The first questions clients have when they get convicted of a DUI are how and when can I drive again. Well, the fastest way to get back behind the wheel of a car is to get a restricted drivers permit(RDP). If this is your first conviction, you can get a RDP as soon as you [...]
Read MoreThere are two categories of crimes in most jurisdictions, misdemeanors and felonies. Misdemeanors are crimes where jail is an allowable sentence, but the maximum sentence is 364 days in jail. Felonies are any crimes were the maximum sentence is greater than 1 year. While misdemeanors are serious and do carry consequences with them, a felony [...]
Read More Aggravated DUI, Blood Alcohol Concentration, court supervision, DUI, DUI conviction, felony, misdemeanor, Reckless DrivingThe Illinois General Assembly has created a statutory summary revocation of driving privileges Under 625 ILCS 5/1-197.6. This revocation is for a driver who refuses to submit to chemical tests after a DUI arrest involving an accident that causes personal injury or death to another. Before this law, if you refused tests, your license would [...]
Read More Aggravated DUI, Blood Alcohol Concentration, DUI, DUI blood draw, DUI conviction, field sobriety tests, Reckless Driving, statutory summary revocation, statutory summary suspensionsee http://www.chicagotribune.com/news/local/ct-met-victim-jail-0719-20110719,0,1456646.story Imo, just an awful decision by a judge in Will county. The victim in a aggravated domestic battery case refused to testify against the alleged attacker, who was her boyfriend. Happens every day in courtrooms around the country. Many if not most of the victims of domestic violence continually go back to there [...]
Read MoreA recent Illinois Appellate Court decision in People v. Neal, No. 1-09-2814 (June 29, 2011) Cook Co., 3d Div. is just another example of the current eroding of the Fourth Amendment. A Chicago Police Officer detains a man who is out on the yelling “blows”. He never sees the defendant with any drugs or money [...]
Read More delivery of a controlled substance, drugs, felony, first amendment, Fourth Amendment, heroin, PCS, possession of a controlled substance, probable cause, search and seizureProsecuting a DUI case based on drugs can be much more difficult for the State to prove than a DUI based on alcohol use if the driver refuses to take chemical tests. The law states that if a person has any amount of drugs in their system while driving they are guilty of dui. But [...]
Read More Aggravated DUI, cannabis, cocaine, drugs, DUI, DUI based on drugs, narcoticsEvery case is different, and it is often hard to negotiate a rescission even if the DUI case is weak. But what do you do if you have a DUI case that is winnable at trial and the prosecution offers to rescind the statutory summary suspension to induce you to plead guilty? Many people will [...]
Read More Aggravated DUI, Blood Alcohol Concentration, court supervision, DUI, plead guilty, statutory summary suspensionThere are many collateral consequences involved when someone is charged with a criminal offense that many people do not give appropriate consideration to when handling their case. What is a collateral consequence? It is any consequence of the criminal charge outside the court consequences, which I will call direct consequences. An example of a direct [...]
Read More Aggravated DUI, court supervision, defense attorney, deportation, Domestic Battery, domestic violence, driving on a supsended license, drugs, DUI, DUI blood draw, DUI conviction, misdemeanorThe answer is absolutely. That outstanding warrant is keeping you from getting your license. Many people worry that they are automatically going to go to jail because they fled the case a while back. However, each situation is different. If you are able to post whatever the bond is on the warrant, you may not [...]
Read More Aggravated DUI, bench warrant, bond, bond forfeiture, DUI, DUI convictionInteresting article in the Tribune last week: http://www.chicagotribune.com/news/local/breaking/chibrknews-prosecutors-bragging-on-facebook-leads-to-charges-20110504,0,5797986.story A woman bragging on Facebook about a battery she committed the night before at a nightclub leads to her being charged with Aggravated Battery. It should be rather obvious, but if you commit a crime and do not get caught, probably not a good idea to talk [...]
Read More