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Illinois traffic violation attorney DUI distracted driving speedingThe winter holidays are generally the busiest time of the year for road travel. According to the American Automobile Association (AAA), an estimated 54 million Americans traveled for the Thanksgiving holidays in 2018, with 48.5 million of those people traveling by road. The National Highway Traffic Safety Administration (NHTSA) reported that in 2017, 5,667 fatal crashes involving 14,199 people occurred in November and December alone. 

There are certain factors that Illinois state police have attributed to these fatalities, and these are referred to as the “fatal four:” speeding, DUI, distracted driving, and seat belt usage. Getting a ticket for any of these traffic violations can mean hefty fines and, in some cases, more serious punishments like driver’s license suspension or even jail time.

Speeding

Illinois police will be on the lookout for those who are speeding during the holiday season. Speed is one of the biggest factors in fatal crashes, which is why speeding is taken very seriously, especially if you are going more than 25 mph over the speed limit. If you are caught going 26-35 mph over the speed limit, you will be charged with a Class B misdemeanor. If you are caught going more than 35 mph over the speed limit, you will be charged with a Class A misdemeanor.

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Rolling Meadows aggravated DUI defense attorneyIt does not matter what situation you are in when you are charged with a DUI - they are all serious charges. However, if you are found to be driving while intoxicated when a child is present in the vehicle, your punishments will be much more strict. In Illinois, penalties for DUI increase if a child under the age of 16 years old is riding in the vehicle - but it does not stop there. In addition to DUI charges, you can also face other criminal violations, such as child endangerment. You could also be charged with more serious crimes if the child suffered an injury because of you. 

DUI With a Minor in the Vehicle

According to the Illinois Vehicle Code, a first conviction for DUI is a Class A misdemeanor, which comes with a loss of driving privileges for one year, a possible sentence of up to one year in jail, and a maximum fine of $2,500. If you had a child in your vehicle while you were driving under the influence, that sentence is a mandatory minimum of six months in jail, a mandatory minimum $1,000 fine, regardless of your ability to pay, and 25 days of community service in a program that benefits children.

If you were convicted of DUI, and there was a minor under the age of 16 in the vehicle who suffered bodily injury because of an accident you caused, the penalties increase. Even a first offense is considered a Class 4 felony aggravated DUI. This means that in addition to any other criminal or administrative punishments, a mandatory $2,500 fine is imposed, and 25 days of community service in a program that benefits children is required.

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Posted on in DUI

b2ap3_thumbnail_shutterstock_555970879.jpgWhen police initiate a traffic stop, the motorist may feel compelled to submit to a breathalyzer test or some other form of field sobriety testing due to a little understood law known as implied consent.

Implied consent is often applied during a traffic stop when police suspect a motorist is driving under the influence of alcohol, and is attached to the issuance of a driver’s license in most states.

When Did I Give Consent?

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Arlington Heights DUI defense lawyerFelony DUI charges, otherwise called an aggravated DUI in the state of Illinois, can result in serious and life-long consequences. DUI convictions are also unique in that they may result in the suspension or revocation of the defendant’s Illinois driver’s license. Learn more about the potential consequences of a felony DUI charge, and discover how an experienced DUI criminal defense attorney may be able to improve the outcome if your case.

What Constitutes a Felony DUI?

Most often, felony DUI charges will stem from repeated offenses (three or more). However, there are other situations that may lead to a felony DUI, even on a first offense. Examples include:

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Illinois DUIdefense attorneyState troopers are expected to put additional units on the road over the Labor Day weekend this year. There will also be more security checkpoints. Emphasis will be placed on the “fatal four” infractions, and many are likely to experience an arrest. Learn what to watch out for, and discover how an experienced criminal defense lawyer can help with your criminal charges case.

The “Fatal Four” Behaviors

As previously mentioned, state troopers are expected to focus on the “fatal four” driving behaviors over Labor Day weekend: distracted driving, not wearing a seatbelt, speeding, and driving under the influence. The final focus – driving while intoxicated – could result in jail time, fines, and a suspension of the driver’s license. Thankfully, there are ways to fight back.

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