Posted on April 19, 2017 in Driver's License Reinstatement
Being convicted of a DUI is not just stressful and embarrassing; it can seriously impact your life. No longer can you simply jump in your car and drive to work or the store. Instead, you must walk, deal with public transit, or ask a friend or family member for a ride. Thankfully, there are some things you can do to try and restore driving privileges after a DUI conviction.
License Suspension versus Revocation
There are two ways your driving privileges can be removed: suspension and revocation. The process of restoring privileges is different for each. As such, it is important that you understand the difference between a suspension and a revocation. A suspension is a temporary loss of your license, and it typically has an expiration period. On the other hand, a revocation is a complete cancellation of your license. You can have it restored, but the process is highly complex.
Posted on April 12, 2017 in DUI
When one is convicted of a DUI in Illinois, they face two main types of consequences: criminal and collateral. Those that are criminal in nature are consequences related to jail time, probation, and licensing suspensions. Collateral consequences are those that one faces because of the conviction. Examples include the increased cost of car insurance and difficulty obtaining a job because of a criminal record. Both types can result in significant financial losses.
Criminal Costs of an Illinois DUI Conviction
Criminal costs of a DUI are, perhaps, the easiest to measure. Most have a fee already attached to them. For example, the installation of a Breath Alcohol Ignition Interlock Device (BAIID) will cost $100 to install. In addition, all BAIID users must pay rental and monitoring fees, which cost $960 and $360 per year, respectively. Other common criminal costs that one can expect after a DUI conviction include:
Posted on April 07, 2017 in Drug Crimes
Although the use of medical marijuana is legal in the state of Illinois, there are numerous rules and regulations that one must follow to avoid the possibility of criminal penalties. This risk remains, even for those with severe or debilitating conditions. Learn more about how to prevent legal trouble as a medical marijuana user, and what you can do if you should find yourself facing drug possession charges.
Understanding the Rules and Regulations
To qualify as a medical marijuana user in the state of Illinois, one must be a resident of the state. Further, you must have a qualifying medical condition and be at least 18 years of age. Individuals must also complete a fingerprint-based criminal background check. Further, you cannot be an active member of law enforcement or a firefighter, and you cannot have a commercial driver’s license (this includes licenses required for operating a school bus). Failure to meet any of these requirements could bar you from receiving your medical marijuana card.
Posted on March 27, 2017 in DUI
Though not available to every suspected DUI offender, plea bargains may offer a way for some to avoid certain consequences of a DUI conviction. However, it is crucial that defendants in DUI cases understand the implications before deciding to accept such an offer. The following information outlines some of the pros and cons of taking a plea bargain. It also explains where you can find advice when deciding if a plea deal might be the right option for you.
Examining the Possible Advantages of a Plea
When comparing the consequences of an Illinois DUI conviction and a possible plea agreement, there may be some benefits worth considering. Such benefits might include the possibility of:
Posted on March 20, 2017 in DUI
While it is far better to fight a DUI before conviction, not everyone is aware that they can and should do so. Thankfully, some individuals may still be eligible to drive with the installation of a breath alcohol ignition interlock device (BAIID). Learn more about driving with the BAIID (and what it entails) with help from the following information.
About the BAIID Driving Option
Upon conviction of a DUI, the license of a driver is suspended. The individual then has two choices: refrain from driving until the suspension has expired or obtain a Monitoring Device Driving Permit (MDDP) to become eligible for the BAIID driving option. Continuing to drive and not adhering to either of these options can result in additional criminal charges (a Class 4 felony). This applies, even if the individual is not intoxicated at the time they are caught driving.
Posted on March 13, 2017 in DUI
Americans sometimes take their rights for granted. What happens, though, when your own decisions result in a loss of your rights? This is, unfortunately, a possibility when one is convicted of a felony DUI. Learn more with help from the following information.
Your Right to Bear Arms
The right to bear arms is protected by the Second Amendment of the Constitution. However, this right can be revoked. This is what typically happens to individuals who have been convicted of a violent offense (domestic violence, aggravated assault with a deadly weapon, etc.). Yet it can also happen to those with non-violent felony offenses.
Felony DUI Offenses
Typically, felony DUI offenses apply to those who have two or more previous convictions. However, there are situations in which even a first or second time offender can face felony charges. For example, first-time offenders who experience an accident that results in bodily harm to a minor (under the age of 16), may face felony charges. DUI crashes that result in the death of another may also result in a felony charge.
Posted on March 06, 2017 in DUI
Being pulled over can be scary. Matters become worse when the officer comes to your window and asks you to step out of your car, or requests that you submit to a breathalyzer or chemical test. Do you really have to comply, though? What, exactly, are your rights in this situation? More importantly, what are the potential consequences for refusing to comply? The following explores these questions, and provides you with information on where to find help with your DUI case.
Ownership of a License and Implied Consent
When you applied for your driver’s license, and that application was approved, you gave what is considered “implied consent.” Essentially, this means that you gave consent, at that time, to be tested for impairment if an officer pulls you over or arrests you for suspicion of a DUI. Now, they cannot force you to submit to chemical or breath tests. They can, however, arrest you and suspend your license for failure to submit to chemical or breath testing.
Posted on February 24, 2017 in DUI
Although a driving under the influence (DUI) conviction does carry its own set of consequences, they often pale in comparison to what can happen if you fail to comply or do not appear for court when summoned. This is a difficult lesson that one Illinois man is currently facing. Learn more about the risks of a DUI charge, and how you can mitigate them, with help from the following.
Failure to Appear in Court Escalates Misdemeanor to Felony
When the Illinois man allegedly crashed his vehicle on Interstate 74, killing a local woman, the Illinois State Police decided not to arrest him. Instead, they sent him a misdemeanor DUI ticket and a notice to appear in court. He reportedly failed to appear, so the judge repealed his ticket and, instead, filed charges for a felony aggravated DUI and a warrant for his arrest. Once he is brought into custody, he will face a bond of $100,000. He will also have to face the risk of heightened consequences if he is convicted of his charges.
Posted on February 17, 2017 in Traffic Violations
While all drivers are held responsible for their actions and decisions, those who hold a commercial driver’s license (CDL) are held to even higher standards. Further, the loss or suspension of a license can result in a loss of income. Learn how you can fight against a CDL traffic ticket, and why you should, every single time.
Disqualification as a CMV Driver
Under Illinois state law, CDL drivers are disqualified from operating a commercial motor vehicle (CMV) if they are convicted of two or more “serious traffic violations” within a three-year time-period. Suspensions can last anywhere from 60 days to 10 years, depending on the circumstances. It is also important to keep in mind that this applies, regardless of whether you were operating a commercial vehicle or non-commercial vehicle at the time of your ticket.
Posted on February 10, 2017 in Drug Crimes
Although the Food and Drug Administration (FDA) does not acknowledge marijuana as a prescription drug, there are currently 28 states with medical marijuana laws in place. Illinois is one of those states. Yet users should know legalization does not mean free reign. There are still regulations, stipulations, and limitations that must be followed, and any failure to do so can result in serious consequences. The following explains further.
Approved Conditions
Passed in 2013, and put into effect in 2014, the Compassionate Use of Medical Cannabis Pilot Act currently includes 40 chronic diseases and conditions. Though not an exhaustive list, some of the most commonly covered conditions include:
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