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Recent Blog Posts
First-Time Distracted Drivers Will Face Stiffer Penalties in Illinois
Despite nearly a decade of ad campaigns and new laws intended to deter Americans from using handheld electronics while driving, bad habits persist. A recent survey found that half of US drivers still talk on handheld cellphones, 35 percent text message, and 29 percent admit to accessing the internet while driving. Distracted driving rates are even higher among drivers aged 18 to 29.
The definition of distracted driving includes talking on a handheld cellphone, texting, using the internet, or otherwise engaging with a handheld electronic device while driving. These behaviors remain a major concern for highway safety. Driver distraction plays a role in 10 percent of all fatal crashes and 15 percent of all injury crashes in the U.S., according to the latest available figures from the National Highway Traffic Safety Administration.
When Does a DUI Become Felony in Illinois?
Most DUI charges in Illinois are only misdemeanor charges. A first-time DUI conviction is classified as a Class A misdemeanor, which is punishable by law with a maximum sentence of up to one year in jail and up to $2,500 in fines. Each case is different and depending on the circumstances surrounding your case, you charges could be bumped up to felony charges.
Class 4 Felonies
Class 4 DUI felonies include:
- A DUI committed while driving a school bus that had at least one passenger on it who was under the age of 18;
- A DUI committed while driving a vehicle used to transport passengers and at least one passenger was on board;
- A DUI that resulted in great bodily harm;
- A DUI that was committed by someone who did not have a valid driver’s license or vehicle liability insurance;
- A DUI committed in a school zone when the restricted speed limit was in effect and the person was involved in an accident that resulted in bodily harm; and
Common Terms in Criminal Court
When you are facing criminal charges, there is a lot of uncertainty you will have to deal with. If you are like most people, you probably do not know the intricacies that come with a criminal trial, or how the courts operate. You probably are not familiar with many legal terms that are used both inside and outside of the courtroom when it comes to criminal trials. The following list of terms can help you understand what is going on when you do find yourself in the midst of a criminal proceeding:
Acquittal: This is the outcome that is most favorable with criminal cases - if you are acquitted, you were not found guilty because the evidence against you was not sufficient for a conviction.
Affidavit: This is a written statement, which must be confirmed by oath by the party who is giving the statement. An affidavit must be notarized by an officer of the court to be valid. In criminal cases, an affidavit often contains evidence, such as an alibi.
Illinois May Ease Laws on Driver’s License Suspension
Over 80 percent of Illinois residents drive their own car to work. To stay employed, having a valid driver’s license can be almost as important as a person’s skills and experience. Yet current Illinois law allows the Secretary of State to suspend your driver’s license for many different reasons, ranging from unpaid traffic tickets to driving under the influence.
According to a recent report, Living in Suspension, published by the Chicago Jobs Council, license suspensions can “force people to choose between unemployment, bankruptcy, or risking going to jail for driving on a suspended license.” To remedy the hardship imposed by license suspensions, the Illinois legislature is considering changes to the state laws that govern driver’s license suspensions.
Common Crimes Committed by Teens
While children committing crimes is not uncommon, it does not happen nearly as often as adults committing crimes. According to the FBI, there were 681,701 juveniles arrested and 7,799,901 adults arrested in 2016, which makes juvenile crime only eight percent of all crime in the U.S. Of those juveniles arrested, the majority of them were teens, with 491,126 juvenile arrests, or 72 percent, made to those who were between the ages of 15 and 18. While law enforcement has seen some disturbing increase in violent crimes committed by juveniles, there is a general trend for the types of crimes that teens tend to be arrested for.
Theft/Larceny: Over 107,000 juvenile arrests in 2016 were made because of theft/larceny charges. These charges include general theft charges and shoplifting charges. General theft occurs when a person takes possession of property that is not their own without permission from the owner. Shoplifting occurs when a person takes possession of an item that is for sale in a retail establishment. These charges can be misdemeanors or felonies, depending on the value of the stolen items.
How to Fight a DUI-Related Driver’s License Suspension
Did you know that you can lose your driver’s license just for being arrested for driving under the influence, even if you are not convicted of the crime of DUI?
Failing or Refusing DUI Testing = Automatic License Suspension
If a law enforcement officer has probable cause to believe you have been driving while intoxicated, you will be arrested and taken to a police station. Once there, you will be asked to submit to alcohol and/or drug testing, such as a breathalyzer test. If you either fail or refuse this evidentiary chemical testing, you will be handed a notice that your Illinois driver’s license is being suspended. This is an administrative penalty imposed by the Illinois Secretary of State’s office and is known as a statutory summary suspension.
“Failing” drug/alcohol testing means that you tested over the legal limit for alcohol, THC (marijuana), and/or other drugs.
Why You Can Get Multiple Tickets for One DUI
People arrested for driving under the influence will often walk out of the police station with two or three DUI tickets (different charges for the same DUI). But, a person can only be convicted once for a single drunk driving incident. So why would the police write up multiple charges (tickets)?
Seven DUI Charges Are Possible in Illinois
To answer this question, we must first look at Illinois DUI law. Under Illinois statute 625 ILCS 5/11-501(a), there are seven possible ways to be charged with DUI:
- Driving under the influence of alcohol;
- An evidentiary test reveals a blood alcohol concentration of .08 or higher;
- Driving under the influence of any other drug(s) that render the person incapable of driving safely;
- Driving under the influence of any intoxicating compound(s) that render the person incapable of driving safely (e.g., inhalants such as acetone or toluene);
What is Obstruction of Justice in Illinois?
There are many crimes that you may not know exist - or crimes that you may not think of when you think of crime. For some people, one of those elusive crimes may be obstruction of justice. Often, obstruction of justice charges are piled on top of other charges, which makes it harder to reach a plea deal or negotiate a better sentence. There are specific actions that you might take that can be considered obstruction of justice, so before you are facing these charges, it is a good idea to know what not to do. If you are already facing obstruction of justice charges, it is important to understand what kind of punishments you may be facing.
Legal Definition
The Illinois Criminal Code outlines what constitutes obstructing justice in Illinois. According to the Code, a person is considered to be obstructing justice when his or her actions are done with the intent to prevent the arrest, prosecution or defense of any person. You can be charged with obstructing justice if you commit any of the following actions:
The Dangers of Fake IDs, Part Two: Making or Selling a Fake ID
In colleges across the country, classes have begun and first time university students are taking all the excitement that higher education has to offer. Along with studying and classes, many college students also take the opportunity away from their parents to experiment with alcohol. Underage students who are not legally allowed to buy alcohol may try to circumvent these laws through illegal methods. In a recent post, we talked about some of the consequences you could face for borrowing an older friend or relative’s ID to get into a bar or club. This may seem like a minor offense to many college students- especially if their friends have gotten away with it in the past. However, using or even just possessing someone else’s state identification card can result in up to a year of jail time. For individuals who become more deeply involved in fraudulent identification schemes, the criminal consequences can be even more severe.
Those Selling Fake IDs Can Face Jail Time if Convicted
The Dangers of Fake IDs, Part One: Using a Fake ID
For many, one of the most memorable parts of attending a college or university is going out to bars and restaurants with friends. Traditional college students start their courses around age 18 while the drinking age in the United States is 21. Students must, therefore, wait to patronize certain establishments for several years while older students can drink there freely. It can be extremely tempting to attempt to sneak into bars or order a drink at a restaurant for many underage college students. When sweet-talking the doorman or server does not work, some students try using a fake driver’s license or other false identification to gain entry into 21-and-over establishments. Buying or using a fake ID may seem like no big deal, but it is a crime and those found guilty of this crime can face very serious consequences.
You Can Lose Your Driving Privileges for Using or Buying a Fake ID in Illinois
Illinois state law says that it is illegal to acquire, distribute, use or even simply possess a faked or fraudulent state ID card or driver’s license. Furthermore, helping someone else obtain or use a fake ID is illegal. The state can and will suspend or even revoke a person’s driving rights if they are caught possessing another person’s license or state ID card. The revocation of driving privileges can happen even without a conviction.
