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Recent Blog Posts
How to Deal with an ATV DUI Charge In Illinois
The weather is warming up, and that means ATV season is beginning here in Illinois. Riding your ATV through the woods or along a secluded trail can be quite the experience, but we also get a number of calls each year from clients who run into a little trouble on their all-terrain vehicle. The most common ATV-related call we receive is about operators who have been charged with DUI on their ATV.
A driving under the influence charge is not unique to a motor vehicle like a car or a truck. In Illinois, a motorized vehicle that is primarily used for transportation can be subject to Illinois DUI laws, which means your ATV, your boat and even a golf cart are in play for a DUI. Below, we take a closer look at ATV-related DUI charges in Illinois, and what you should do if you’re facing a charge of riding while intoxicated.
DUI On An ATV In Illinois
Riding on an ATV tends to lend itself to drinking and driving more so than a standard vehicle. Many ATV trails take riders past bars or restaurants that serve alcohol, and if you’re going to be riding for a good portion of the day, you’ll likely stop to eat, and if you’re with a group of friends it doesn’t take much for a round or two of beers to be purchased.
Don’t Let Traffic Violations Affect Your CDL In Illinois
If you have a job that requires you to have a valid commercial driver’s license (CDL), you know how important it is that you maintain that license, otherwise you may quickly find yourself out of a job and an income source. CDL drivers are oftentimes tasked with carrying important and even dangerous freight, so Illinois doesn’t look lightly on traffic violations from those tasked with shipping those goods. You can have your CDL suspended for as few as one or two traffic violations, so it’s important to know what to do if you ever find yourself fighting a traffic charge that threatens your commercial driver’s license.
CDL Suspension In Illinois
Under Illinois law, you can have your CDL suspended if you commit two serious traffic offenses. Serious traffic offenses include by are not limited to instances of:
- Excessive speeding
- Reckless driving
- Overriding a lane control device
- Illegal passing
- Failing to safely negotiate an accident or disabled/emergency vehicles
Do You Need A Lawyer During A Divorce In Illinois?
Regardless of whether you’re parting on peaceful terms or it is a less than amicable split, a divorce can be a stressful situation that leaves you with more questions than answers. One of the most common questions we hear in our family law division is whether or not you need a lawyer to help with your divorce.
We’re always careful with how we answer that question, because the short answer is no, you do not need a lawyer in order to process and finalize your divorce. However, you’ll almost assuredly want one. We explain why in today’s blog.
Do I Need A Divorce Lawyer?
When someone asks us if they need a lawyer for their divorce, even if they are splitting on good terms with their spouse, we liken the situation to whether or not you need a mechanic for a check engine problem in your car. Even if you understand cars better than the average person, it’s not a simple process to fix a major check engine problem. You have to run a diagnostics test to figure out what’s wrong, order the right parts, watch Youtube videos of how to fix the problem and then perform the maintenance yourself. It’s going to take significant time and effort, and if one little thing is wrong, it can cause major problems when you’re cruising on the highway.
How Much Should You Tell Your Lawyer?
If you have been charged with a crime, you’re probably running scenarios through your head and trying to determine your best course of action. For many people, challenging their criminal charge with the help of an attorney is the optimal route, but since they’ve typically never been in this situation before, they often wonder just how up front they should be with their lawyer. In today’s blog, we explain how open you should be with your lawyer and why it’s so important to have an honest conversation with your legal team.
Should You Tell Everything To Your Lawyer?
Should you tell the full truth and nothing but the truth when talking to your lawyer, or should you avoid telling things that could cast doubt over your innocence? Before we answer this question, we want to share a piece of advice that we’ve learned along the way.
If a lawyer only defended innocent clients, they wouldn’t stay in business long.
Getting Your Marijuana Charge Expunged In Illinois
If you’ve been charged with a crime, you may be wondering if you can get the details of that case sealed or expunged from your record. Sealing records mean case details are kept confidential and not accessible to the general public, whereas an expungement means all records of the incident are destroyed or returned to you. Beginning January 1 of this year, Illinois expanded which arrests and convictions are eligible for expungement. Convictions for marijuana-related offenses are now eligible for expungement, so we’re going to explain the qualifying factors and how you can go about getting your criminal record expunged.
Expungement In Illinois
For a number of different criminal offenses, it is often very difficult to get your record expunged in Illinois. In fact, expungement is typically only available to those who were never convicted of their crime. However, that changed a little at the start of 2020 when Illinois legalized recreational marijuana use.
Illinois Man With Coronavirus Charged For Reckless Actions That Endangered The Public
In what is believed to be the first such case in Illinois, a man in the southeastern portion of the state faces up to a year in jail after prosecutors argue he violated a self-isolation order and exposed countless others to the coronavirus.
According to the criminal complaint, a 36-year-old man stopped at a gas station so his 4-year-old son could use the restroom. During the visit, an employee recognized the man from high school and knew that man was supposed to be in quarantine because he shared his story on Facebook. After the man left the store, the employee alerted his supervisor, who contacted the authorities.
“The individual entered into a Jasper County business and was clearly not self-isolating,” said Chad Miller, the state’s attorney in the county. Miller said the man’s actions “showed a willful and wanton disregard for the safety of others.”
Should He Face Charges?
The man at the center of the case is Jason Liddle, and he believes he is being singled out by the state. He says he never tested positive for the coronavirus and was only told to isolate by his physician. Liddle said he did not go to work during the isolation period and was doing a half-hour drive to his in-law’s house with his family when his 4-year-old asked to use the restroom. Liddle said he took his son to the restroom and was careful not to get close to anyone else, but he was recognized by a high school classmate who worked at the gas station and everything blew up from there.
When Can Police Pull You Over In Illinois?
Although driving is considered a privilege in the state of Illinois, that doesn’t mean police can pull over any driver they choose in order to conduct a traffic stop. The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures, and we’ve won many cases challenging the constitutionality of a search. Below, we take a closer look at when police are legally allowed to conduct a traffic stop and what you can do if you believe you were unconstitutionally stopped in Illinois.
Legal Right To Stop A Driver
There are a few factors that allow a police officer to legally stop a driver. The most common instance is when the officer witnesses a driver commit a driving infraction. It doesn’t matter whether the driver is knowingly breaking the law (like speeding) or unknowingly breaking the law (driving with a broken tail light). If they are in violation of a driving law, an officer can conduct a traffic stop.
It’s also worth noting that the reason for the traffic stop does not need to be related to the eventual charges the driver faces. For example, if you were pulled over for expired license plates and the officer realizes after speaking with you that you may be under the influence of alcohol, you can still face DWI charges even though the basis for the stop was for an unrelated matter.
How COVID-19 Is Impacting Criminal Courts In Illinois
COVID-19, also referred to as the coronavirus, is having a significant impact on our personal and professional lives here in Illinois and across the US. Now that the government has mandated that we should practice social distancing and avoid groups larger than 10 to help slow the spread of the virus, Illinois courts have issued some changes to help citizens heed these instructions. Below, we take a look at some of the changes that are affecting courthouses in our area.
Changes To DuPage County Courts
Effective earlier this week, Daniel P. Guerin, Chief Judge of DuPage County, issued an order that went into effect on March 17. The order stated that all pending cases in DuPage County Circuit Court will be rescheduled to after April 17, and that cases will be continued for 30 to 60 days after their originally scheduled court date. Each party involved in a pending case should be notified of a new expected court date. Additionally, all traffic courts in DuPage County are closed until after April 17. You or your lawyer will be notified of a new court date by the Clerk of the Circuit Court.
Extra DUI Patrols In DuPage County Through March
Illinois State Police announced that it will be conducting extra DUI patrols throughout the remainder of March in a number of counties across the state, including DuPage County.
Aside from keeping more eyes on the roads to stop impaired drivers, the task force also announced specific locations where “Alcohol Countermeasure Enforcement” will take place. Those areas include:
- The Jane Addams Memorial Tollway (I-90) in Kane County
- The Reagan Memorial Tollway (I-88) in Dupage and Kane counties
- The Veterans Memorial Tollway (I-355) in Dupage and Will countie
Police said that the patrols will be conducted during nighttime hours when drunk driving rates are at the highest. Unsurprisingly, they also said that they will take a zero-tolerance approach to getting impaired drivers and underage drivers who consume alcohol off of the road.
DUI Penalties
In Illinois, individuals who are arrested for DUI can have their vehicle impounded and have their driving privileges revoked for up to a year for their first offense. DUI convictions can also result in fines up to $2,500 and up to a year in jail. You’ll also likely see increased car insurance rates once your insurer gets wind of the arrest, and some people can also lose their job depending on their work duties as a result of the arrest. Those previously convicted of a DUI will face even harsher potential penalties, including up to 12 years in prison and fines reaching $25,000 if you cause an accident with injury.
I Live In Illinois But Got A DUI In Another State – What Should I Do?
If you’re planning a road trip down to Florida or just visiting some family in Wisconsin, you may plan on imbibing in some spirits once you’ve reached your destination. This is fine so long as you keep it in check and don’t get behind the wheel after drinking. If you end up making a mistake and getting a DUI in another state, don’t just assume you can scamper back to Illinois and avoid penalties by never returning to the other state. That’s not how the system works, and it can have significant repercussions for your ability to drive in Illinois. Below, we explain what can happen if you get an out of state DUI and how you should proceed once you’re back in Illinois.
Out Of State DUI
When it comes to an out of state DUI, it’s important to recognize that it’s not just an issue in the state you were traveling to at the time of the arrest. If you are charged with a crime like DUI in another state, that is the only state that can punish you criminally for the act. So if you get a DUI in Wisconsin, only the Wisconsin court can hand down punishments like jail, fines or alcohol education classes. However, both the state you were traveling to and your home state of Illinois can lay down repercussions for your driver’s license.
From our office in Naperville, Illinois, we serve clients throughout DuPage County, Kane County, Kendall County, Cook County, and Will County, including Wheaton, Aurora, Downers Grove, Lisle, Aurora, Elgin, St. Charles, Geneva, Batavia, Yorkville, Ottawa, and Plainfield.
Results listed are not a guarantee or indication of future case results.
50 S. Main St., Suite 200, Naperville, IL 60540
630-717-7801
