Blogs

Accumulating Too Many Points on Your Driving Record Can Result in License Suspension

joliet traffic lawyer

Illinois state law treats driving as a privilege which is subject to revocation for a multitude of reasons. You probably already know that certain things, like being caught drinking and driving, can result in a person’s driver’s license being suspended . An Illinois driver can also lose his or her ability to legally dive for things like not paying child support or obeying a court summons. Even relatively benign infractions like forgetting to pay paying traffic tickets or other fines can cost you your driving privileges. In this post, we will discuss another way you can have your license suspended: accumulating too many points on your Illinois driving record.

Understanding the Illinois Driver’s License Points System

Illinois, like most states, has a points system that is used to keep track of drivers’ traffic offenses. Traffic violations are assigned point values based on the severity of the violation. Each time a driver commits a traffic violation, points are added to his or her driving record. For example, a speeding violation can result in an addition of 5-50 points depending on how fast the driver was going. Texting while driving carries and running a red light both carry a penalty of 20 points. Driving the wrong way on a one-way street is a 5-point infraction.

Too Many Points Can Lead to License Suspension or Revocation

Some traffic convictions result in an automatic license suspension or revocation. Driving without a valid driver’s license or driving permit, fleeing or attempting to elude police, and street racing result in an immediate license suspension. One of the most common reasons Illinois drivers lose their license is because they are caught driving under the influence (DUI). Those who fail a chemical blood alcohol content test (such as a Breathalyzer) face an administrative “statutory summary suspension” of their driver’s license for six months. If you are convicted, you will lose your driving privileges for one year. Subsequent DUI charges result in longer license suspensions.

In Illinois, three or more traffic violation convictions within a 12-month period also results in a license suspension. The length of time that your driver’s license is suspended is based on the number of points you have accumulated.

• 15 to 44 points: 2-month license suspension;

• 45 to 74 points: 3-month license suspension;

• 75 to 89 points: 6-month license suspension;

• 90 to 99 points: 9-month license suspension; and

• 100 or more points: 12-month license suspension.

A Joliet, IL Traffic Violation Defense Lawyer Can Help

Speak with a Will County traffic violation defense attorney if you are facing a driver’s license suspension or revocation. Call the Law Offices of Jack L. Zaremba, P.C., today at 815-740-4025 to set up a free consultation.

DNA Testing

joliet criminal lawyer

For most of the past 30 years, DNA testing has been used only in the most serious criminal cases such as murder and rape. Today, as DNA testing has become faster and cheaper, and offender databases have grown, you might expect police and prosecutors to start using DNA testing on lesser crimes such as burglary and robbery, drug dealing, aggravated assault, or domestic violence. However, given that both state and federal crime labs have large DNA testing backlogs, non-violent offenders currently have a relatively low chance of being caught or convicted on the basis of DNA evidence. This could change over the next few years, though, as DNA testing becomes even more efficient.

Basic Facts on DNA Testing

Since 1987, when the first U.S. criminal was convicted on the basis of DNA evidence, the science has rapidly advanced. Originally, DNA testing required a sample of blood or semen the size of a quarter, then fell to the size of a dime, then to anything visible with the naked eye. Today, DNA testing requires just a few skin cells, commonly referred to as “touch DNA.” DNA testing can be performed on almost any substance shed by the body, including blood, saliva, semen, hair, or skin cells.

In the 1990s, police could collect DNA from a crime scene, but could only compare it to suspects they identified through other means. Today, police can compare a DNA profile found at a crime scene to the FBI’s national DNA database, CODIS, which contains the DNA of over 13 million offenders. The database grows daily, as every state now has laws mandating DNA collection from people who have been arrested or convicted of certain crimes.

The Illinois Criminal Code (730 ILCS 5/5-4-3) mandates the collection of DNA samples from every person convicted of a felony or an offense requiring sex offender registration, plus every individual designated as sexually dangerous or sexually violent. The law also allows, after a judicial probable cause hearing, collection of DNA from people arrested for first-degree murder, home invasion, or criminal sexual assault. Such DNA samples are automatically expunged if the arrestee is not convicted.

Crime Labs Struggle to Keep Up with DNA Testing Demands

The Illinois State Police (ISP) crime labs had roughly 5,000 cases awaiting DNA testing at the start of 2019, a backlog of about two years. Federal crime labs were equally strained, reporting a backlog of 169,000 cases.

The state is also looking into Rapid DNA testing, a relatively new technology being deployed by the FBI in 2019. It can process a DNA sample in just two hours rather than the usual days or weeks.

As long as crime labs remain backlogged, murder and rape cases will continue to get the highest priority. At least for now, people accused of crimes such as theft or battery should be more concerned about surveillance video evidence than DNA evidence.

An Experienced Will County Criminal Defense Lawyer

In a criminal case, the prosecution has to prove every element of their case with evidence. If you have been charged with a crime in Will County, you need a knowledgeable Joliet criminal defense lawyer who knows how to read the evidence and find the gaps that can help you avoid a conviction. Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free consultation.

How to Get Your Drivers License Reinstated After a DUI Conviction

joliet dui license reinstatement lawyer

Losing the ability to legally drive can cause major problems in a person’s life. Getting to and from work, picking up children from school, and even simple tasks like going to the grocery store can be nearly impossible when you are restricted from driving. If you have lost your license after being charged with driving under the influence (DUI), you are probably anxious to get your driver’s license back. There are several tasks which a person must complete before their license can be reinstated . So, what can an Illinois resident do to get his or her Illinois driver’s license back after is has been revoked?

The Driver’s License Reinstatement Process

There are several steps that a person convicted of a DUI in Illinois must do before he or she can gain the ability to legally drive again. Illinois state courts want to ensure that a person convicted of a DUI is not a threat to the public before reinstating his or her license. If you have lost your license after a DUI, you will need to submit to a drug and alcohol evaluation. After the evaluation, you will be classified as minimal risk, moderate risk, or high risk of future drug and/or alcohol abuse. If evidence exists that you have substance abuse problem, you will be required to undergo a substance abuse treatment program and submit a continuing care status report in the future. Once you provide proof of completing the substance abuse program, you can proceed with the license reinstatement process. Even if you do not have an alcohol or drug problem, you will have to participate in a DUI Risk Education class licensed by the Division of Alcoholism and Substance Abuse (DASA).

Illinois Restricted Driving Permit

Driving when your driver’s license is suspended or revoked is a crime that can result in serious criminal charges including seizure of your car and jail time. Fortunately, there are options for Illinois divers who want to get back on the road legally. To have your driver's license reinstated, you will need to appear in a hearing with a Secretary of State hearing officer. Depending on the circumstances of your DUI conviction, you may be able to regain your ability to drive through a restricted driving permit (RDP) . An RDP allows you to drive in certain areas during designated times of the day.

Contact a Joliet Illinois DUI Attorney

To learn more about how to get your driver’s license reinstated in Illinois, contact a Joliet driver’s license reinstatement lawyer. Call the Law Offices of Jack L. Zaremba at 815-740-4025 to schedule a free initial consultation.

Pages

Subscribe to RSS - blogs