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Arlington Heights, IL criminal defense attorney traffic violation

With a legendary athlete in the news recently due to a serious car accident and with him having a history of being charged with reckless driving, it is an opportune moment to discuss this further, whether Tiger Woods is charged with any traffic violations or not. Overall, it is easy to shrug off most traffic violations as minor, but the truth is many of these violations can be considered from within the purview of criminal law; in fact, certain traffic violations, if serious enough to result in imprisonment, can result in either a felony or a misdemeanor. One of these crimes in Illinois would be reckless driving. Read on to learn the Illinois definition of reckless driving and how you can avoid driving recklessly.

Reckless Driving: Defined by Illinois State Law

With varying degrees of severity and different, more specific definitions of reckless driving with a diverse set of penalties and criminal classifications depending on the circumstances, it can be difficult to understand the Illinois law for reckless driving. In general, though, one of the following two facts must be true in order for the traffic violation to be considered the criminal act of reckless driving:

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Posted on in DUI

Arlington Heights, IL criminal defense attorney DUI

It is very scary to see the lights of a police car and hear the siren any time you are on the road. When the officer approaches your window and starts asking questions, it is natural to be nervous. Law enforcement officers are often overzealous when they are trying to make an arrest, and they may say you are legally obligated to perform certain tasks. One of these might be submitting to a breathalyzer test. So, can you refuse the breathalyzer test? You can, but there are consequences you may face. Regardless of the choice that you make at the stop, an experienced DUI lawyer can help with your case.

Implied Consent Laws in the State

The law in Illinois states that all motorists have given implied consent to blood alcohol content (BAC) testing every time they get behind the wheel. However, this law only applies when you have been arrested for a DUI. This means that until the officer arrests you on suspicion of a DUI, you are under no obligation to submit to a breathalyzer test. Regardless of what the police officer says, they cannot force you to take the test unless you have been arrested. Even then, no one can physically force you to take the test, but there are consequences if you refuse.

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Rolling Meadows, IL criminal defense attorney

In the state of Illinois, there are hundreds of crimes that you could be accused of committing, ranging from petty traffic violations to serious felony offenses that could change your life forever. Depending on the severity of your case, the prosecutor will determine what kind of evidence he or she needs to build a case against you. Evidentiary items, such as specific objects, weapons, or even DNA are typically taken from the scene where the crime was alleged to have taken place. However, in many cases, the police may opt to search your home or even your vehicle if you are charged with a crime. Under the Fourth Amendment to the United States Constitution, each person has certain rights and protections with regard to searches and seizures. If those rights are violated, the validity of the evidence obtained during the search and seizure may become compromised. 

Issuing the Search Warrant

The right against an unreasonable search and seizure is one of the most basic rights awarded to every person in the country. In most cases, police almost always need a search warrant to enter and search your home. A search warrant is issued by a judge and contains information about a location that police are to search for evidence or for individuals connected with the crime. The warrant should describe the location of the objects that are meant to be seized and the actual object or person they want to seize.

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Arlington Heights, IL criminal defense attorney

In recent years, the term “criminal justice reform” has been touted day in and day out as something that is desperately needed across the country. Many groups have been calling for major changes to multiple elements of the criminal justice system, though no such law had been passed until now. Recently, both the Illinois House of Representatives and Illinois Senate passed HB3653 and sent the legislation off to the desk of Illinois State Governor J.B. Pritzker for a final signature. HB3653 contains many new laws that help those who have been charged with or arrested for a crime.

Cash Bail to Be Eliminated

One of the biggest changes that HB3653 brings is the elimination of the cash bail system. Bail is the current system that is used to release individuals who have been charged with a crime from jail before their trial, while still ensuring they will return to their court hearings and appearances. However, cash bail is often far-fetched for many people, even when only 10 percent of the amount is required to be posted. This resulted in prisons being overcrowded with individuals awaiting trial simply because they could not afford to get out of jail. By eliminating cash bail, non-violent offenders can await trial in their own community and violent offenders must remain in jail, regardless of their ability to pay. 

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Rolling Meadows, IL criminal defense attorney

When it comes to the people responsible for a crime, in some cases, it can be more than just the offender who is held responsible for the commission of the crime. This is the basic idea behind the concept of criminal accountability. In the state of Illinois, it is legal for a person to be arrested and charged for simply knowing about a crime that someone else committed. While this may seem unfair, the law of accountability has actually helped Illinois law enforcement with the prosecution of criminal organizations and gang members. However, the law of accountability can also unfairly and unjustly convict innocent people of crimes that they did not commit and should not be accountable for.

What Is the “Law of Accountability” in Illinois?

Many states across the country, including Illinois, have created laws that are known as accountability laws, which allows the state to convict individuals of crimes that they did not commit, but that they were “accessories” to or “passive participants” in. Specifically, the Illinois Criminal Code states that a person is legally accountable for the actions of another person when they have the intent to promote or facilitate the commission of a crime and they aid, abet, agree, or attempt to aid another person in the planning or commission of the offense.

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