Oak Brook criminal lawyers

Call Us630-953-4400

Available 24/7

Subscribe to this list via RSS Blog posts tagged in DuPage County criminal defense lawyer

Reckless Driving Is More Serious Than Typical Traffic ViolationsWhen people think of traffic violations, they usually think of petty fines or points against their license. The reality of the situation is that not all violations are created equal. In the state of Illinois, a reckless driving charge constitutes a Class A misdemeanor. According to Illinois state law, reckless driving is defined as the act of operating a motor vehicle in a dangerous manner that demonstrates a lack of consideration for the safety of others. If you have been charged with reckless driving, you need to speak with an experienced defense lawyer. 

The Ramifications of Reckless Driving 

A police officer has the legal authority to arrest a driver and take them into custody if there is probable cause that the driver has committed reckless driving. After the arrest, the driver will then have to post bail or go to jail. The driver will have to appear in court and could be sentenced to up to 364 days in prison and be forced to pay fines as high as $2,500. Outside of the fines, the driver may have to pay for the towing service after the arrest, various court costs, and significant rises in insurance rates. A misdemeanor offense can have serious implications on a person’s ability to secure employment, loans, or housing opportunities. It should be noted that much like a DUI charge, a reckless driving charge cannot be expunged or removed from a person’s criminal record. 

In many cases, a judge will choose to put the offender on probation rather than sentencing them to jail. In these instances, the offender will likely be forced to take part in traffic safety courses and possibly community service. While a misdemeanor offense should be taken incredibly seriously, it is also important to understand that some reckless driving charges can be elevated from a misdemeanor to a felony. Most notably, if the defendant’s reckless driving resulted in great bodily harm to another party, they will face felony charges.  

...

Should I Refuse Chemical Testing During a DUI Stop? In the state of Illinois, over 26,000 DUI arrests were made throughout 2018 alone. A conviction for driving under the influence of alcohol or drugs can come with serious legal ramifications, including a Class A misdemeanor charge on your criminal record, significant fines, and temporary loss of driving privileges. Once a driver submits to and fails chemical testing (a driver with a blood alcohol content over 0.08 percent will be deemed intoxicated), it can be incredibly difficult to fight against the charges. So is it wise to refuse chemical testing altogether? Below we will discuss the consequences of refusing chemical testing during the DUI arrest process

The Benefits of Refusing to Test 

The first thing to understand about refusing chemical testing is that it is not a criminal offense. While all licensed drivers in the state of Illinois agree to submit to chemical testing when they are awarded their license, you will not face a criminal charge for refusal. Refusal to submit to chemical testing, which is most commonly administered through a breath test, is an administrative offense that will result in a one-year driver’s license suspension for a first-time offender. While you will temporarily lose your driving privileges and likely be arrested for driving under the influence, you will significantly decrease the likelihood of a conviction. 

After refusing chemical testing, the officer will likely ask you to take part in field sobriety tests. It is important to note that you also have the right to refuse field sobriety testing. Without the evidence of a field sobriety or chemical test, a conviction will only be possible with strong testimony from the officer, surveillance footage, or witness testimony. A failed chemical test, on the other hand, will almost always result in a conviction barring police oversight or negligence. If you choose to refuse to submit to chemical testing, it is important for you to act in a responsible and polite manner. Your actions during the arrest process will become the most significant form of evidence for the prosecution. 

...

Keeping Your Cool Helps During DUI StopEvery year, thousands of Illinoisans are arrested and charged with driving under the influence of drugs or alcohol. A DUI conviction can come with serious legal ramifications including a misdemeanor charge on your criminal record and a one-year license revocation period. Recognizing the legal consequences of a DUI, many people panic when they are stopped by a police officer who suspects drunk or drugged driving. The reality of the situation is that your ability to remain calm and composed can make all the difference in avoiding a conviction. If you have been charged with driving under the influence, it is time to speak with a knowledgeable defense attorney. 

Remaining Calm and Composed During a DUI Traffic Stop 

When you see police car lights behind your vehicle, it is entirely common to panic and experience anxiety. The first step you should take in this situation is to take a deep breath and find a safe area to pull over. If you pull over on a bridge or at an unsafe area of the road, the officer may immediately question your judgment. After pulling over safely, it is critically important to gather yourself and your composure. 

Many people make the mistake of answering too many questions during a traffic stop. There is a fine line between being cooperative and incriminating yourself. You have no legal obligation to answer any question from a police officer. You simply must provide them with your license and registration. Exercising your legal rights is not a form of disobedience. 

...

DuPage County traffic violation attorney suspended license

In the state of Illinois, a variety of traffic violations can result in a license suspension or revocation. While the severity of the suspension or revocation will depend on the type of offense, losing driving privileges is not as uncommon as many would assume. Most people have an understanding of the fact that major traffic violations such as driving under the influence of alcohol or reckless driving can result in a license suspension, yet few understand that minor offenses can lead to a suspension. If a driver receives three minor traffic citations for a moving violation in a span of a year, he or she could face a suspension. All that being said, it is essential to understand the legal ramifications of driving with a suspended or revoked license

Understanding the Legal Consequences 

Operating a vehicle with a suspended or revoked license is not a minor traffic violation – it is a criminal offense. A first-time offender is likely to face a Class A misdemeanor charge, which could lead to up to one year in prison and fines as high as $2,500. It should be noted that if a driver has lost their driving privileges due to a serious violation (such as a DUI), the charge may be elevated to a felony charge. If a driver is apprehended while driving on a suspended or revoked license for a second time, they will face Class 4 felony charges, which can result in up to one year of jail time and fines up to $25,000. 

...
DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
Back to Top