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Recent Blog Posts
Defenses to Speeding Charges
Many people have been guilty of speeding at some point in time when they are behind the wheel of a vehicle. Sometimes it happens on accident, while other times adriver purposefully means to exceed the posted speed limit. However, ifyou are caught speeding by Illinois law enforcement, aticket for violating the state’s speeding laws will be issued to you.
Receivinga traffic ticket can adversely affect you if you admit your guilt to your traffic offense. For instance, if you go to the courthouse and immediately pay your ticket without fighting it in traffic court, you effectively have made an admission that you are guilty of the speeding charge.
Admitting guilt for a traffic violation can result in the addition of points to your driver’s license. If you accumulate too many points, then serious consequences can result. Too many points can mean that your license will be suspended, which will make traveling more difficult for you without the ability to drive. Ultimately, much is at stake when you are issued a traffic ticket for speeding. Hence, it is important that you fight your speeding ticket. With the help of an experienced Illinois traffic offenses defense attorney it might be possible to get your charges reduced or dismissed altogether.
Evidence in Your DUI Case: Breathalyzer Testing Results Invalid
When a person is stopped by law enforcement for a traffic violation, and the officer who made the traffic stop develops a reasonable suspicion that the driver of the vehicle is intoxicated by alcohol, the police officer can request that the suspected drunk driver submit to a breathalyzer test.
A breathalyzer test is a chemical test that analyzes the amount of alcohol on a person’s breath and then determines whether the person has a blood alcohol concentration that is over the legal limit of 0.08. Under Illinois implied consent law, drivers are required to submit to a breathalyzer test upon a police officer’s request or else face consequences, such as the automatic suspension of their driver’s license. But remember: you do have the right to refuse to submit to a breathalyzer test.
Even if you are pulled over and you do submit to breathalyzer testing, there are many things that could render your breathalyzer testing results invalid. It is well established that breathalyzer tests are not foolproof and there can be any number of procedural mistakes that could make your test results invalid. Invalid breathalyzer test results cannot be used against you in a DUI case against you. A few examples of things that can make your breathalyzer test results invalid include:
DUIs: Substantially Worse if a Child is in the Vehicle
Illinois has strict laws when it comes to driving under the influence of alcohol. Driving under the influence is defined by 625 ILCS 5/11-501 as occurring when a person is operating a motor vehicle while under the influence of alcohol, which can be shown if his or her blood alcohol concentration is 0.08 or more.
Law enforcement, prosecutors, and the courts take DUI offenses very seriously. Moreover, they levy the harshest criminal charges that they can justify against analleged drunk driver. However, whenchildren are involved in a DUI, punishment can become substantially worse for the accused drunk driver.
Not only is your driver’s license automatically suspended when you are arrested for DUI, but you also face a misdemeanor charge for a first time offense, presuming that there are no aggravating factors involved in your DUI. If there are aggravating factors, your offense could be upgraded to a felony DUI offense.
How Far Can Illinois Drug Asset Forfeiture Reach?
Begin caught while committing a drug offense and/or being charged with a drug offense is tough in its own right. You will need to hire a criminal defense lawyer and go to court, and you can potentially face jail time, fines, probation, and a criminal record that will be with you for a long time. Additionally,the police can take your personal property if it is associated with the drug offense, such as your car, money, or other belongings.
Illinois Drug Asset Forfeiture Laws Are Far-Reaching
Illinois has certainaggressive and broad drug asset forfeiture laws. Under Illinois drug asset forfeiture laws, any property that is associated with criminal drug activity can be seized by the police. This causes many problems for people who own property that was taken into custody by police. These laws do not distinguish between the person who allegedly committed a crime and who actually owns the property. Moreover,the laws extend to other items that may have been purchased with money associated with a crime. Finally, the property is not automatically released if the charges against the alleged offender are dropped.
Stolen Retail Items During the Holidays Could Result in Felony Charges
During the holiday season there is a noticeable spike in the instances of retail theft. For whatever reason, people are more likely to shoplift in November and December than at any other time of the year. Ahigher rate of foot traffic in stores around the holidaysmakesit easier to commit retail theft. Moreover,there are a lot of pressures placed on people this time of the year, which can drive them to committing an act of shoplifting.
According to MarketWatch, the most commonly stolen items around the holidays in the United States include:
- Electronics and electronics accessories, such as cell phone cases, headphones, etc.;
- Winter or leather clothing;
- Meat, seafood, alcohol and chocolates;
- Children’s toys; and
- Perfume or cologne.
Ultimately, many of these items, such as electronics and electronic accessories, leather clothing, and some children’s toys, can be greatly valued. It is not uncommon for electronics to cost hundreds of dollars, which might be part of the reason why someone would steal these items from a store in the first place.
The Unintended Consequences of a DUI Conviction in Illinois
Even the most sensible people can sometimes exercise poor judgement, or think that they are sober enough to drive after a few drinks. Drunk, intoxicated, or even buzzed drivers are often pulled over by law enforcement and arrested on DUI charges. Oftentimes,these individuals have no idea what to do because they are first time DUI offenders. A DUI conviction can have a profound impact on your life beyond the obvious criminal consequences, such as jail time and fines. Many first time DUI offenders are stunned by the additional consequences of a DUI.
DUI Facts: The Profile of the Average DUI Offender
According to the Office of the Illinois Secretary of State, the average DUI offender in Illinois is a male around the age of 34 years old, who is intoxicated behind the wheel between the hours of 11:00 p.m. and 4:00 a.m. This typical DUI offender generally hasa blood alcohol concentration (BAC) of twice the legal limit (legal limit being 0.08 BAC in Illinois for drivers over the age of 21). Ninety percent of the drivers who were arrested in 2014 for DUI lost their driving privileges as a result, and 86 percent of those drivers who were arrested were first time offenders.
Drug Asset Forfeiture in Illinois
Getting arrested for a drug offense, such as possession or intent to distribute, is a bad situation on its own. If you are convicted for such an offense, you can face jail time and fees. However,getting caught with drugs can also mean that you will lose personal property, such as your car or other assets, if such assets are affiliated with the drug offense. Drug asset forfeiture is a common practice in Illinois, yetmany people are unaware of it until it happens to them or someone they know.
If you are charged with a drug crime, you might be subjected to Illinois’ drug asset forfeiture laws. Under these laws, property that is associated with drug activity or a crime can be seized by law enforcement. The point of the seizure is to limit the amount of resources that are available for criminal activity. If your personal property is taken by law enforcement under state asset forfeiture laws, it may take a long time to get your seized assets back, and recovery of your seized property can be at a great cost to you.
Businesses Up Their Security and Theft Monitoring at the End of the Year
The most booming time of year for retailers is the end of the calendar year. With all of the shopping that goes along with the holiday season, retailers pull out all the stops and offer great sales to draw in customers. Retailers also engage in gimmicks to draw in business, such as two-for-one deals or Black Friday sales. Whatever retailers can do to get customers into their stores and spend money is all that matters this time of year. However, the end of the calendar year is also a time when retailers increase their store security efforts and monitor most closely for instances of retail theft.
With more customers in their stores, there is an increased likelihood that theft will occur more frequently. Customers might try and hide unsoldmerchandise in shopping bags they are carrying from other stores, and may try to simply walk out of the store without paying. Theft is a serious problem for retailers, so it makes sense that retailers would take extra precautions this time of year to catch people in the act.
Charged With Domestic Violence When You Acted in Self-Defense?
Domestic disputes occurbetween significant others and family members frequently in Illinois. Sometimes these get out of hand andrise to the level of domestic violence.
Under Illinois law, domestic violence generally involves acts of violence or threatening behavior between two people who share a domestic relationship, or used to share a domestic relationship. Domestic violence disputes arise between spouses, exes, significant others, family members who are related by blood or marriage, and people who share a living space, such as roommates.
Even the most minor physical contact can be construed as a battery. If you are concerned that someone is likely to make a false claim of domestic violence against you, you should avoid making physical contact with that person at all costs. But just because you deliberately refrain from physical contact does not mean that someone will not make an attack on you.
Criminal Trespass Charges: When You Are Asked to Leave But You Do Not
All too often individuals are faced with criminal trespass to real property charges, under 720 ILCS 5/21-3, when they were asked to leave a place but do not do so. This scenario plays out a handful of different ways:
- A patron might be asked to leave a bar, club, or restaurant after becoming too intoxicated and rowdy, or getting into a fight with another patron or employee of the establishment;
- An individual might be causing a dramatic and disruptive scene in a business establishment in view of other patrons;
- An individual might have conducted him or herself inappropriately, but not necessarily in violation of the law, in a business establishment, and is then asked to leave;
- An individual might ignore posted signs saying “do not enter” or “authorized personnel only beyond this point”; or
- An individual might knowingly go into a restricted area after being warned not to go into that area.
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