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Posted on in Traffic Violations

Rolling Meadows, IL criminal defense attorney traffic violation

Cell phones have proven to provide many benefits and much convenience, but as they become more prominent in our daily lives, they have also become more prone to have issues. The past couple of years have shown an upward trend in the number of cases of distracted driving across the United States. According to the National Highway Traffic Safety Administration (NHTSA), around 2,800 people died in distraction-related accidents while an estimated 400,000 people were injured in distracted-related driving accidents in 2018, the latest year for which data is available. In recent years, more states have passed laws making cell phone use and distracted driving illegal, as is the case in Illinois.

Illinois Cell Phone Laws

In Illinois, drivers are forbidden from using what the state defines as “electronic communication devices.” According to Illinois law, electronic communication devices include cell phones and any other small computer or handheld electronic device that is not integrated into your vehicle. The state of Illinois does not permit the use of electronic communication devices while driving. However, there are a few exceptions to that rule.

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Posted on in Criminal Law

Arlington Heights, IL criminal defense attorney court supervision

It can be a scary experience when you or a loved one has been charged with a crime. There are many parts of the criminal justice system that are confusing, overwhelming, and at times just downright frustrating. Much of this frustration and anxiety stems from the initial uncertainty of the outcome of the situation and how it will affect the rest of your life. Certain criminal offenses carry stigmas with them and a conviction on your record could mar it forever. Some crimes even result in consequences that could impact you for the rest of your life, such as if you were convicted of an offense that will never be eligible for expungement. Fortunately, your fate is not set in stone when you are charged with a crime. There are also a variety of sentencing options that are available for the judge to choose from in many cases, including court supervision.

What Is Court Supervision?

In Illinois, the courts allow judges to sentence certain misdemeanor criminal offenders to court supervision, which then suspends the judgment in the case for a specified amount of time. Felony offenders are not eligible for court supervision and must be sentenced to conditional discharge, probation, or prison. Rather than immediately doling out a conviction, court supervision basically puts the case on pause until your period of supervision has concluded. Court supervision also functions very similarly to probation, as the judge can choose to include certain provisions in the order for supervision that you must follow or face further punishment.

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Posted on in Traffic Violations

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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Posted on in Criminal Law

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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Latest Blog Posts

Can I Still Get a DUI if I Refused Testing?
How to Handle a False Accusation
Could I Beat a DUI Charge After Failing a Breathalyzer?
Can My Illinois Conviction Be Expunged?
What Happens if I Get Another DUI in Illinois?

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