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Will a Formal Hearing Be Needed Before My License Can Be Reinstated?
There are a variety of reasons why a person’s driver’s license may be suspended or revoked. Arrests for drunk driving or DUI convictions are some of the most common reasons for the loss of a driver’s license, but multiple traffic violations on a person’s record may also result in a license suspension. In these situations, a person will need to determine their options for driver’s license reinstatement. Depending on the reasons for a suspension or revocation, a person may be required to attend a formal license reinstatement hearing. If your license has been suspended or revoked, you will want to understand when a formal hearing may be necessary, the procedures that will be followed in these hearings, and the steps you can take to show that your driving privileges should be restored.
Formal Hearings with the Illinois Secretary of State
Informal hearings, which are conducted at multiple Secretary of State facilities throughout the state of Illinois, will be used in most cases involving driver’s license suspensions. However, formal hearings will be required in certain situations. These include cases where a person has multiple DUI dispositions, including criminal convictions or statutory summary suspensions that occurred because they failed or refused to take a chemical blood alcohol test after being arrested on suspicion of intoxicated driving. A formal hearing will also be required if a license was suspended or revoked because a person committed an offense that caused someone else to suffer great bodily harm or resulted in a person’s death. Formal hearings are held in four locations throughout Illinois. A person will need to request a formal hearing in writing, and they will state whether they are seeking the reinstatement of their driver’s license or requesting a Restricted Driving Permit (RDP) based on hardship that will affect them and their family due to the loss of their driving privileges.
What Are the Penalties for Different Types of Retail Theft in Illinois?
While stealing someone else’s property is generally considered to be wrong, and people are aware that they may face consequences for doing so, some may believe that “minor” forms of theft are less serious. Theft offenses that are often considered minor include retail theft or shoplifting, and people may feel that pocketing an item such as a pack of gum at a grocery store or gas station is not a serious problem that requires the involvement of the police or other authorities. However, retail theft is a crime and depending on the circumstances of a case and the value of the goods stolen, a person may face serious penalties. By understanding the laws related to retail theft in Illinois, a person charged with this offense will be able to determine how to approach these accusations.
Acts That May Be Considered Retail Theft
At the most basic level, retail theft may be defined as taking possession of merchandise that is displayed, stored, or offered for sale in a retail establishment with the intention of depriving the seller of the possession or benefit of these items without paying the full retail price. That is, shoplifting will often consist of taking items out of a store without paying for them. However, Illinois law also defines several other forms of retail theft, including:
When Can I Face Criminal Charges for Unlawful Use of Weapons?
There are multiple reasons why people may carry guns, knives, pepper spray, or other items that are considered weapons. These weapons are often used to ensure that a person has the proper protection and will be able to defend themselves when necessary, although they may also be used for hunting or other purposes. Unfortunately, many people do not realize that they may be in violation of the law when carrying or using certain types of weapons. For those who are facing weapons charges for the offense of unlawful use of weapons, it is important to understand the potential consequences of a conviction.
What Is Unlawful Use of Weapons?
In Illinois, gun owners are allowed to possess firearms if they have a valid Firearm Owners Identification (FOID) card, and they may carry or transport firearms that are unloaded and kept in a box or container. Those who have a valid Concealed Carry permit may carry a loaded firearm on their person or in their vehicle. However, if a person possesses or carries a firearm without a valid FOID card and/or Concealed Carry permit, they may be charged with Unlawful Use of Weapons (UUW).
Can I Face Legal Consequences for Serving Teens Alcohol in Illinois?
As an Illinois parent, you may wonder what responsibility you have if your teenage children and their friends are drinking alcohol at your home. You may have even heard of some parents thinking it is safer to host and supervise a party than take the chance that their teens are sneaking around. Under Illinois law, if you allow or encourage the drinking of alcohol by minors, you can be held civilly and criminally liable for any injuries and deaths that result.
Civil liability was most recently clarified in 2004, under the Drug or Alcohol Impaired Minor Responsibility Act. This Act allows the victim or the victim's family to bring a civil lawsuit against the person who supplied alcohol or illegal drugs to a minor. The person bringing the lawsuit can be awarded economic damages including medical expenses, non-economic damages including pain and suffering, punitive damages, and other expenses. Depending on the circumstances of the case, this could include injuries suffered on your property as well as liability for motor vehicle accidents that occur because of underage drinking.
What Are the Penalties for an Assault Conviction in Illinois?
There are many different situations in which a person may face criminal charges based on accusations that they have caused harm to others. If a person has been accused of physically attacking or threatening someone else, he or she may face charges of assault. The specific offenses that may apply will depend on the circumstances involved in a case, and the penalties of a conviction can vary significantly. Those involved in these situations will need to understand how the laws apply to them, and they can work with an attorney to determine their best options for defending against these charges.
Illinois Assault and Battery Charges
In Illinois, charges involving the threat of injury or the infliction of bodily harm will generally be divided into two categories (assault and battery) that may be charged together or separately. Battery involves actually causing bodily harm, such as by striking someone hard enough to break the skin or cause bruises, concussions, or fractures. The charge of battery may also apply in situations where a person made physical contact without inflicting injuries if the contact could be considered to be “insulting or provoking,” such as poking someone in the chest or slapping them in the face. Assault charges may apply in situations where a person acted in a way that caused someone to reasonably believe that he or she will suffer battery, such as verbal threats of violence.
Can Traffic Tickets Lead to an Illinois Driver’s License Suspension?
It is likely that at some point during their life, everyone will receive a traffic ticket of some sort. There are a multitude of laws that apply to drivers, and it can be easy to make a mistake that is considered a traffic violation. These violations can range in severity from a basic charge of exceeding the speed limit to more serious offenses such as reckless driving. While a single violation may not be especially serious, and a person may simply be required to pay a fine, multiple violations could potentially lead to the suspension of a person’s driver’s license. By understanding when these types of suspensions may occur, drivers can determine the steps they will need to take to avoid the loss of their driving privileges.
Understanding the Illinois Driver’s License Point System
As is true in many states, Illinois uses a system in which traffic violations will result in points being added to a driver’s record. If a person receives three or more traffic violations within one year, their license may be suspended, and the length of the suspension will depend on the number of points they have accumulated.
Can I Face Criminal Charges for Possession of Marijuana in Illinois?
Since 2020, people in Illinois have been able to legally use marijuana for both medical and recreational purposes. The state’s laws allow adults (21 years old and up) to possess a certain amount of marijuana, and cannabis and cannabis products can be legally purchased at licensed dispensaries. However, there are still some situations where people may face criminal charges for marijuana possession. By understanding the applicable laws, people charged with marijuana-related offenses can determine their rights and their options for defense.
Unlawful Cannabis Possession in Illinois
Residents of Illinois who are over the age of 21 can possess up to 30 grams of cannabis plants, five grams of concentrated cannabis, or products infused with cannabis containing 500 milligrams of THC (the psychoactive chemical in marijuana). People who do not reside in Illinois may enter the state and purchase and possess marijuana, although they are limited to possessing 15 grams of cannabis plants, 2.5 grams of cannabis concentrates, and 250 milligrams of THC. Possession of marijuana in excess of the legal limits may result in criminal charges. Possession of over 30 grams of cannabis is a Class A misdemeanor that may result in a prison sentence of up to one year. Possession of over 100 grams is a Class 4 felony that may result in a sentence of between one and three years in prison. Possession of larger amounts may result in more serious felony charges, and in these cases, a person may be charged with possession with intent to deliver, which may result in more severe consequences.
What Are the Consequences of Violating an Order of Protection?
In many cases involving allegations of domestic violence or abuse, a judge may choose to issue an order of protection. These orders, which are commonly known as restraining orders, may place a number of restrictions on a person, including preventing them from contacting family members covered in an order. If an order of protection has been issued against you, it is important to understand the requirements that you will need to follow and the potential charges you may face if you violate the terms of the order.
Restrictions and Requirements in an Order of Protection
A judge may determine that an order of protection is appropriate based on claims that a person has committed domestic violence or other forms of abuse toward members of their family or people in their household. An alleged victim of abuse may request an emergency order of protection, and a hearing may be held without the alleged abuser being present. If an emergency order is issued, it will go into effect immediately, and it will usually be valid for 21 days. The person who is subject to the order will be notified, and a hearing will be scheduled to determine whether a long-term order of protection will be necessary.
When Is a Monitoring Device Driving Permit Available After a DUI?
What Is an MDDP?
After a first-time DUI arrest, a person will usually be eligible for a permit that will allow them to drive, as long as they use a breath alcohol ignition interlock device (BAIID). This device is a portable breathalyzer that will be installed in a person’s vehicle. Before starting the vehicle, the driver will be required to breathe into the device, and the car will not start if their blood alcohol content (BAC) is above a certain limit. Drivers will also be required to provide breath samples at certain intervals while driving. A device will take a picture of the driver when they are providing a sample to ensure that the driver is the person being tested. A BAIID will be required on any vehicle the person drives during their period of license suspension.
First-time DUI offenders may apply to receive an MDDP, which will allow them to drive without any limitations during their period of license suspension, as long as they use a BAIID. A person must meet the following requirements to qualify for an MDDP
Will County Theft Felony Charges
It is all too easy in Illinois to find yourself facing a felony theft charge. The following types of theft are felony crimes:
- Any theft over $500 in value. (A simple theft of $500 or less is a Class A misdemeanor);
- A theft of any value committed in a school or place or worship;
- A theft of government property of any value;
- A theft by deception of any value, wherein the offender obtains a rent payment or security deposit by posing as a landlord or landlord’s employee;
- A theft of any value if you have a previous conviction for theft; and
- Possession of stolen goods with knowledge or reason to believe the goods were stolen.
Penalties for Felony Theft in Illinois
Depending on the value of the stolen goods, you could be facing from one year to decades in prison. While probation is a possible sentence in lieu of prison in most cases, a theft of property valued at over $500,000 is a non-probationable felony.