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Restricted Driving Permits Joliet Illinois

Joliet attorney restricted driving permitWhen your driving privileges have been suspended or revoked due to a conviction of driving under the influence (DUI) or other violations, your life can be greatly affected. It may be extremely difficult for you to continue working, to attend school, or to attend alcohol education programs in accordance with court directives. Depending on the circumstances of your situation, however, you may have relief options available to restore driving privileges on a limited basis. With the help of a qualified attorney, you may be able to obtain a restricted driving permit (RDP) and take the first steps toward getting your life back on track.

What is an RDP?

A restricted driving permit can be granted by the Secretary of State’s office to allow partial restoration of driving privileges. The terms of the RDP can be customized for each case and only permit a person to drive in certain areas and at certain times for specifically approved purpose. Depending on the situation, an RDP can allow driving to:

• Maintain employment;
• Attend recommended drug and alcohol remedial or rehabilitation activities; or
• Provide transportation for themselves, a child, elderly, or disabled person in the driver’s household for medical, daycare or educational purpose when alternative transportation is not available.

Applying for an RDP and Hearing

To obtain a restricted driving permit, a person whose license has been suspended or revoked must submit an application to the Secretary of State’s office. The individual must prove that a justifiable hardship exists, provide the results of a current drug or alcohol evaluation, and, if appropriate, offer proof of treatment or remedial education.

The offender will be required to appear for a hearing with a representative from the Secretary’s office. Serious offenses, including multiple DUIs and offenses involving a fatality will require a formal hearing, while less serious concerns can be handled at an informal hearing. Based on the results of the hearing, and the proof submitted with the application, an RDP will be granted with specified terms or denied. If an RDP is granted to an offender with two or more alcohol-related incidents in the last 10 years, the driver will be required to have a Blood Alcohol Ignition Interlock Device (BAIID) installed on his or her vehicle for the duration of the permit.

Get Legal Help for Your Case

If you have had your driving privileges suspended or revoked for any reason, contact an experienced Will County criminal defense attorney at the Law Office of Jack L. Zaremba today. As a former prosecutor, Mr. Zaremba understands the law and knows how to get results. He and his team are prepared to fight on your behalf and ensure your rights and your future are fully protected. Schedule your free consultation by calling 815-740-4025.

Sign and Drive: Get a Ticket, Keep Your License

Joliet License AttorneysYou are probably aware that if you receive too many traffic citations , your driving privileges can be suspended. It is likely of little surprise, as state authorities have a vested interest in keeping the roads of Illinois as safe as possible. Prior to 2015, however, you could also have your driver’s license confiscated as bail by a police officer after a single traffic violation. While, in theory, the practice was meant to ensure a driver’s compliance in responding to the citation, in reality, doing so created an unreasonable amount of inconvenience. In late 2014, legislation was passed by state lawmakers to end the confiscation of driver’s licenses for traffic offenses, instead relying on the assurance of the driver to respond appropriately to the ticket and securing the promise with a signature.

Change Needed

For years, traffic laws in Illinois permitted an officer issuing a citation to take the driver’s license of the alleged offending driver as a form of bail or security. Upon responding to the citation by paying the fine, appearing in court, or replacing the license with cash bail, the license would ultimately be returned to the driver. The individual’s driving privileges were not affected in any way; if needed, a driver could present a copy of the citation in lieu of a license.
While a copy of the ticket may have served the purposes of law enforcement well enough, leaving a person without a valid form of photo identification made life unnecessarily difficult. In today’s world, a driver’s license is used as identification for countless applications, including cashing a check, boarding an airplane, or purchasing alcohol.

Responsibilities of Sign and Drive

On August 9, 2014, then- Governor Pat Quinn signed a measure to stop the use of driver’s license as bail for traffic violations. Taking effect on January 1, 2015, the legislation completely changed the law’s approach to such offenses. Now, if you are issued a citation, you are required to sign the ticket to verify that you understand the offense with which you have been charged. Your signature is not a plea; it is a promise to respond to the citation be pleading guilty and paying your fine, or pleading not guilty and appearing in court to argue your case. If you fail to do either, your license and driving privileges will be suspended until your citation is fully resolved.

If you have been charged with a traffic violation and had your license confiscated as bail despite the new law, contact an experienced Will County criminal defense attorney today. At our law firm, we are committed to helping you protect your rights and will fight to ensure you are treated fairly throughout the legal process. Call 815-740-4025 to schedule your free consultation at the Law Office of Jack L. Zaremba today.

Concealed Carry Law: Illinois’ Shall Issue Requirement

Joliet Illinois Concealed CarryThe state of Illinois has long been known for its strict policies on gun ownership , particularly in regard to handguns. In fact, Illinois was the last state in the country to enact a law permitting the possession of concealed weapons. The law, however, represented the state’s legislative reaction to a 2012 federal appeals court ruling that a complete ban on concealed carry was unconstitutional and violated the second amendment rights of citizens. The court provided a 180-day window within which the state legislature could craft an acceptable measure that balanced public safety interests with citizens’ rights.

Requirements for a Concealed Carry Permit

Passed in 2013, and going into effect in 2014, the Firearm Concealed Carry Act provides guidelines for permit eligibility. To be eligible, an individual must:

• Be at least 21 years old;
• Currently possess a valid Firearm Owner’s Identification (FOID) Card and continue to meet the requirement for possessing a FOID card;
• Have not been convicted of a violence-related misdemeanor in the previous five years;
• Have not been convicted of two or more DUI violations in the previous five years;
• Not be the subject an existing warranty, ongoing prosecution, or proceeding that could disqualify him or her from owning or possessing a firearm;
• Have not received residential or court-ordered substance abuse treatment in the previous five years; and
• Have completed appropriate education and training requirements.

Shall Issue

One of the more interesting aspects of the concealed carry law, as it was passed, is the specific language it contains. The law explicitly states that “the Department [of State Police] shall issue a license to an applicant” (emphasis added) meeting the necessary criteria, within 90 days in most cases. The use of the words “shall issue” creates the statutory expectation that an eligible individual will not be denied a license.

In limited situations, a concealed carry permit may be denied on the grounds that an applicant is a danger to himself or herself, others, or to public safety. Because of the language in the law, however, such cases must be considered very carefully by the Concealed Carry Licensing Review Board to ensure sufficient justification exists to deny the application.

Responsibilities of Permit Holders

Once a permit has been granted, the holder must carry the permit on his or her person while in possession of a concealed weapon. If he or she is stopped by law enforcement for any reason, including a traffic violation, it is the permit holder’s responsibility to inform the officer that he or she is currently possessing a concealed firearm. Upon the officer’s request, the holder must produce his or permit, disclose the location of firearm, and to allow the officer to secure the weapon for during the stop.

Violations of the Firearm Concealed Carry Act, including possessing a concealed firearm in statutorily restricted places, are very serious. If you are facing weapons charges related to the carrying of a concealed firearm, contact an experienced Joliet criminal defense lawyer . As a former Will County prosecutor, Attorney Jack L. Zaremba is committed to helping you protect your rights and will work with you in minimizing the impact to your future. Call 815-740-4025 to schedule your free, confidential consultation today.

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