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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. 

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How an Underage Drinking Charge Can Impact Your Child Every year, hundreds of thousands of American teens take part in illegal underage drinking. Outside of the obvious health concerns of underage drinking, it is important for parents to understand the ways in which an underage drinking arrest can potentially impact your child’s future. Depending on the severity of the charge, an alcohol-related arrest can lead to serious fines, impact your child’s advanced education opportunities, and even potentially lead to jail time. If your child is charged with an alcohol-related crime, it is time to speak with a knowledgeable and experienced legal professional. 

Underage Drinking Charges in Illinois

Recognizing the way in which the activity can impact a child’s health, underage drinking is punished harshly in the state of Illinois. If a minor is found in possession of alcohol, they will face a driver’s license suspension of at least three months. If a minor is apprehended while transporting alcohol in a motor vehicle, they can face fines as high as $1,000 (this fine also applies to other minors in the vehicle, not just the driver). The driver of the vehicle will face a mandatory one-year license revocation period. While the consequences of drinking alcohol as a minor are significant, the legal ramifications of providing a minor with alcohol are much more severe. If you are charged with providing alcohol to a minor, you could face fines as high as $2,500 and a misdemeanor charge. It should be noted that there are a number of factors that can elevate the misdemeanor charge to a felony.

Drinking and Driving Underage

In the state of Illinois, law enforcement officials are constantly on the lookout for inebriated drivers. The “zero tolerance” law states that minors are prohibited from operating motor vehicles with a blood alcohol content over 0.0. The first offense for violating the zero-tolerance policy comes with a three-month license suspension. If the minor refuses to use a breathalyzer test, the suspension will be increased to a six-month suspension. If the driver is over the age of 18, they can regain their driving privileges after serving 30 days of the suspension and obtaining a Breath Alcohol Ignition Interlock Device (BAIID). If the driver is caught operating a vehicle without a BAIID, they will face Class 4 felony charges. If a minor’s blood alcohol content is over the legal limit of 0.08, they will face a two-year license revocation period and up to one year in prison. 

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The Impact of Violating Illinois’ Weapons LawsViolent crimes occur daily throughout Illinois. Because of this, law enforcement officials are constantly on the lookout for those carrying weapons without proper permits, and the state laws regarding illegal weapon possession can come with very significant legal ramifications. As far as regulations and consequences of violating said regulations, Illinois is known to have one of the strictest gun policies in the U.S. If you have been caught carrying a weapon illegally, it is time to speak with a skilled attorney. 

How to Legally Carry a Gun in Illinois

According to Illinois state law, it is legal to carry certain types of guns as long as you have a state-issued Firearm Owner’s Identification Card (FOID). In order to qualify for a card, one must:

  • Not have a prior felony charge on their permanent record
  • Be a U.S. citizen
  • Have no history of domestic violence or narcotics abuse

While Illinois was one of the last states to allow concealed carry of handguns, it is now possible to get a concealed carry permit. In order to get a permit, one must go through 16 hours of firearms training. It should also be noted that open carry of any firearm and possession of automatic weapons is illegal in the state. 

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Examining Reckless Driving in Illinois and New Enforcement Efforts When a person makes the decision to become a licensed driver, they are agreeing to follow all traffic rules and regulations in their state. Despite this fact, many drivers decide to disregard these rules. In doing so, their actions usually put other travelers in danger. Legally speaking, the act of knowingly disregarding the safety of other travelers is called reckless driving. It is important to understand the ways in which a reckless driving charge can impact your driving record and the potential ramifications of a charge. If you have been charged with reckless driving, it is time to seek out the help of a knowledgeable legal professional. 

Reckless Driving in Illinois

In Illinois, reckless driving charges constitute a Class A misdemeanor, can lead to up to one year in jail, and come with fines as high as $2,500. A reckless driving charge can come from a number of offenses, including:

  • Driving at dangerous speeds
  • Recklessly weaving through traffic
  • Tailgating other vehicles
  • Racing

It should be noted that an aggravated reckless driving charge will be increased in severity to a felony charge and can lead to up to three years in prison. 

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How Legalized Marijuana Affects Your Driving Rights in IllinoisHere in the state of Illinois, marijuana will soon be both recreationally and medicinally legal. In other words, people can legally use marijuana products due to the presence of health issues or simply due to their desire for recreational use. While the legality of marijuana has prompted the Illinois State Police to establish a task force designed to look out for signs of marijuana-influenced driving, the legality of marijuana should not change the way DUI stops are handled by police officers. If you are charged with either a drug or DUI charge, it is time to seek out the help of a legal professional. 

Marijuana and DUIs

In Illinois, it is illegal to drive while under the influence of marijuana, whether it is medicinal or recreational marijuana. If you choose to utilize marijuana for medicinal purposes, you will enroll in the Compassionate Use of Medical Cannabis Program. Once you have been enrolled in the program, the department of health will give you a registry card and make a mark on your driving record that you are legally allowed to carry medicinal marijuana. 

Whether you are a medicinal or recreational user of marijuana, you must comply with Illinois state law. Most notably, you are only allowed to transfer marijuana in an odorless and childproof case. If an officer has reason to believe that you may be under the influence of marijuana, they will ask you to submit to either chemical testing or some form of field sobriety test. It is important to understand that it is not illegal for you to refuse to take part in these tests. While refusing after you are arrested will result in a license suspension of 12 months, refusal is an administrative offense, not a criminal charge, and thus will not show up on your criminal record. 

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Posted on in DUI Defense

How to React to a DUI Traffic Stop It is never an enjoyable experience to look in your rearview mirror and see the flashing lights of a law enforcement officer behind your vehicle. The experience is markedly less enjoyable if you are under the influence of drugs or alcohol. Still, when it comes to DUI cases, your actions during the traffic stop can make all the difference in whether you are ultimately convicted or not. With that in mind, it is important to understand how to react to a DUI traffic stop. 

Safety First

When you see police lights behind your vehicle, you are instructed to pull over to the right shoulder of the lane as soon as possible. Unfortunately, things are not always that simple. It is important to avoid pulling your vehicle over on bridges, sharp turns in the roadway, up against guard rails with limited shoulder space, or in any location where it may be possible to be struck by passing traffic. As the officer approaches the vehicle, remain calm and keep your hands on the wheel. Any sudden movement (such as exiting the vehicle) could be viewed as an act of aggression. Willingness to adhere to the safety principles of a traffic stop will not only decrease any chance of injury but also showcase your ability to cognitively react to the situation, potentially helping your case. 

Understand Your Rights

Once the law enforcement officer begins speaking with you, it is important to maintain a balance between cooperation and exercising your rights. If the acting officer believes there is probable cause that you may be intoxicated, they are mandated to request chemical testing. The officer will likely tell you that refusing to take part in the test will result in a loss of driving privileges, but refusal may, in fact, be your best option. A DUI conviction is at the bare minimum a Class A misdemeanor and will result in significant fines. While refusing to take part in chemical testing will result in a license revocation of one year, it is not a criminal offense and thus will not show up on your permanent record. Recognizing your rights in a DUI traffic stop can be paramount to avoiding a criminal conviction. 

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Posted on in DUI Defense

Exploring Common DUI Defenses If you are charged with driving under the influence, it is important to understand the legal ramifications of a conviction. In Illinois, over 26,000 DUI arrests were made throughout 2018, and the consequences of a DUI can be significant. A first conviction constitutes a Class A misdemeanor, which includes a one-year license revocation period. It should be noted that there are a number of aggravating factors that can result in an increase in the severity of the charges. Fortunately, there are several ways in which a skilled attorney can fight against a DUI charge

Common DUI Defenses

After you have been arrested on DUI charges, it is important to act quickly. The most important step you can take is hiring an attorney with experience in handling DUI cases. Once your attorney is hired, the two of you should review the events that lead up to the arrest process. One of the strongest defenses an attorney can use is an improper stop defense, which essentially argues that the officer lacked reasonable suspicion to warrant a traffic stop. For instance, if an officer pulled you over simply due to the fact that it was late at night, an improper stop defense would likely be utilized. 

In other instances, an attorney will pursue a defense based on a field sobriety test or Breathalyzer test. A field sobriety test could indicate that a sober person is intoxicated if the person has medical conditions related to their balance or motor skills. A horizontal gaze nystagmus test, which looks at the eyes for signs of inebriation, could be inaccurate if the person has a medical condition related to eye function or appearance. In cases in which a breath test is used, it is possible that the Breathalyzer could have malfunctioned, leading to an inaccurate test. 

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Fighting Against an Aggravated DUI Charge Here in the state of Illinois, a DUI conviction can come with serious legal ramifications. Not only will the convicted party face a Class A misdemeanor charge, but they will also lose their driving privileges, face significant fines, and even potentially spend time in jail. Due to the fact that some crimes are blatantly worse than others, not all DUI charges are equal. There are a number of offenses that can elevate a DUI to an aggravated DUI, leading to even more potential punishment. Below we will discuss how to respond to an aggravated DUI charge

What Is an Aggravated DUI?

An aggravated DUI can simply be defined as a DUI with specific aggravating acts. For instance, if a person is charged with their third DUI, the charge will be elevated to an aggravated DUI. If the driver is apprehended while driving without a license or driving with a minor under the age of 15, the charge will be elevated. The most common aggravating factor is having a blood alcohol concentration over .16%. 

It is important to understand that an aggravated DUI can come with life-changing legal consequences. Even the most minor forms of aggravated DUIs constitute a Class 4 felony charge. If convicted, the driver could face as many as three years in prison. It should be noted that some aggravating factors, such as a DUI in which someone was injured, can lead to more severe punishments. 

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New Marijuana Law Will Have Little Impact on DUI Procedure With the national perception of recreational marijuana changing gradually throughout the United States, perhaps few were surprised when the Illinois General Assembly passed a marijuana bill last May, essentially legalizing marijuana for recreational users age 21 and older. With Illinois Governor J.B. Pritzker signing the bill into law, the Cannabis Regulation and Tax Act will go into effect starting Jan. 1. While the new law is expected to bring in significant tax revenue and result in potential pardons for those previously charged with marijuana possession, it should have little effect on the way in which law enforcement officials view driving under the influence of marijuana. 

Driving After Marijuana Use

The Cannabis Regulation and Tax Act will drastically alter the landscape of recreational marijuana use statewide. Users will now be allowed to possess up to 30 grams of marijuana legally, and nearly 300 recreational marijuana stores could be established throughout the state by 2022. All that said, the law will not drastically change the way in which driving under the influence of marijuana is treated in Illinois. 

With a law already in place to stop people from driving after marijuana use, police will be on the lookout for impaired drivers. Drivers with THC blood concentration of five nanograms or more per milliliter will be found guilty of driving under the influence and face a Class A misdemeanor charge. The new law will likely lead to more roadside surveillance with Illinois State Police developing a task force to find the most accurate ways to roadside test for marijuana use. At this moment, the standard roadside procedures include:

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Posted on in Underage DUI

Underage DUI Has Severe RamificationsBeing arrested for driving under the influence of drugs or alcohol can be incredibly frightening. It does not take a legal professional to understand that a DUI conviction can come with significant legal consequences. The legal ramifications of a DUI conviction can be increasingly severe for drivers under the age of 21. If your child is arrested for driving while intoxicated, you need to act. Below, we will discuss some of the punishments of an underage DUI and how a quality legal team can help in the aftermath of an arrest. 

The Zero Tolerance Law

In Illinois, drivers under the age of 21 must abide by the Zero Tolerance Law. In short, the law states that a minor can face legal consequences for driving with any alcohol in their system, even if their blood alcohol content is below the legal limit of 0.08. In 2017, just under 400 drivers lost their driving privileges due to violating the state’s Zero Tolerance Law. A first violation of the law will result in an automatic six-month license suspension. 

The Legal Consequences of an Underage DUI

While violation of the Zero Tolerance Law will lead to loss of driving privileges, the consequences of a DUI conviction can be much more severe. Just like drivers of any age, a driver under the age of 21 will face a Class A misdemeanor charge, loss of driving privileges, and significant fines for having a blood alcohol concentration over the legal limit. Additionally, a driver under the age of 21 will face a two-year license revocation period for their first offense, twice the revocation period for a driver of legal drinking age. 

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The Penalties for Violating Driving Restrictions After DUIMillions of Americans lose their driving privileges every year. A driver can lose their driving privileges for a number of reasons, but the most common cause is a DUI conviction. While a DUI conviction will likely lead to a license suspension, it does not mean that the person will necessarily be unable to drive. There are a number of ways in which a person can regain their driving privileges after a DUI conviction, including a Monitoring Device Driving Permit (MDDP) and a Restricted Driving Permit (RDP). While both MDDPs and RDPs can represent great options for DUI offenders to regain their ability to drive, it is important to understand the legal consequences of breaking the rules and regulations of both permits. Below we will discuss the legal ramifications of illegally driving with a suspended license

The Legal Ramifications

First and foremost, if a driver with a suspended license does not take the necessary steps to gain a permit such as those mentioned above, they are not permitted to drive in any scenario. If they are apprehended while driving, they will likely be charged with a Class A misdemeanor and face fines as high as $2,500. While those consequences seem severe, the legal consequences of breaking the rules of an MDDP or RDP come with significant and potentially life-changing ramifications.

An MDDP will allow a driver to drive freely as long as their vehicle is equipped with a Breath Alcohol Ignition Interlock Device (BAIID). That being said, if the driver is apprehended while driving a vehicle without a BAIID, they will face a Class 4 felony charge. A driver with two or more intoxicated driving offenses can apply for an RDP, which essentially allows a driver to drive to and from critical locations such as work, the grocery store, and their child’s school. Breaking the well-documented rules of the RDP will lead to loss of the permit and potential jail-time. For more information on suspensions, reinstatement, and your permit options, speak with a knowledgeable attorney today. 

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Posted on in DUI Defense

The Consequences of a Second DUI ChargeGetting pulled over and accused of driving under the influence of alcohol is a uniquely stressful experience. This is especially true when the driver has previously been convicted of a DUI. While all DUI charges should be taken seriously, a second DUI conviction can come with incredibly severe legal ramifications. A driver will face not only a significant increase in fines, but they will also face more difficulty regaining their driving privileges and a higher likelihood of time in prison. In order to give yourself the greatest chance to fight a DUI charge, it is important to act quickly. Most importantly, you need to hire a DUI defense attorney that will aggressively represent your best interest. 

Understanding the Legal Consequences

In order to approach your DUI case with the urgency it rightfully warrants, you need to gain an understanding of the consequences of a second DUI conviction. In Illinois, a second DUI conviction will constitute a Class A misdemeanor and come with fines of up to $2,500. While on the surface the criminal charges are the same as a first offense, the offender will face increased difficulty avoiding the full force of the law. For instance, both a first-time and second DUI conviction can result in up to one year in prison, but a judge is much more likely to sentence you to significant prison time for a second offense. 

Where the real difference comes between a first offense and a second charge is in the offender’s ability to regain their driving privileges. While a first time DUI offense leads to a six-month license suspension, a second offense can lead to a license suspension of five years. It should also be noted that there is no lookback period in Illinois, meaning a DUI will remain on your permanent record no matter when you were charged. So if you are ultimately convicted, your next charge would result in felony charges and potentially years behind bars. 

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Reacting to a Domestic Battery Accusation Every year, thousands of Americans are accused of some form of domestic violence. While domestic violence is a massive issue nationwide, unfortunately, some of these accusations are entirely fabricated. Whether a spouse is looking to secure finances, seize custodial privileges, or simply see their spouse in a world of legal trouble, a domestic battery accusation is not something to be taken lightly. Below, we will examine some of the legal ramifications of a domestic battery charge and how you should react if you have been accused. 

The Legal Consequences

Finding out that you have been accused of domestic battery can be emotionally difficult to comprehend, but it is important to act quickly. Due to the state of Illinois’ “zero-tolerance policy,” police are likely to show up to your residence and arrest you, regardless of whether or not significant evidence of battery has been secured. While there are many different crimes that can constitute a battery charge, ranging from stalking to physical violence, one thing remains consistent: an accusation can quickly lead to jail-time. 

According to Illinois state law, a domestic battery charge constitutes a Class A misdemeanor. If convicted, the accused can face up to one year in prison as well as significant fines. It should be noted that there are a number of factors that can lead to the charges being elevated to a felony, the most common factor being a prior conviction of domestic violence. If convicted of a felony battery charge, one can face:

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How an Aggravated Speeding Charge Can Impact YouDriving at speeds over the legal speed limit is a dangerous mistake. Not only does speeding increase the likelihood of a dangerous motor vehicle collision, but it is also viewed as a serious traffic violation. While minor speeding violations will simply result in points against your license, driving at speeds 26 mph or more over the speed limit can result in an aggravated speeding charge. If you have been charged with aggravated speeding, it is critically important to speak with a skilled legal professional as soon as possible.  

The Legal Ramifications of Aggravated Speeding

In the state of Illinois, an aggravated speeding conviction constitutes a Class B misdemeanor. If the driver is apprehended while traveling at speeds that exceed 35 mph over the speed limit, the charge will be elevated to reckless driving, which is a Class A misdemeanor. Regardless of the class of misdemeanor, the potential criminal punishment for a conviction can be significant. A person charged with aggravated speeding can face up to six months in prison, fines as high as $1,500 and additional court charges. If the charge is elevated to a Class A misdemeanor, the driver could face up to one year in prison. 

If the driver is ultimately charged, the violation will strike 50 points against their license. Three moving traffic violation convictions in 12 months will result in a driver’s license suspension, and the points determine how long the suspension will last. Drivers who are younger than 21 can have only two moving violations in 12 months. Additionally, the driver may be forced to take part in community service activities and possibly traffic school. 

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Posted on in DUI Defense

Reacting to a DUI Traffic StopEvery year, more than 20,000 people in Illinois are arrested for driving under the influence of alcohol. In a significant percentage of those cases, the party arrested is ultimately convicted of driving under the influence. While many people assume that a conviction is inevitable after they have been pulled over on suspicion of drinking and driving, that is factually incorrect. In reality, your actions while and after being pulled over can dramatically impact the likelihood of a conviction. Below we will examine how you should react to a DUI traffic stop. 

Steps You Should Take During a Traffic Stop

Seeing red and blue lights behind your vehicle is no enjoyable experience, but your ability to have some emotional fortitude can be the ultimate difference between potential jail-time and no criminal charges at all. Here are a few steps you should take during the arrest process. 

  1. Pull Over Safely: The worst thing you can do as you are getting pulled over is to make the situation worse by pulling over in an unsafe manner. Pulling over at high speeds can cause you to lose control of your vehicle and potentially lead to an accident. Pulling over on a blind turn or on a bridge can make it more difficult for other vehicles to avoid you and the officer. If you pull over in an unsafe manner, not only are you putting yourself in danger, but you are likely prompting more suspicion from the officer. 
  2. Do Not Panic: Remaining calm is one of the most important things you can do during a traffic stop. Panicking will likely lead to perspiration or tremors, which can lead to suspicions of illegal activity from the officer. Most importantly, though, panic can lead to erratic or aggressive behavior, limiting your ability to fight against a charge in court. Keep your emotions in check and let your attorney do the rest. 
  3. Understand Your Rights: If an officer asks for you to take a breath test, you have the right to decline. If an officer tells you that you would be breaking the law by not taking the test, they are either deceiving you or unaware of the laws in Illinois. While declining a breath test will result in loss of driving privileges for one year, it is not a criminal offense. Understanding your rights can be the most important step you take during a DUI traffic stop. 
  4. Try to Remember the Events: If you are in fact arrested by an officer, it is important to be able to analyze the arrest process with your attorney. If the officer forced you to give a breath sample, was verbally or physically abusive, or failed to read you your Miranda rights prior to questioning in police custody, your attorney will have a strong defense case in court. 

Contact an Oak Brook DUI Defense Attorney

At McMahon Law Offices, we understand just how traumatic a DUI stop can be. Whether you have been mistreated or charged with a DUI, it is time to seek out quality legal assistance. Our attorneys are dedicated to building a quality defense case for all of our clients, in the hopes of avoiding a conviction. If a conviction is ultimately unavoidable, we will do everything in our power to lessen the charges and help you regain your driving privileges as soon as possible. To schedule a complimentary initial consultation with a skilled DuPage County criminal defense attorney, call us today at 630-953-4400. 

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Understanding and Reacting to a Drugged Driving Charge Thousands of people in Illinois are charged with driving under the influence of drugs or alcohol each year. Earlier this year, the Illinois General Assembly passed a bill that will legalize recreational marijuana in the state. In other words, consumers will be legally able to purchase recreational marijuana as of January 2020. With the passing of the new bill, there will be a specific DUI task force established to decide how roadside testing will take place in order to test drivers for levels of THC. Below, we will examine what steps you need to take in the aftermath of a drugged driving charge.

Examine the Arrest Process

After your arrest, the first and most important step you can take is hiring a skilled and experienced attorney. Your attorney will help you establish a defense strategy while examining the arrest process for possible missteps taken by the law enforcement officials involved. According to Illinois state law, a driver can be charged with a DUI if they are tested with a THC blood concentration of five nanograms or more per milliliter. That being said, if an officer forced you to take part in testing without telling you about your right to refuse, the evidence gained from the test may be thrown out in court. While you will temporarily lose your driving privileges for refusing to test for drugs or alcohol, refusal is not a criminal offense. An officer must read you your Miranda rights if you are taken into police custody and questioned. Failure to notify you of your rights can result in dropped charges. Your ability to work with your attorney throughout the arrest process examination can make or break your defense case.

Understanding the Consequences

In Illinois, DUI charges come with the same legal consequences regardless of the substance used. If you fail a THC chemical test you will lose your license for a period of six months. That being said, your attorney can assist you in regaining your driving privileges by obtaining a monitoring device driving permit (MDDP). A second offense can lead to a mandatory one-year license suspension. Loss of driving privileges can drastically impact a person’s ability to maintain employment and live a high quality of life. If you are facing DUI charges, it is incredibly important to contact an attorney as soon as possible.

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Seeking Expungement for Your Criminal Record in Illinois When a person has a serious criminal charge on their permanent record, their life can be impacted in a number of ways. Not only will the perpetrator face the initial legal ramifications of the charge (potential jail-time, fines, and a loss of their driver’s license), but also potential difficulty securing housing, employment, or loan opportunities. If a previous conviction is having a significant impact on your life, it is time to explore your options. With many criminal convictions, expungement or sealing may be an option. 

What Is Expungement?

Expungement is the process of having a criminal offense removed from one’s permanent record. The ability to hide a previous conviction from prospective employers can be life-changing. There are a few important things that all clients should understand about expungement:

  • Not all people are eligible for expungement.
  • While an expungement will destroy all official records related to the criminal offense, it will not have any impact on previous news clippings or other forms of media related to the initial crime. 

All that being said, expungement can be life-changing as you look to secure a job, get admitted into a school, or secure a loan.  

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Understanding How a Reckless Driving Charge Can Impact You In Illinois, reckless driving is considered one of the most serious traffic violations a driver can commit. Reckless driving is defined as the act of operating a motor vehicle in a manner that displays a disregard for human safety. If convicted, a reckless driving charge usually constitutes a Class A misdemeanor. According to Illinois state law, a Class A misdemeanor charge can lead to up to 364 days in prison and fines as high as $2,500. Below we will examine a few of the violations that can lead to a reckless driving charge and the ways in which reckless driving can impact you. 

What Constitutes Reckless Driving?

A driver can be charged with reckless driving due to a number of dangerous traffic violations. The most common form of reckless driving is traveling at reckless speeds. In order for a speeding violation to constitute a reckless driving charge, a driver has to be apprehended while traveling 25 miles per hour faster than the posted speed limit. Recklessly passing other vehicles can also lead to a reckless driving charge. If a law enforcement official sees a driver aggressively tailgating, illegally passing (passing vehicles on a bridge or in a no-passing zone), or weaving in and out of traffic, the officer is likely to charge the driver with reckless driving. Less common forms of reckless driving include racing other vehicles, attempting to flee law enforcement, and knowingly driving a vehicle with hazardous issues such as faulty brakes. 

The True Impact of Reckless Driving

As mentioned above, a reckless driving charge constitutes a Class A misdemeanor. The implications of a reckless driving charge can go much further than the initial criminal charge. For commercial vehicle drivers, a reckless driving charge can lead to a suspension or complete loss of employment. For any driver, a reckless driving charge can lead to significant increases in insurance rates. It should be noted that there are a number of factors that can lead to a reckless driving charge being elevated to a felony charge. A felony conviction can lead to difficulty in securing employment, housing, or loan opportunities. If you have been charged with reckless driving, seek out the assistance of a legal professional immediately. 

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The Implications of Driving with a Suspended LicenseIn the state of Illinois, there are a number of traffic violations that can result in a license suspension or revocation. A driver can lose their license due to failing to pay tickets or child support or failing to show up to a court date. Yet, the most common reason for a license suspension or revocation is a conviction for driving under the influence of alcohol or drugs. According to Illinois state law, a first-time DUI conviction constitutes a Class A Misdemeanor and a one-year license revocation period. If a person is caught driving with a suspended license, the legal ramifications can be significant. Below we will take a deeper look at the aforementioned consequences. 

The Legal Ramifications of a First Offense

Driving with a suspended or revoked license is always a risky proposition. In Illinois, a first-time offender will likely be charged with a Class A Misdemeanor, which can result in:

  • 10 days in prison or 30 days of community service; and
  • Fines as high as $2,500.

The license suspension or revocation will also be increased due to the transgression. For DUI offenders driving on a revoked license, their revocation period will likely be increased by a year. If you are charged with driving with a suspended or revoked license, speak with your attorney immediately. 

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The Importance of Hiring a Skilled Attorney in Your DUI Case Every year, hundreds of thousands of Americans are arrested and charged with driving under the influence of alcohol. Here in Illinois, upwards of 20,000 Illinoisans are apprehended each year for inebriated driving. If a person is convicted of a DUI, their life can be changed forever. From potential jail time to loss of driving privileges, the legal ramifications of a DUI conviction should not be taken lightly. Hiring an experienced DUI defense attorney can make all the difference in your case. 

How an Attorney Can Help

When you hire a quality DUI defense lawyer, you are making a conscious choice to fight against the charges you are facing. A skilled DUI defense attorney can lessen the severity of criminal charges or help you avoid a conviction altogether. Here are just a few reasons why hiring the right attorney is critically important in your DUI case: 

  1. Loss of Driving Privileges: If convicted of a DUI, you will lose your driving privileges in some capacity. According to Illinois state law, a first-time DUI conviction will result in a minimum license revocation period of one year. A second conviction constitutes a five-year revocation period. While a first-time offender can purchase a Breath Alcohol Ignition Interlock Device (BAIID) and gain probationary driving privileges, the process of doing so can be long and tedious. An experienced legal professional can fight for your right to drive.
  2. Time Spent in Jail: When some people think of a DUI case, they believe that it is best to accept the criminal charges and move on with their lives. This assertion could not be further from the truth. A DUI conviction can result in jail time, and subsequent convictions will almost certainly lead to some time in prison. A first-time DUI offender will likely not face jail time, barring aggravating circumstances (a minor was in the vehicle or someone was caused significant bodily harm). A second conviction can result in a minimum of five days in jail. As the convictions pile up, so too does the possible time spent in jail.
  3. Someone to Fight For You: After being charged with a DUI, it is common to feel helpless. The legal process can be isolating, and the law enforcement officials in your case can be intimidating. A quality legal professional will not be deterred from examining every aspect of your DUI case, in hopes of helping you avoid a conviction. Were you operating your vehicle in a negligent manner, prompting a traffic stop? Did the officer explain your Miranda rights during your arrest? Did the officer use intimidating language or physical force to coerce you into chemical testing? In your DUI case, someone should ask these questions. A knowledgeable DUI defense lawyer will.  

Contact an Oak Brook DUI Defense Lawyer 

At McMahon Law Offices, we fully understand the manner in which a DUI conviction can change a person’s life. Because of this, we are prepared to do everything in our power to help you avoid a conviction. To schedule a complimentary initial consultation with a skilled Arlington Heights DUI defense attorney, call us today at 630-953-4400. 

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