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Improve Your Chances for Illinois Drivers License Reinstatement

joliet driver license lawyer

To get your Illinois driver’s license reinstated after it has been revoked for DUI , you will have to prove that allowing you to drive again will not pose a risk to public safety. A Secretary of State hearing officer will make this determination based on several key pieces of evidence that you must present at a formal hearing, which is very similar to a trial. Your documentation must include proof of completion of your DUI sentence, an updated drug/alcohol evaluation, and letters or testimony confirming your rehabilitation.

It is highly recommended that you consult an experienced Will County driver’s license reinstatement lawyer to help you prepare this documentation. Your attorney can also coach you on how to answer questions typically asked at these hearings, make recommendations regarding the use of witnesses, and represent you during your hearing.

Documentation Required for Formal Reinstatement Hearing

You will need to present the following documentation at a formal hearing for driver’s license reinstatement:

1. Proof that you completed the education or treatment programs required by the court as part of your DUI sentence. These programs generally provide you with a paper certificate of completion.

2. A Drug/Alcohol Evaluation Uniform Report that is less than six months old. Because this report is so crucial to your license reinstatement, consult your attorney in advance for advice on how to answer questions about your driving record, your personal attitudes about drug/alcohol use, your past and current patterns of drug and alcohol use, how past patterns have affected your work and relationships, and what you have done to correct problematic drug/alcohol usage. If the evaluator believes you are not being open and truthful, you could get a bad evaluation which could lead to denial of your reinstatement.

3. If a drug/alcohol evaluation classified you as drug/alcohol dependent, you will need to submit letters written by people who can verify your complete abstinence from drugs and alcohol for at least the past 12 months and your active involvement in a substance-abuse support/recovery program.

4. If you were classified as high risk but non-dependent, you will need letters from people who can verify your abstinence or non-problematic use of drugs/alcohol for the past 12 months.

By following this advice, you can significantly improve your chances of winning reinstatement on your first attempt. If your license reinstatement is denied, you will have to wait 90 days to have another hearing.

A Will County Driver’s License Reinstatement Hearing Attorney

If you live in Will County, your formal reinstatement hearing will be held in Joliet. Before you schedule your updated drug/alcohol evaluation and your formal reinstatement hearing, obtain advice from an experienced Joliet driver’s license reinstatement lawyer . Call the Law Offices of Jack L. Zaremba at 815-740-4025.

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.

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