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Recent Blog Posts
Getting Back on the Road After a License Suspension or Revocation
When someone is facing a driver’s license suspension or revocation, their top three questions tend to be:
- Is there any way to contest this and maybe keep my license?
- If I lose my license, can I get some kind of restricted permit that allows me to drive to necessary places like work and medical appointments?
- How do I get my unrestricted license back?
The Illinois Secretary of State (SOS) has documented procedures to address these issues. However, these procedures can be complicated and confusing, particularly when it comes to reinstatement following a revocation. Because each person’s situation is unique, it is always smart to consult an attorney prior to engaging with the SOS.
Let us look at each of these issues, one by one:
1. How can I contest a driver’s license suspension/revocation?
As soon as you learn of an impending suspension of your license, you should consult an attorney as quickly as possible. You have a limited window of time to request an administrative hearing in front of a SOS hearing officer. This hearing is your one opportunity to contest the suspension. Depending on the circumstances, your attorney may be able to help you avoid the suspension altogether. In some cases, you also have the ability to motion the ticket that originally caused your suspension back into court to reverse your suspension.
Incidents of Carjackings Are on the Rise in the Chicago Area
Reports of carjackings or attempted carjackings taking place in Chicago or its surrounding communities seem like an almost daily occurrence as of late. Police, faced with the skyrocketing numbers of these offenses and the domino effect carjackings have in the commission of other crimes, are looking for ways to turn back the tide.
Numbers Suddenly Reverse
Beginning with a review of carjacking statistics in 2007, the number of incidents between that year and 2014 showed a steady decline. In 2007, there were a reported 900 incidents of carjackings, which declined over the years to a low of about 300 in 2014. However, since then, the numbers have continued to rise.
In 2016, Chicago reported approximately 660 carjackings. That number was nearly equaled throughout the first 10 months of last year, and there were nearly 1,000 incidents in the city in 2017. Reports of these incidents are now occurring in areas that once enjoyed relative freedom from this type of violent crime.
Popular Movie Franchise Could Contribute to Rise in Speeding and Reckless Driving
For years, researchers and sociologists have been trying to link human behavior with the entertainment and media that we consume. Most of us clearly remember the controversy over explicitly violent video games such as Mortal Kombat and the Street Fighter franchise. In addition to video game violence, there has also been concern over risky onscreen behaviors such as promiscuous, unprotected sex, binge drinking, and aggressive driving.
Unfortunately, finding indisputable connections between our entertainment choices and our behavior is rather difficult. Our decision-making processes are shaped by countless variables, including both internal and external influences. Attempts to study these links often utilize attitudes—which are subjective—and actions in a controlled environment—which are often not reflective of real-world behavior. According to a new study, however, there may be a direct link between a popular film franchise and the driving habits of those who see the movies.
Drivers Beware: Carelessness Could Cost You Your License
Have you gotten multiple speeding tickets within a 12-month period? Been arrested for DUI? In such situations, one of the biggest concerns most people have is: Will I lose my driver’s license , and for how long? All Illinois drivers should be aware of the types of violations that can result in the suspension or revocation of your driver’s license.
Who Is in Charge of Illinois Driver’s Licenses?
In Illinois, the Secretary of State (SOS) is responsible for driver’s licenses. The SOS depends on information provided by all branches of law enforcement plus the courts to maintain up-to-date driving records on all licensed drivers. The Secretary of State thus holds the power to suspend or, for more serious infractions, revoke your driver’s license.
What Is the difference Between Suspension and Revocation?
- Suspension is the temporary loss of your driver’s license for a specific period of time (usually less than one year, though it can be longer) or until you meet specified requirements, such as paying off outstanding fines. You can then pay a reinstatement fee and get your license back.
Proposed Law Would Give Temporary Medical Marijuana Access to Opioid Users
The opiate crisis in the United States has reached epidemic levels. Drugs like Oxycontin, Percocet, morphine, and codeine are intended to treat severe pain - such as what one would experience post-surgery. Unfortunately, the pills are highly addictive and eventually those who try to stop taking the pills experience terrible withdrawal symptoms. Addicted individuals sometimes turn to street drugs like heroin in order to find relief from the suffering of withdrawal. Heroin is often mixed with fentanyl – a deadly substance 100 times more powerful than morphine. Opiate addiction and abuse have destroyed many people’s lives.
Bill Would Expand Illinois Medical Marijuana Program
A new bill is being brought before the Illinois General Assembly that would expand the state medical marijuana program to allow cannabis to be used by any patient who qualifies for the prescription use of opioids. The program, which currently has 27,000 participants, would be greatly expanded by this bill. In order to qualify for medical marijuana in Illinois currently, you must suffer from one or more of 40 specific medical conditions including cancer and lupus. The bill would allow patients who would normally be given only opioid treatment to also have access to medical marijuana. This could be beneficial for individuals who have post-surgery pain or are healing from an injury.
Court Rules on Forced Chemical Testing in DUI Murder Case
A citizen’s right to personal privacy and the law enforcement community’s use of probable cause frequently run opposed to one another when officers attempt to apply the tool during the course of an investigation. A case heard on appeal late last year sought to clarify the matter as it involved the conviction of one man who was alleged to be driving under the influence (DUI) when he struck and killed a pedestrian.
Forced Compliance with Drug Test Ruled Unconstitutional
In hearing the case, a majority of justices on the Appellate Court found that police committed a series of procedural errors in collecting evidence from a suspect in a vehicular homicide. The court ruled that a section of the Illinois law on DUI testing was unconstitutional. In issuing their ruling, they stated that if a suspect does not consent to a request for a blood or urine sample, police officers must secure a warrant to compel the suspect’s cooperation. In issuing their ruling, the appeals court overturned the defendant’s conviction on murder charges and sent the case back to the lower court for retrial.
Federal Safety Officials Pushing Lower Legal DUI Limit
Do you know what the legal limit is in Illinois for blood-alcohol content (BAC) while operating a motor vehicle? Most people are aware that an adult over the age of 21 with a non-commercial driver’s license is considered legally intoxicated if his or her BAC equals or exceeds 0.08. The 0.08 limit is the same across the United States. In recent weeks, however, federal safety officials have started pushing for states to reduce the legal to 0.05 in hopes of saving thousands of lives each year.
A Downward Trend
It may seem like the legal limit for presumed intoxication has been 0.08 forever, but the limit was 0.10 in most states until fairly recently. Illinois was among the first to adopt the lower standard, doing so in 1997. Just three years later, then-President Bill Clinton signed a measure that threatened the forfeiture of federal transportation grants for states that did not adopt the 0.08 limit. As one might expect, states were reluctant to miss out on federal funding, and within a few years, all 50 states, Washington D.C., and Puerto Rico enacted legislation to adopt the new standard.
5 Things Commercial Drivers Should Remember To Protect Their CDL
It is a hardship for anyone to lose their driver’s license, but most especially for Commercial Driver’s License (CDL) holders who earn their living behind the wheel. In this post, we take a look at five things that all CDL holders should know in order to protect their driving privileges and their ability to earn an income as a commercial driver.
1. Just say no to drugs.
Your CDL can be terminated for life, with no possibility of reinstatement, if you use any vehicle (commercial or personal) in the commission of a felony involving controlled substances.
2. What you do in your personal vehicle counts.
Major driving violations can result in the loss of your CDL, even if you were driving a personal vehicle when the violation was committed. These violations include driving under the influence of alcohol or other intoxicants (DUI), leaving the scene of an accident, using a vehicle in the commission of a felony, or operating a commercial vehicle while your CDL is suspended.
Chicago Police Officer Killed in Midday Shooting
Gun violence is a serious problem for Chicago and the surrounding areas. Men, women, and children alike have lost their lives due to incidents involving firearms. The city recorded 650 murders in 2017 alone. Recently, another man was killed due to gun violence, but this time, it was a police officer. Cmdr. Paul Bauer was attempting to catch a man who was fleeing from tactical officers when he and the suspect engaged in a physical confrontation. The suspect then opened fire and shot the officer multiple times, killing the 31-year department veteran.
Suspected Shooter is Four-Time Felon
Police officers were eventually able to apprehend the suspect. He is a 44-year-old who has already spent many years of his life behind bars. The four-time felon was sentenced to 16 years in prison in 1998 for robbery. If found guilty of killing an officer, he will spend even more time locked up. The incident started just before 2 p.m., meaning many people were witnesses to the struggle and gunfire. Commander Bauer became involved in pursuing the suspect after hearing his description on the radio. A police tactical team had been attempting to question the suspect about a separate shooting when he started running away from the officers. They radioed for help, and Bauer was the first to confront the suspect. It was a heroic action which led to his death. Chicago Mayor Rahm Emanuel said of the officer, “Commander Bauer stood for the highest ideals of our police department and our city — to serve and protect the people of Chicago.”
DUI Defenses That Could Help You Avoid a Drunk Driving Conviction
If you are arrested for driving under the influence (DUI) in Illinois driving under the influence (DUI) in Illinois, and chemical testing proved you were over the legal limit for drugs or alcohol, you may think your only option is to plead guilty and accept a DUI conviction on your permanent record.
An aggressive and well-versed DUI defense attorney, however, may be able to help you avoid a conviction. There are numerous grounds on which a DUI defense can be built.
When talking to your attorney, be sure to convey all the details that you can remember, so that your attorney can consider whether any of these defenses might apply in your case:
1. No Valid Reason for the Traffic Stop
A police officer must be able to state a legal reason for stopping a driver. If there is no valid reason for the initial traffic stop, any evidence (e.g., a breathalyzer or blood test) gathered by the police after that may also be invalid. Weaving without crossing lanes or an anonymous phoned-in tip that someone is driving drunk, to name just two examples, are not considered valid reasons for a traffic stop.
