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Understanding Breath Alcohol Ignition Interlock Devices

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Illinois drivers who are caught driving under the influence of alcohol (DUI) are subject to an automatic suspension of their driver’s license. Failing a blood alcohol content (BAC) test will cause a first-time DUI offender to lose his or her ability to legally drive for six months through a statutory summary suspension. A DUI offender who refuses a Breathalyzer test or a person who fails a test for the second time will have their license suspended for 12 months.

However, there are a few ways you can regain your ability to drive after being charged with a DUI. One way is through a Monitoring Device Driving Permit (MDDP) and another is through a Restricted Driving Permit (RDP). Both of these permits allows a person convicted of a DUI to regain their ability to legally drive before the end of the license suspension. In order to qualify for either of these special permits, you must have a Breath Alcohol Ignition Interlock Device (BAIID) installed on your vehicle.

How Does a Breath Alcohol Ignition Interlock Device Work?

Much like the Breathalyzer tests used by police, a BAIID is a device which a driver blows into. The device can measure the amount of alcohol in a person’s breath and use that information to determine the person’s blood alcohol content (BAC). Those with a BAIID installed in their vehicle must blow into the device in order to start their car. If the BAIID senses more than a tiny amount of alcohol in the person’s breath, the vehicle’s ignition is disabled. The car then cannot be started for a period of time called a “lock-out period.”

Do Not Try to Trick a BAIID

Some DUI offenders who have a BAIID installed in their vehicle may attempt to fool the device in some way so that they can drive with alcohol in their system. However, the device is very sophisticated and there is almost no way a person could get away with this. BAIIDs are equipped with a camera which takes a photograph of the person blowing into the device, so having a non-drinking friend blow into the device for you will certainly be detected. Using non-human sources of air also will not work.

Tampering with a BAIID or trying to fool the device so you can drive with a nonzero BAC will lead to further criminal charges . If a DUI offender participating in the BAIID program is caught driving a vehicle that does not have a BAIID device installed, he or she can be found guilty of a Class 4 felony.

Contact a Will County DUI Lawyer

To learn more about how to regain your driving privileges after a DUI or for other legal assistance regarding DUI charges, speak with a Joliet DUI defense attorney . Call 815-740-4025 to schedule a free consultation at the Law Office of Jack L. Zaremba today.

Defending Against Charges of Battery or Domestic Battery

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When you get in a physical altercation with someone, you could find yourself charged with misdemeanor battery , domestic battery , or felony aggravated battery. Having a violent crime like this on your record can cause you significant problems in the future. For example, a conviction for a forcible felony such as aggravated battery can prevent you from getting the professional license you need to work in health care, teaching, or a number of other fields. Employers may refuse to hire you for even a misdemeanor battery conviction.

Because the potential consequences of a conviction are harsh, you need to mount a strong defense against any type of battery charges or similar crimes against persons. But, what constitutes a strong defense? The key is not to rely on a single line of defense but rather to have multiple lines of defense.

Possible Defense Strategies

In battery cases, the person who made physical contact first is generally the one who gets charged with the crime of battery, while the other person can claim they hit back in self-defense. Whoever sounds more credible is likely to be the one believed. Thus, witness testimony usually plays a crucial role in the prosecution of a battery charge.

To win, a defense attorney will have to discredit the state’s key witness. For example, it might be argued that supposed independent witnesses were not present from beginning to end of the incident or did not actually have a clear view of the entire incident.

Yet simply discrediting that witness may not be enough to win the case for the defense. This is where the “multiple lines of defense” strategy comes into play.

The defense attorney can strengthen the defendant’s case by presenting a believable alternative view of the incident. For example, the evidence shows that it was the “victim” that was the aggressor in the situation. Or showing that the “victim” has changed her statement multiple times, thereby lowering the believability of the victim. And a convincing alternative scenario can also further tip the scales in favor of the defendant.

Another option for strengthening the defense involves challenging the report made by the police officers who responded to and investigated the incident. Perhaps the police failed to locate and interview other witnesses or to look at security camera video that captured all or part of the incident. Or, the police may have failed to check their own files, which reveal that the alleged victim was in fact the aggressor in at least one previous incident. A motivated defense attorney may be able to find enough holes in the police investigation to create a reasonable doubt about the defendant’s guilt. In a criminal proceeding, reasonable doubt is all that is needed for an acquittal.

Contact a Will County Violent Crimes Attorney

If you have been in a fight in Joliet or elsewhere in Will County, and the police have charged you with battery, consult an experienced Joliet assault and battery lawyer . After reviewing all of the circumstances and evidence in your case, we will prepare a strong defense strategy for you. Call the Law Offices of Jack L. Zaremba at 815-740-4025 for a free consultation.

Serious Penalties Can Result from a Fake ID

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In today’s digital age, it is easier than ever for a person to get their hands on a fake ID. What once took yourself or a friend “knowing a guy” can now be accomplished by a simple Google search. There are thousands of websites out there run by people claiming that they can make identification cards that are “scannable” and “will not get you caught easily.” Though it may seem easy to just purchase a fake ID off the internet, even just possessing a fake ID in Illinois can get you into a lot of trouble. In some instances, you can even find yourself facing felony charges and extensive fines for charges related to fake IDs .

Penalties for Fake IDs

In the state of Illinois, it is illegal for anyone to assist in obtaining, fraudulently obtain, possess, use, or distribute a fake identification card. Aside from any criminal charges you may face, the state of Illinois can also revoke your driving privileges for a minimum of one year or suspend your driving privileges for a maximum of one year if you violate any of the laws pertaining to fake IDs.

Illinois law states that you can be charged with a Class A misdemeanor for any of the following offenses:

• Allowing a friend to borrow a license or state ID for them to use;

• Using someone else’s ID card or driver’s license and displaying it as your own;

• Possessing a fictitious driver’s license or ID card that contains false information, but was produced by the Illinois Secretary of State or other government office;

• Possessing, transferring or providing any type of identification document to obtain a fake ID card or driver’s license; and

• Altering or attempting to alter a driver’s license or state ID card.

As Class A misdemeanors, these crimes carry a maximum sentence of one year in jail and up to $2,500 in fines. Any subsequent offense for these crimes will be classified as a Class 4 felony.

Illinois law also states that you can be charged with a Class 4 felony for any of the following crimes:

• Possessing a fake driver’s license or ID card that was produced by someone other than a government office;

• Possessing equipment used to reproduce a valid, government-issued driver’s license or ID card; and

• Manufacturing, distributing, selling or advertising a fake ID card or driver’s license.

These Class 4 felony charges can result in one to three years in prison and up to $25,000 in fines. If you are charged with a subsequent offense for any of the above crimes, you will be charged with a Class 3 felony, which is punishable by up to seven years in prison and up to $25,000 in fines.

A Joliet Criminal Defense Attorney Can Help You With Fake ID Charges

If you or your child has been charged with any offense relating to possession, distribution, selling or use of a fake ID or driver’s license, you need help from a Will County criminal defense lawyer right away. At the Law Offices of Jack L. Zaremba, P.C., we can help you figure out your best course of action and guide you along the way. Call our office today at 815-740-4025 to schedule a free consultation.

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