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Why You Can Get Multiple Tickets for One DUI

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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:

1. Driving under the influence of alcohol;

2. An evidentiary test reveals a blood alcohol concentration of .08 or higher;

3. Driving under the influence of any other drug(s) that render the person incapable of driving safely;

4. 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);

5. An evidentiary test reveals any amount of a substance that is (a) listed in the Illinois Controlled Substances Act, which has been unlawfully consumed, (b) listed in the Use of Intoxicating Compounds Act, or (c) methamphetamine as listed in the Methamphetamine Control and Community Protection Act;

6. An evidentiary test conducted within 2 hours of driving reveals a THC concentration of 5 ng/ml of whole blood or 10 ng/ml of another bodily substance. (For medical cannabis card holders, this standard does not apply; other tests will be used to determine if the person was driving impaired.); and

7. Driving under the combined influence of alcohol, intoxicating compounds, or drugs that renders the person incapable of driving safely.
Why Police Write Up Multiple DUI Charges

If you look at county court dockets that list upcoming trials and pre-trial hearings, some of the DUI cases will list only one charge while others will list two or more charges .

The General DUI Charge: When there is just one DUI charge, it is typically the general charge of DUI of Alcohol, DUI of Drugs, or Driving under the Combined Influence of Alcohol, Drugs, and or Intoxicating Compounds. In those cases, the accused probably refused evidentiary testing. The other possibility is that the person tested below the legal limit for alcohol, but was still judged to be driving impaired. You can be convicted of DUI in Illinois with a BAC above .05 but below .08 if there is other evidence that your driving was impaired.

The Test-Based DUI Charge: When there is a second DUI-related charge, that usually means the person submitted to evidentiary testing. For any blood-alcohol result over the legal limit, the charge is Driving Under the Influence/BAC 0.08. For any drug test over the legal limit (which is zero), the charge is DUI Any Amount of Drug. The police write up both the general charge and the test-based charge so that if one charge is thrown out in court (e.g., the BAC test result is dismissed as invalid), there could still be a conviction on the other charge.

Additional Substances Charges: Where there is a third DUI-related charge, it is typically for something other than the common alcohol or drug charges. For example, someone might be charged with the two drug-related DUI charges explained above and also be charged with DUI Intoxicating Compound.

Non-DUI Traffic Violations: A person’s case may also include other non-DUI charges, such as tickets for making an improper turn, disregarding a traffic signal, improper lane usage, or illegal transportation of alcohol. Such tickets can serve as further evidence that the person was driving impaired.

Call a Knowledgeable Will County DUI Defense Attorney

If you have been arrested on one or more DUI charges, be sure to explain the full circumstances of the incident and your arrest to an experienced Joliet DUI defense attorney . At the Law Offices of Jack L. Zaremba, we are familiar with the ways our local law enforcement agencies, prosecutors, and courts typically handle DUI charges. We will look for ways to get each charge dismissed or reduced and work hard to get you the most favorable outcome. Contact us at 815-740-4025 for a free and confidential consultation.

What is Obstruction of Justice in Illinois?

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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:

• Destroying, altering, concealing or disguising physical evidence;

• Planting false evidence or giving false information;

• Telling a person to leave the state if they have information about a case;

• Leaving the state if you, yourself, have information about a case;

• Giving false information to a government agency about the death or disappearance of a child; or

• Any other action that inhibits law enforcement’s efforts to carry out justice.

Most of the time, obstruction of justice charges come from interactions with police officers. If you resist arrest or you run away from the police, you could be charged with obstruction of justice. Similarly, if you interfere with a court case, such as destroying evidence or faking a fire alarm to clear a courtroom, you will be charged with obstructing justice as well.

Sentencing for Obstructing Justice

If you are charged with obstructing justice, you could be charged with a misdemeanor of felony charge, depending on the facts and circumstances of your case. A conviction of a Class 4 felony can bring with it a sentence of one to three years in prison or 30 months of probation and a fine of up to $25,000.

Get Representation from a Will County Criminal Defense Attorney

Obstruction of justice is a serious crime and is not taken lightly by police officers or judges. If you have been charged with obstruction of justice, you should contact a skilled Joliet criminal defense lawyer right away. The Law Offices of Jack L. Zaremba, P.C. can help you fight for your freedom and protect your future. To set up a free consultation, call the office at 815-740-4025.

The Dangers of Fake IDs, Part Two: Making or Selling a Fake ID

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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

While less significant fraudulent ID offenses may only be considered misdemeanors , other offenses can be considered Class 4 felonies. The following crimes are punishable by one to three years in jail and fines up to $25,000:

• Possessing a Illinois driver’s license or ID card created by someone other than a government office;

• Owning or possessing specialized security equipment that is used to reproduce government-issued identification cards or driver’s licenses;

• Advertising fraudulent identification cards;

• Dispensing, manufacturing, or selling fraudulent driver’s licenses;

Subsequent convictions can be charged as a Class 3 felonies punishable by up to seven years’ imprisonment and fines of up to $25,000.

Getting Caught with a Fake ID Can Derail a Student’s Life

If you are a high school, college, or university student, you should know that using a fake ID to buy alcohol or gain entry into bars or clubs could significantly alter the course of your life. Being convicted of a crime means that you have a criminal record which can follow you for years and lead to limited employment opportunities. Furthermore, students caught using or selling fake IDs can face sanctions from their school’s disciplinary board. Penalties can range from a temporary suspension to expulsion. Sadly, many students’ lives are turned upside down when they are arrested for crimes related to fraudulent IDs.

Free Initial Consultation With an Experienced Criminal Defense Attorney

If you or your child has been charged with a crime, you need a Joliet criminal defense lawyer who can help you understand the best course of action to take. Call the Law Offices of Jack L. Zaremba, P.C. at (815) 740-4025 to schedule a free consultation about your case today.

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