1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Recent Blog Posts

How a Violation Could Impact Your Commercial Driver’s License

 Posted on March 29, 2019 in Traffic Violations

Naperville CDL lawyer

Here in the United States, commercial truckers are an integral part of our economy. Commercial trucking continues to be the No. 1 form of shipping. According to the American Trucking Association, there are an estimated 3.5 million truckers with a commercial driver’s license (CDL) nationwide. With so many truckers on the road, truck accidents are common.

Due to the severity of many commercial trucking collisions, law enforcement is always on the lookout for commercial drivers in violation of state or federal laws. If you are cited for a CDL violation, it is critical to seek experienced legal guidance right away. 

Common CDL Violations 

According to statistics compiled by the Federal Motor Carrier Safety Association (FMCSA), 4,213 commercial trucks were involved in fatal accidents in 2016. Many of these accidents occur when truck drivers are negligent or in violation of regulatory standards. 

Continue Reading ››

What are the Penalties for a DUI Arrest in Illinois?

 Posted on March 14, 2019 in DUI

Aurora DUI lawyer

According to the Illinois Secretary of State’s Office, Illinois police arrested 27,046 people on DUI charges throughout 2017. Law enforcement is always looking for signs of inebriated driving, from driving at erratic speeds to swerving from lane to lane. The consequences of a DUI conviction can be life-changing, with possible incarceration, substantial fines, and difficulty securing employment or housing. 

If you have been charged with DUI, it is important to speak with a knowledgeable legal team as soon as possible. 

Consequences of a DUI Conviction 

In Illinois, DUI convictions come with severe legal ramifications. Even a first-time DUI offender can be harshly punished for a conviction. A first-time DUI conviction is typically charged as a Class A misdemeanor, which carries up to one year in jail and potential fines up to $2,500. 

Continue Reading ››

What to Do if You are Pulled Over by Police in Illinois

 Posted on February 22, 2019 in Traffic Violations

Aurora Defense Attorney

All humans have a physiological reaction to things that frighten them. It is called the fight or flight response. When someone comes across something that scares them or stresses them out, their body prepares to either fight the threat or flee from it. When you hear police sirens and you see flashing blue and red lights behind you, fleeing is the worst possible thing you can do. Stopping for police officers is crucial, but what you do during the traffic stop is just as important. Here are a few important tips for how you should act when you are pulled over by a police officer:

Find a Safe Spot to Pull Over 

Once you see a police officer is trying to pull you over, immediately look for a safe place to pull off the roadway. You should try to pull over on the right side of the road. If there is no safe spot to pull over immediately, turn on your hazard lights so the officer knows you recognize their presence.

Continue Reading ››

Multiple DUI Charges Bring Serious Potential Penalties

 Posted on February 08, 2019 in DUI

Naperville Multiple DUI Lawyer

All DUI charges are extremely serious and carry severe consequences, but the more DUI convictions you have, the worse it will be. Escalating punishments are a way of trying to prevent people from becoming repeat DUI offenders. Eventually, charges go from misdemeanor to felony. Illinois judges do not show much leniency toward repeat DUI offenders and commonly punish to the full extent of the law. 

A Recent Multiple DUI Case

A 38-year-old Plano, Ill. woman was recently indicted on felony charges for a DUI after she crashed her vehicle last October. If convicted, this would be the woman’s fifth DUI conviction. She was arrested and charged with a DUI, along with being ticketed for driving too fast for conditions, and failure to reduce speed after she crashed her car. Police say the woman was slurring her speech, smelled of alcohol, and had unsteady balance, although she refused to submit to field sobriety testing.

Continue Reading ››

4 Ways You Can Lose Your Driver’s License in Illinois

 Posted on January 29, 2019 in License Reinstatement

Naperville DUI LawyerThe United States Constitution guarantees many rights for American citizens, such as the right to free speech, to protest, and to bear arms. Though many people think driving is a right, it is not. It is a privilege. There is nothing that guarantees your right to drive a vehicle. 

In Illinois, there are multiple ways you can lose your license, some that have nothing to do with moving violations. Before a driver’s license suspension, the Illinois Secretary of State will send you a written notice in the mail. 

Here are a few ways you can lose your driving privileges in Illinois:

Driving While Intoxicated

The most common way Illinois residents lose their driving privileges is through a DUI arrest. As a first-time offender in Illinois, if you fail a chemical test or fail to complete a test, you will have your driving privileges suspended for six months by the Illinois Secretary of State’s Office. If you refuse to take a chemical test, your license will be suspended for 12 months. These are penalties for statutory summary suspensions, but being convicted of DUI can carry increased penalties.

Continue Reading ››

Standardized Field Sobriety Tests in Illinois

 Posted on January 15, 2019 in DUI

Naperville Defense Lawyer

Popular television shows like “Cops” have long shown amusing videos of DUI suspects attempting to recite the alphabet or walk in a straight line. While these TV shows have tried to entertain us with failed attempts to complete field sobriety tests during DUI traffic stops, neither DUIs or field sobriety tests are laughing matters. These tests are administered to DUI suspects as evidence to support an arrest and they can also be used as evidence in the court of law when a person is being tried for a DUI. 

Standardized vs. Non-Standardized Tests

When it comes to field sobriety tests, there are two types: standardized and non-standardized. Most police forces use a combination of both types of tests, though standardized tests are the most widely accepted. Standardized tests are also usually the only tests that hold up as evidence against a DUI suspect in court. In the 1970s, the three standardized field sobriety tests were developed. Over the years, these tests have been studied, and it has been determined that standardized field sobriety tests can detect if a person is too impaired to drive around 90 percent of the time.

Continue Reading ››

Underage DUI and Consequences in Illinois

 Posted on December 19, 2018 in Juvenile

Naperville DUi Lawyer

As a parent, you have dreaded this day since the first time you handed your teenager the car keys and they took off without you. Getting a call that your teen is in trouble is always unsettling, no matter the situation. When that call is to inform you that your teen has been pulled over for drinking and driving, it can be devastating for both of you. 

Even though parents frequently stress the dangers of underage drinking and driving to their children, kids do not always listen, and parents are left to deal with the repercussions. Underage DUI can severely impact your child’s driving and criminal records. That could mean not getting into the college of their choice or other serious complications.

DUI Consequences in Illinois

Even though your teen is technically not an adult yet, they can be charged with an “adult” DUI if their blood-alcohol content is over .08. A first DUI conviction means license suspension for at least two years, vehicle registration suspension, and fines of up to $2,500. Your teen will not be eligible for a restricted driving permit (RDP) until the second year of the license revocation. Offenders under the age of 18 are not eligible for a monitoring device driving permit (MDDP) and may be required to attend remedial education before their driving privileges are reinstated.

Continue Reading ››

Driving Permits After an Illinois DUI

 Posted on December 06, 2018 in Uncategorized

Naperville DUI Lawyer

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed. 

Continue Reading ››

The Hidden Costs of DUI Convictions

 Posted on November 20, 2018 in DUI

Naperville DUI Attorney

Everyone knows a DUI conviction can get you into big legal trouble. In Illinois, a first-time conviction for DUI is classified as a Class A misdemeanor, and you could face up to a year in jail, a one-year revocation of your driving privileges, and suspension of your vehicle registration. If you were under the age of 21 at the time of the DUI, your driving privileges could be revoked for two years. If your blood-alcohol content was recorded at .16 or more, you face a mandatory minimum fine of $500 and 100 hours of community service. 

A DUI conviction also comes with other expenses that can affect many areas of your life:

Insurance

After a DUI conviction, insurance companies consider you a high-risk driver, and you must get high-risk car insurance for at least three years. At around $2,000 a year, that is $6,000.

Income Loss

If you are charged with DUI, chances are you will miss some work. The State of Illinois estimates you will lose about four weeks worth of pay due to community service or jail time, evaluations, and other requirements. Someone who makes $55,000 a year could lose $4,230.

Continue Reading ››

Ignition Interlock Devices for Driving After a DUI Conviction

 Posted on November 06, 2018 in DUI

Will County DUI Lawyer

Being able to drive legally is a privilege, not a right. When you are arrested for a DUI in Illinois, the Secretary of State’s Office automatically puts a statutory summary suspension into effect if you fail a blood alcohol content (BAC) test, or if you refuse to submit to a test. This suspension is separate from any criminal charges you might face, or suspension/revocation that may come with those charges. 

Driving is crucial for most Americans, so the loss of driving privileges can greatly impact your life. It can mean a tougher time getting to work or transporting your children to school or their activities. Fortunately, Illinois has options for those who have had their driver’s license suspended or revoked because of a DUI charge. All of them require the use of a breath alcohol ignition interlock device (BAIID).

Continue Reading ››

Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

1555 Bond Street, Suite 103A, Naperville, IL 60563

Back to Top