislative agendas in response to the February 2018 shooting at Marjory Stoneman Douglas high school in Parkland, Florida, which took the lives of 17 students and teachers.

This was followed by a report that in the first 21 weeks of 2018, there were 23 school shootings across the U.S. where at least one person was hurt or killed. Although none of those shootings happened in Illinois, state legislators nonetheless took up the cause quickly.

In July 2018, Illinois Gov. Bruce Rauner signed two new gun laws that will go into effect in January 2019.

Passed: Emergency Firearms Restraining Orders

The first law ( PA 100-0607 , formerly HB 2354) allows police or family members to petition the local court for a “firearms restraining order” against a named individual (the “respondent”) who poses an immediate threat of violence. In response, a judge can immediately issue an emergency firearms restraining order which prohibits the respondent from possessing or purchasing firearms. If the petition indicates that the respondent already possesses firearms, the judge can also issue a warrant directing law enforcement to search for and seize those firearms. The respondent must also turn over any FOID card and concealed carry license in their possession.

The emergency restraining order is valid for 14 days. After that, if the petitioner can show that the respondent remains dangerous, the judge can issue a six-month firearms restraining order.

Passed: Extended Waiting Period for Gun Purchases

The second law ( PA 100-0606 , formerly SB 3256) standardizes the waiting period for all newly purchased guns at 72 hours (three days). Previously, a buyer only had to wait 24 hours for delivery of a newly purchased rifle or shotgun and 72 hours for a handgun.
A Will County Lawyer Who Will Defend Your Firearms Rights

A misunderstanding of Illinois’ complex firearms laws can lead to misdemeanor criminal charges such as a FOID card violation or to more serious felony charges for unlawful possession of a weapon. And now, beginning in 2019, Illinois gun owners will be subject to the two new laws described above.

If the police try to question you about any weapons-related incidents, you should speak to an attorney first. An experienced Joliet gun and weapons charges defense attorney will make sure your rights are not violated and provide an aggressive defense against any charges. Contact the Law Offices of Jack L. Zaremba at 815-740-4025 for a free and confidential consultation.

Understanding Criminal Record Expungement in Illinois

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Sometimes people make mistakes, but that does not mean that they do not deserve second chances. In Illinois, there are certain records that you can have expunged , or erased, as if the event never happened. The process of destroying your criminal records can help keep your past in the past and prevent friends, family, or even future employers from seeing your criminal record. However, like most things, there are limitations to what you can have expunged. Understanding expungement in Illinois can help you move on with your life and put the past behind you.

What Qualifies for Expungement?

Under the Illinois Criminal Identification Act , certain types of arrests and some cases resulting in probation or court supervision can be expunged from an individual’s criminal record. Depending on the crime and the disposition, you may qualify to have your records sealed if you do not qualify to have your records expunged. Other civil issues such as divorce, minor traffic violations, and orders of protection are not covered under the Act and cannot be expunged.

Qualifying Dispositions for Record Expungement

In most cases, expungement is only available for criminal cases whose disposition - or outcome - is a judgment other than a conviction. Dispositions that are eligible for expungement include

• An arrest that did not result in charges filed.

• Charges that were dismissed prior to the trial.

• A charge stricken with leave to reinstate.

• An acquittal or “not guilty” finding.

• A pardon from the governor of Illinois.

• Court supervision.

In some cases, other types of offenders are eligible to have their records expunged. Under the Controlled Substances Act, Cannabis Control Act, Steroid Control Act, and Alcohol and Drug Dependency Act, certain first-time offenses are eligible for expungement after an offender successfully completes probation.

Limitations to Record Expungement

Certain offenses cannot be expunged from your record. If you were granted court supervision for a DUI offense, you will not be eligible for expungement. You are also not eligible for expungement if you were granted court supervision for a sexual offense committed against a minor.

Seek Help From a Joliet Expungement Lawyer

If you have found yourself in some trouble with the law, you know how it can affect others’ perceptions of you. If you have a criminal record but have not been convicted of a crime, or if you want to get a fresh start after paying your debts to society, you may qualify for expungement or sealing. The Law Offices of Jack L. Zaremba can guide you through the expungement process and get you back to living your life. Contact our experienced Will County criminal record expungement attorney at 815-740-4025 to set up a free consultation.

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