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Recent Blog Posts
I Have Been Charged with DUI Hit-and-Run but Do Not Remember
You may be waking up and seeing the world a bit more clearly but your legal problems are just getting started. You have been charged with a DUI and a hit and run. This combination of criminal charges is very serious in the eyes of the law. But what if you do not even remember the accident?
Required Information Exchange
Assuming that this is your real-life scenario, you are facing consequences for two separate crimes. It is illegal for a driver to flee the scene of an accident whether it is your fault or another driver is to blame. If there are injuries, you must remain at the scene and share information with the police and the other drivers. Leaving the scene of an accident could leave you facing felony charges and possible license revocation. Penalties depend on the circumstances surrounding the accident and the amount of damage.
Hit-and-run drivers often flee the scene of an accident because they do not want to get caught. Perhaps they were texting and driving or they were high on drugs at the time of impact. These drivers evade confrontation because they believe it is the best way to avoid punishment.
I Need to Drive Again but I had a DUI
Tired of taking the bus or asking friends to give you a ride? If you want to get behind the wheel again but have had your license suspended or revoked, do not go it alone. We believe everyone needs to drive and we will help you get a full license reinstatement whether you have several unpaid traffic tickets or were driving under the influence of drugs or alcohol.
An RDP Permit Will Get You Driving
If your driver’s license has been suspended or revoked, you may be able to get back on the road with a restricted driving permit (RDP). That permit will allow you to drive to work, take your kids to school, or go to a doctor’s appointment. Some clients are even eligible for a probationary permit, which will allow you to drive up to 12 hours a day, six days a week within a 200 mile radius. You will need to attend a hearing to prove your eligibility for the permit and you must drive with the permit for at least nine months before you are eligible for your next hearing.
If your license is revoked because of two or or more DUI convictions, you should expect to drive a vehicle with a Breath Alcohol Ignition Interlock Device for five years as a prerequisite for full reinstatement of your driving privileges. If you have four or more DUI convictions, your driver’s license will be revoked indefinitely, with some clients still being eligible for a RDP or clearance if you no longer live in the State of Illinois.
Is Your Child Facing DUI Charges?
If your teenager is facing drunk driving charges, the entire family may be feeling the stress and stigma. Even a first DUI offense could be costly and lead to jail time. This one mistake could haunt your teenager for months or years to come. If this sounds familiar, get help from an Illinois criminal defense lawyer who understands that mistakes happen and believes your child deserves a second chance.
Zero Tolerance for Minors Driving Under the Influence
There is a zero-tolerance law in Illinois for anyone under 21 caught drinking and driving. That means if your teenager has any detectable trace of alcohol in their system they could be arrested and charged with violating the Illinois Zero Tolerance law and/or a DUI. Because of this, your underage child may have just obtained their driver’s license and now they could be losing their driving privileges. Worse, their license could be revoked, which is more severe than a license suspension. They might even have to take a driving test again after the minimum waiting period is up. Here is a detailed breakdown of the possible consequences for violating Illinois’ Zero Tolerance law:
Can DUI Blood Tests Be Inaccurate?
When someone is arrested for alleged drunk driving, they are taken to the police station for further testing, including breath alcohol and blood alcohol tests. During a blood test, a small sample of the arrestee's blood is drawn and sent to a laboratory for analysis. The results of this test are generally admissible in court as evidence against the individual. However, it is important to keep in mind that these tests are not always accurate. In some cases, DUI blood tests can produce false positives.
Problems With Blood Alcohol Testing That May Reduce the Chances of a DUI Conviction
There are a number of factors that can contribute to inaccurate blood alcohol test results, including:
- Problems during the blood draw - If the person taking the blood sample does not do so correctly, it can lead to inaccurate results. For example, if the needle used to draw the blood is not clean, it can contaminate the sample.
- Improper storage or handling of the blood sample - If the blood sample is not stored or handled properly, it can also lead to inaccurate results. For example, if the blood sample is not refrigerated, it can break down, ferment, and produce inaccurate results.
Shoplifting Charges in Illinois: What You Need to Know in 2022
In response to the increased prevalence of organized shoplifting rings in the state, Illinois Governor J.B. Pritzker recently signed a bill that increases penalties for retail theft. The INFORM Act increases the penalties for organized retail theft to a Class 3 felony offense for items valued at $300 or more. Individuals who commit retail theft at multiple establishments could find themselves facing Class 2 felony charges.
If you are accused of shoplifting in Illinois, it is important to understand the laws and possible penalties you may face. Retail theft is a serious crime in Illinois, and those convicted can face significant fines and substantial jail time.
Criminal Charges for Retail Theft
Under Illinois law, retail theft occurs when someone knowingly:
- Takes merchandise from a store without paying for it
- Switches price tags to pay a lower price for an item
- Conceals merchandise in order to leave the store without paying for it
Rights of Criminal Defendants
In the United States, criminal defendants have important rights that are protected by the U.S. Constitution. Unfortunately, many individuals accused of crimes fail to take advantage of their constitutional rights. They speak freely to police and give up their right to remain silent or allow unjustified searches and seizures of their personal property. Many fail to retain a skilled lawyer and instead rely on their own limited understanding of the criminal justice system. If you or a loved one have been accused of a crime, understand that all defendants have rights. Asserting these rights is often the difference between a guilty verdict and an acquittal.
Rights of the Accused
Some of the most important rights afforded to criminal defendants include:
- The right to a speedy and public trial - This right is guaranteed by the Sixth Amendment to the U.S. Constitution. It means that once an individual is charged with a crime, they have the right to have their case tried before a judge or jury within a reasonable amount of time.
FOID Violations Illinois
Illinois gun laws are some of the most restrictive in the country. If you want to own a gun in Illinois, you will need to get a Firearm Owners Identification (FOID) card. The FOID card is issued by the Illinois State Police.If you are accused of violating your FOID card requirements, it is important to take the accusation seriously. If you are found guilty of a FOID violation, you could face jail time and steep fines.
FOID Violations in Illinois
Although our right to bear arms is protected by the U.S. Constitution, states have the authority to limit gun ownership. In Illinois, gun ownership is considered a privilege. If a FOID carrier commits a criminal offense or violates FOID regulations, he or she may be stripped of his or her right to possess firearms.
Common examples of FOID-related violations include:
- Failing to renew your FOID card
- Lying on your FOID application
- Giving false information to a gun dealer
Why is My First DUI a Felony?
Most people are aware that a first-time DUI is typically charged as a misdemeanor, a less serious crime than a felony that carries under a year of jail time. In general, this is true. If it is your first DUI - and there were no aggravating factors present - you will usually be charged with a misdemeanor. However, there are situations where even a first DUI can lead to felony charges. First DUIs are charged as felonies when certain circumstances suggest that the crime was more serious than a misdemeanor. If you caused an serious accident, for example, you are very likely to face felony charges.
If you have been charged with a felony DUI, there are steps an attorney may be able to take that could potentially get your charges reduced back to a misdemeanor. It is important that you take the charge very seriously and fight back with the help of an attorney.
When is a First-Time DUI a Felony?
Finding out that you have been charged with a felony can be a terrifying experience - especially if you have never been in trouble with the law before. Felonies can carry more than a year in prison and leave you with a record that closes doors for the rest of your life. Understanding why your DUI has been charged as a felony can help you and your lawyer work out a defense strategy. Your first DUI could have led to felony charges because:
Avoiding Jail Time in Criminal Cases
One of the first things people tend to ask their criminal defense attorney is, “Am I going to jail?” If you are charged with a criminal offense, there is always the possibility of jail, but not a guarantee. That said, there are tactics an attorney can use that could keep you out of jail. A lot will depend on the specific facts of your case and other factors, like whether you have any criminal history and whether your offense involved harm to another person. If you are facing a felony charge, you are more likely to serve some time if you are convicted. If you are charged with a misdemeanor, it is less likely to face significant jail time. Your lawyer can help give you a better understanding of what could happen in your case.
Strategies for Staying Out of Jail
It is easy to look at the potential statutory punishment for the offense you are charged with and panic - up to a year in jail for a first DUI? However, most first-time offenders will not receive a punishment that harsh, especially if they are represented by an attorney. Some legal strategies that could potentially keep you out of jail include:
Was Your DUI Stop Legal?
There are a lot of ways for the police to make a mistake that leads to a case being dismissed. One of these potential mistakes involves their decision to make the traffic stop in the first place. If the traffic stop was illegal, then any evidence against you as a result of the stop could be discarded, leaving the prosecutor with very few arguments. You may think that police have the right to stop anyone they want to for any reason or no reason, but this is not the case. In order to pull a person over, the officer must have reasonable suspicion that you are doing something illegal. We start every DUI case by reviewing the alleged grounds for the stop in order to determine whether we can use an illegal stop as the basis of a legal defense.
Defining Reasonable Suspicion
The reasonable suspicion standard is based in the U.S. constitution. It is a rather low bar. The officer must be able to show that there were objective reasons he suspected that you were breaking the law and that his suspicion was reasonable. This standard is meant to prevent police from profiling drivers or harassing people who do not seem to be doing anything wrong.
