Posted on November 15, 2020 in DUI

Driving a commercial vehicle is a difficult endeavor and requires specialized training and licensing. Furthermore, once granted a Commercial Driver’s License (CDL), those who drive commercial vehicles are also held to a higher standard than other motorists, so what would amount to a relatively minor traffic violation for a regular driver, could represent a serious offense for a CDL holder. The penalties for violating a CDL provision also tend to be severe, so if you drive a commercial vehicle and your CDL has been suspended, you should call a dedicated Will County CDL violations defense lawyer who can help protect your legal interests.

Legal BAC Limits

Under Illinois law, a driver is considered to have been driving under the influence if he or she has a blood alcohol concentration (BAC) of .08 percent or more. The illegal BAC limit for CDL holders, however, is much lower, at .04 percent. Any commercial drivers who are found to have any alcohol in their system whatsoever, no matter how small the amount, will automatically be placed out of service for at least a day.

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 Posted on November 15, 2020 in DUI

Illinois drivers whose licenses have been revoked are required to attend a Secretary of State (SOS) hearing before their driver’s licenses can be reinstated. The process of reinstating a license can be complicated, so if your own license has been revoked or you want to obtain a restricted driving permit, it is important to speak with an experienced Aurora driver’s license suspension lawyer who can improve your chances of success.

Informal Hearings

When an Illinois driver’s license is revoked because of a DUI charge, the motorist in question will be required to attend an informal hearing overseen by a hearing officer who will ask for a wide range of information, including:

• Why the driver’s license was revoked
• Details about the person’s driving and criminal records
• Why the motorist needs his or her license back

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 Posted on October 30, 2020 in Traffic Violations

Drivers of commercial vehicles are generally held to a higher standard than most motorists due to the fact that the vehicles they operate are so large and are often used to transport dangerous cargo. For instance, those who drive commercial vehicles must obtain a special license (Commercial Driver’s License), satisfy specific training requirements, and comply with both federal and state regulations. Further, drivers who fail to abide by these rules risk losing their CDL driving privileges either temporarily or permanently, depending on the type of moving violation that they commit. It is possible, however, for drivers to have their CDLs reinstated, so if you were recently convicted of a major or serious moving violation, you should speak with an experienced DuPage County CDL violations defense lawyer who can advise you.

Serious Moving Violations

Commercial vehicle drivers who are convicted of a serious violation will not necessarily have their licenses revoked immediately, although second and third violations will result in disqualification for at least 60 and 120 days respectively. The most common serious violations include:

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 Posted on October 15, 2020 in DUI

Motorists who commit certain traffic offenses face serious penalties, including hefty fines and restrictions on their driving privileges. Those who have been convicted of driving under the influence (DUI), for example, could end up with their driver’s license suspended or revoked indefinitely. Fortunately, it is possible to have your license reinstated, although the process of doing so can be complicated, so if your own license was recently suspended or revoked, you should speak with an experienced Naperville driver's license suspension lawyer who can walk you through the process of reinstatement.

Summary Suspension

Drivers who are arrested for driving under the influence and are found to have a Blood Alcohol Concentration (BAC) of .08 or who are under the influence of a controlled substance will have their driver’s license suspended for between six to twelve months. This is known as a statutory summary suspension and will only terminate once the period of suspension has elapsed and the driver has paid the necessary $250 reinstatement fee. Fortunately, first-time offenders could also be eligible for a Monitoring Device Driving Permit, which allows motorists to drive during their period of suspension as long as their car is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

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 Posted on September 30, 2020 in Juvenile

As parents, we all want to protect our children. We all fear for the safety and wellbeing of our children. Unfortunately, in some cases, our children make poor decisions that can negatively impact their future. Every year, thousands of minors are charged with underage drinking in the state of Illinois. While many people think that these decisions will only come with limited legal ramifications, the truth is that a serious alcohol charge can impact your child’s employment and advanced education opportunities. Below we will examine the consequences of underage drinking and how they can ultimately impact your child.

Understanding the Impact of a Charge

First and foremost, it is important to understand that even the most minor of underage drinking charges can result in serious legal ramifications. In the state of Illinois, the purchase, consumption, or possession of alcohol as a minor constitutes a Class A misdemeanor charge as well as a $500 fine. It is also important to note that this charge will also lead to a mandatory three-month license suspension, even for a first-time offender. If a minor is using a fraudulent state ID to purchase or consume alcohol, they can face even more serious consequences. According to the Illinois Liquor Control Commission, use of a fraudulent Illinois ID can constitute Class 4 felony charges. In both cases, a minor’s future can be compromised due to one criminal conviction.

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 Posted on September 28, 2020 in Traffic Violations

Commercial truck driving is one of America’s largest and most critical industries. Commercial truck driving is a crucial part of our lives but does come with some inherent risks. Due to the sheer size of commercial trucks, they are more difficult to operate and collisions tend to be increasingly destructive. It should come as no surprise that more than 4,000 people died in commercial trucking accidents throughout 2018 alone. Because of this, law enforcement officials are cracking down on commercial truck driving negligence. If you have been cited for a CDL violation, it is time to seek out a knowledgeable defense attorney.

Most Common Forms of Truck Driver Negligence

When a truck driver is cited for a CDL violation, it is critically important to act quickly. In the United States, the most common CDL violations include drinking and driving, speeding, recklessly passing other vehicles, and other forms of reckless driving. It is also important to note that some violations that can result in a CDL violation may not be the fault of the driver. In some instances, a company will improperly load or care for a vehicle leaving the driver with an overloaded or improperly maintained vehicle. Regardless of the reason behind your CDL violation, hiring an attorney you can trust is critically important.

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 Posted on August 31, 2020 in DUI

Every single year thousands of Illinoisans are arrested for driving under the influence of drugs or alcohol. Due to the sheer number of annual drunk driving accidents as well as the recent legalization of recreational marijuana, law enforcement officials are increasingly on the lookout for signs of inebriated driving. While most people that a DUI charge will automatically result in a conviction, the truth of the matter is that a skilled defense attorney can be invaluable in helping you avoid a conviction. If you are facing DUI charges, it is time to speak with a criminal defense attorney you can believe in.

Improper Traffic Stops

In order to be pulled over for a DUI traffic stop, a law enforcement official must spot an initial traffic violation. If a police officer pulls you over while you were in full compliance with traffic ordinances, the evidence gained after the stop may be deemed inadmissible in court. A skilled attorney will investigate the traffic stop through witness testimony and surveillance footage to deem if the actions of the officer match up with the events leading up to the stop.

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 Posted on August 17, 2020 in Criminal Defense

In the state of Illinois, thousands of people are arrested for drug-related crimes statewide each and every year. While the high arrest totals may suggest minimal criminal ramifications, the reality is that a drug charge can impact your employment status, lead to significant fines, and possibly result in jail time. Despite the fact that recreational marijuana is now legal in Illinois, a person can still face legal consequences for violating the rules outlined in the Cannabis Regulation and Tax Act. Below we will examine various drug charges in Illinois, and the importance of hiring a defense attorney you can believe in when facing charges of this magnitude.

Marijuana Charges in Illinois

As mentioned above, a person can still face marijuana-related charges in the state of Illinois. While it is legal for Illinois residents to possess up to 30 grams of marijuana (non-residents can possess up to 15 grams) possessing more than 30 grams is still considered a serious offense. According to Illinois state law, if you are apprehended while possessing between 30 and 100 grams of marijuana, you will face misdemeanor charges, fines up to $2,500 and up to one year in prison. It should be noted that a repeat offender will face increasingly severe consequences. Unlicensed sale of more than 10 grams of cannabis is considered a felony in the state of Illinois. If convicted, a person charged with unlicensed selling of marijuana will face one to three years in prison and fines up to $25,000.

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 Posted on July 28, 2020 in Juvenile

Every single year, hundreds of teens throughout the state of Illinois are arrested and charged with consuming alcohol as a minor. Due to the inherent risks that teenage alcohol consumption can have, such as alcohol poisoning and binge drinking, the potential legal consequences of a minor in possession charge can be extreme. Below we will examine some of the legal ramifications of teenage drinking, and how you should respond if your child has been charged with an underage drinking-related criminal offense.

The True Cost of Underage Drinking

When the vast majority of people think of underage drinking charges, they assume that the charges will likely lead to a slap on the wrist, the reality is that underage drinking charges can potentially jeopardize your child’s future. According to Illinois state law, possession, consumption, or purchase of alcohol by a minor (anyone below the legal drinking age of 21) constitutes a Class A misdemeanor charge, fines up to $2,500, and potentially significant jail-time. It is worth noting that a charge involving fraudulent identification or the act of impersonating another person in order to purchase or consume alcohol can result in felony charges. Whether your child has been charged with a felony or misdemeanor, a criminal conviction of this magnitude can impact their educational and occupational opportunities.

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 Posted on July 14, 2020 in DUI

In the state of Illinois, thousands of people are arrested and charged with driving under the influence of drugs or alcohol, each and every year. According to Illinois state law, a DUI conviction constitutes a Class A Misdemeanor charge. Unfortunately for those charged with driving under the influence, there are a number of factors that can lead to a DUI charge being elevated to a felony, these factors are known as aggravating factors. Below we will examine some of the reasons why you could be facing felony charges after driving under the influence of drugs or alcohol.

What Constitutes an Aggravated DUI

If a DUI charge is elevated from a misdemeanor to a felony, it is now categorized as an aggravated DUI. The most common reason for an aggravated DUI charge is that the defendant is facing their third or subsequent DUI charge. Other common aggravating factors include a DUI resulting in great bodily harm to another party, driving under the influence while your license is suspended or revoked due to previous DUI charges, and driving under the influence without a valid driver’s license. A new state law passed in January 2019 states that a driver can be charged with an aggravated DUI if they are apprehended while driving the wrong direction down a one-way street, while intoxicated.

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