Blogs | Law Office of Jack L Zaremba

Blogs

Two Types of Driving Permits After a DUI License Suspension

joliet dui mddp rdp attorney

Being charged and convicted of a DUI, or even being suspected of a DUI, can carry serious consequences, including the suspension or revocation of your driver’s license. In Illinois, you face a statutory summary license suspension if you fail a chemical test, refuse to submit to one, or fail to finish chemical testing. If you fail a chemical test, that means your blood-alcohol content (BAC) was more than .08% or you had a THC content of five or more nanograms per milliliter of blood or 10 or more nanograms per milliliter of a different bodily substance. The suspension is not a criminal charge, so you do not have to be convicted of a DUI to have your license suspended. Though suspensions can be troublesome, you have two options for obtaining a driving permit during your suspension.

Monitoring Device Driving Permit (MDDP)

This type of permit is available to first-time DUI offenders through the Illinois Secretary of State’s office and allows unlimited driving during the statutory suspension period. In order to receive a MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed in your vehicle and maintained for the length of your suspension period. Those who are not eligible for a MDDP include drivers who are under the age of 18 and those who have previously received a statutory summary suspension in the last 5 yrrs. Drivers are also not eligible for a MDDP if they were driving with an invalid license, or if the DUI resulted in the death or great bodily harm to another.

Restricted Driving Permit (RDP)

A RDP is the type of permit that you could request if you were convicted of two or more DUIs, faced two statutory summary suspensions, or had one DUI conviction with a statutory suspension from a separate DUI arrest. As with a MDDP, installing a BAIID is also a requirement for obtaining a RDP. To receive a RDP, you must attend an administrative hearing at the Secretary of State’s office, where a hearing officer will decide whether or not you would be a threat to public safety if you were granted a RDP.

Contact a Joliet DUI Defense Lawyer

If you have been arrested for DUI, the smartest move you can make next is contacting an aggressive Will County DUI defense attorney. With a former Will County prosecutor by your side, you have peace of mind knowing you have the help of someone who knows what you are up against. Call the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to set up a free consultation.

DUI Cases: Should I Go To Trial?

joliet dui trial attorney

When charged with driving under the influence, or any other crime, you have two choices. One is to plead guilty, often in exchange for a more lenient sentence because you are saving the prosecutor the time and cost of a trial. The other choice is to plead “not guilty” and ask for a trial.

If you plead guilty, you can pay the penalties and get on with your life more quickly. But unless you get court supervision, you will have a conviction on your criminal record and that conviction can bar you from many employment opportunities among other consequences.

Alternatively, if you go to trial, you could avoid a conviction entirely. And even if you lose the trial and are convicted, at least you still have the option of appealing that decision to a higher court based on any errors that may have occurred during your trial. Judges and juries do not always make the right decision, and it is possible to win on appeal, as evidenced by a recent Illinois court decision.

A DUI Trial Conviction Overturned on Appeal

In 2011, a Bolingbrook man was stopped by police at 9:00 pm for driving without his headlights on and having a loud muffler. Reports from two officers claimed that the driver exhibited slurred speech, a moderate odor of alcohol, clumsiness, and eyes that were bloodshot and glassy. The driver admitted he had consumed some alcoholic drinks earlier in the day, but said he was not intoxicated now. He refused to perform field sobriety tests or take a preliminary breath test. He later became angry with the officers over the length of the traffic stop and because the officers decided to have his car towed due to the loud muffler.

After repeated profanity and a combative attitude from the driver, the police arrested him on suspicion of DUI. Roughly two hours after being stopped, the driver submitted to an evidentiary breath test, which gave a reading of .078, below the legal limit of .08.

The driver was declared guilty of DUI in a bench trial based on “evidence of [the defendant] driving at night without his lights on and not noticing his lights [were not] on, the attitude, his admission to drinking some alcohol, the odor, and his behavior.” The driver appealed on the grounds that the evidence was insufficient to prove him guilty of DUI beyond a reasonable doubt

The Illinois appellate court reviewed the evidence and, in November 2017, overturned the conviction, agreeing that the evidence was insufficient to prove impaired driving. Specifically, “the video recording of the traffic stop showed that defendant drove within the proper lanes without weaving, properly signaled his turns, and pulled into a parking lot after the police officer initiated a stop.” The appellate court found that a loud muffler and failure to turn on headlights are not obvious indications of intoxication. Further, a combative attitude and poor judgment (regarding the way the defendant acted toward the police) can be the result of many factors other than intoxication. Finally, the police officers’ observations of bloodshot eyes, etc., while relevant, were not alone sufficient evidence of driver impairment.

Seek Counsel from a Joliet Criminal Defense Attorney

If you have been unfairly charged with a crime, you need a Will County criminal defense lawyer who is an experienced litigator. Jack Zaremba is well-known for being both aggressive and effective in the courtroom in both jury trials and bench (judge only) trials. He is dedicated to helping clients avoid convictions and will not hesitate to take a case to trial. Contact the Law Offices of Jack L. Zaremba at 815-740-4025 at any time for a free consultation.

Types of White-Collar Crimes

joliet white collar crime attorney

White-collar crime is an interesting and unique classification of criminal behavior. Unlike many other crimes, white-collar crime is nonviolent crime that is typically perpetrated by those of high socioeconomic status or occupational responsibility. The Federal Bureau of Investigation (FBI) has defined white-collar crime as illegal acts characterized by concealment or violation of trust, which are committed to obtain money, property, or services or to obtain a personal or business advantage. According to the FBI, white-collar crime costs the United States more than $300 billion annually, which is why these types of crimes are taken seriously and prosecuted accordingly.

Money Laundering

This type of white-collar crime involves perpetrators hiding the source from which they are getting their money and making it look like it came from somewhere else. Often, this is done by criminals who are gaining money from illegal activities such as:

• Health care fraud

• Human trafficking

• Narcotics trafficking

• Other types of financial crimes

Money from these illegal activities can be hidden in a variety of complex ways, such as international trade or real estate, which is why it is difficult--but not impossible--for prosecutors to prove these types of cases.

Investment Fraud

This type of fraud is characterized by high, guaranteed returns, no or few risks, overly consistent returns, or complex strategies. Types of investment fraud include:

• Ponzi schemes: These schemes function by using money from new investors to pay old investors, with the criminal keeping some of the money for themselves.

• Pyramid schemes: These schemes involve money from new investors being given to existing investors, but participants get commissions from getting new investors.

• Prime bank investment fraud: This takes place when a person claims to have access to large financial institutions that can protect their investments against loss.

Embezzlement

This type of white-collar crime involves misappropriating money. Perpetrators take personal property that was entrusted to them by others and use it for themselves. A person can be charged with embezzlement if they were found to have control over the property that they have stolen. Control is determined by the courts by looking at the employee’s job, job title, and the specific practices of that company.

Contact a Joliet Criminal Defense Lawyer

Like any other crime, white-collar crime can come in all sorts of shapes and sizes. There is much debate about what constitutes white-collar crime, but one thing is for sure: white-collar crime is taken just as seriously as any other type of illegal activity. If you have been charged with a white-collar crime, you should get immediate help from a knowledgeable and experienced Will County white-collar criminal defense attorney . Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 to discuss your options in a free consultation.

Pages

Subscribe to RSS - blogs