Chicago
Wheaton
Blog
When you drive a commercial truck for a living, much is at stake if you are charged with drinking and driving. Because Commercial Driver’s License (CDL) holders are responsible for valuable cargo and operate such heavy machinery, they are held to a higher standard than the average driver. Fighting a DUI charge as a CDL holder can be daunting on your own. A Wheaton, IL DUI defense attorney will fight aggressively to protect your rights and try to help you avoid a conviction that could negatively impact your career.
According to the Illinois DUI Factbook, the blood alcohol concentration (BAC) limit for a standard licensed driver in the state is 0.08 percent. It is illegal to drive at or above that limit. For commercial truck drivers, the standards are higher, with a legal limit of 0.04 percent. For the average male weighing 170 pounds, just two drinks can put you over the threshold for a CDL holder, and the consequences of a DUI conviction can be devastating.
Driving with a suspended or revoked license is against Illinois law and the penalties vary on a case-by-case basis. Facing this charge alone, without a more thorough understanding of the laws that apply, could be detrimental to your case. An Illinois traffic violations attorney will walk you through the legal process of facing criminal charges, ensuring that your rights are protected and that you understand the potential penalties and legal options in your case.
Illinois Vehicle Code 625 ILCS 5/6-303 states that being in physical control of a vehicle on a public road while your license or permit is suspended or revoked is an offense. The penalties you may face if convicted can vary based on the following factors:
Resisting arrest is a serious charge in Illinois, with the potential for significant consequences. If you are accused of resisting arrest, you need to understand the possible legal defenses you could use. Defendants can challenge these criminal charges in various ways, depending on the circumstances surrounding their arrest. If you are in this situation, speak with a qualified Illinois criminal defense lawyer as soon as possible so we can begin working on the best defense strategies for your case.
One of the most common defenses in resisting arrest cases is that the defendant had not intended to resist arrest. Under Illinois law, you need to intentionally obstruct or resist a peace officer who is lawfully executing their duties to be charged. This means that if you had not meant to resist or obstruct the officer, your lack of intent could give you a valid defense.
Smartphones have made it easier than ever to record interactions with law enforcement. Many people use their phones to document police conduct, especially during traffic stops, protests, or other public encounters. However, there are questions about the legality of filming the police and whether you can get arrested for doing so in Illinois. A skilled Illinois criminal defense attorney can discuss any questions or concerns you may have about criminal charges.
The short answer to this question is no, although a more nuanced extension of that answer would be "but it depends." Under the First Amendment, you have the right to record public officials, including police officers, as long as you are in a public space where you have the legal right to be. If you are in a park, on a sidewalk, or somewhere else in a public area, you can typically record a police officer without needing to worry about getting arrested for it.
While most teenagers know that it is illegal for minors to buy alcohol, many do not stop to think about how others suffer if they use a fake ID to buy it anyway. Store clerks, bartenders, and business owners who respect the law will check customers to make sure they are of legal age to buy and drink. However, if you are given very realistic fake IDs and unintentionally sell alcohol to minors, you could end up in serious legal trouble, and you will need a qualified Illinois criminal defense attorney to help.
According to Illinois law, it is illegal to sell or even give alcohol to anyone who is younger than 21 years old. Liquor store workers, bartenders, waiters, business owners, and homeowners are all obligated to follow this law, and a fake ID does not change that. According to the law, if you sold or gave alcohol to someone you should reasonably have known was underage despite what the realistic ID said, you can still be held accountable, and you could even go to jail for it.
Anyone who likes watching cop shows or listening to true crime podcasts has probably heard the term "person of interest," but many have never stopped to think about what it might feel like to actually be named one in a criminal case. This designation means that the police investigating a crime believe you have information that could be helpful to their investigation. It does not mean you are a suspect, although it can put you under the spotlight and you may be unsure about your legal obligations. A knowledgeable Wheaton, IL criminal defense lawyer can help you navigate this situation while protecting your rights.
"Person of interest" is not actually a formal legal designation, but it is a term that law enforcement officers use to describe someone who is under scrutiny as they investigate a crime. This is not the same as a suspect, who they believe may have committed the crime. Instead, it might be someone connected in some way to the case, a suspect, the victim, or someone who might, for some other reaso,n have information that could help solve the case.
With a new president sworn in after a contentious election, not to mention various global developments that people feel passionately about, we can expect to see political protests in and near major cities across the country in the coming weeks and months. Additionally, DuPage County is home to several colleges and universities. Since these tend to be common locations of such protests, we can expect to see many in our own backyard, on either side of the political spectrum.
Political protests are legal and included in the free speech protections established in the First Amendment of the U.S. Constitution. However, when protests get out of hand and become violent riots, protestors can find themselves facing criminal charges. If you intended to demonstrate as part of a peaceful protest but are facing charges because other people turned the event into a chaotic riot, contact an Illinois criminal defense lawyer to understand your rights and options.
Ghost guns are a great example of a product existing in the market before the law has had a chance to catch up and address it. These are real, functional firearms that you can assemble at home, typically with kits that you can buy online and parts that you can 3D print for yourself. The resulting guns are fully functional but because they are not traditional firearms, they are unregistered and do not have serial numbers, and are therefore untraceable.
With ghost guns becoming more prevalent in recent years, there is some confusion about legal implications and regulation. If you are facing weapons charges related to the possession of a ghost gun, speak with a qualified Wheaton, IL criminal defense lawyer who can explain your options.
Ghost guns are the DIY version of firearms. The idea is similar to how you can either go to a furniture store to buy a closet that will be delivered to your home ready-to-use or go somewhere like Ikea to buy a kit to build your own closet. You can go to a store to buy a gun, but depending on where you are, you can be subject to a waiting period and a background check, and your gun and its serial number will be registered to you.
Police officers are meant to serve and protect the community. Many of them do this important job well. However, some officers abuse their power. When police misconduct happens, it can lead to false charges, unfair treatment, and even wrongful convictions. When you work with Davi Law Group, LLC, you can benefit from legal guidance from our team of experienced Illinois criminal defense attorneys who are committed to defending our clients against criminal charges and fighting back against police misconduct.
Police misconduct is when police officers break the law or violate someone’s rights when they are supposed to be doing their job and upholding the law. This can take many forms, including:
Being charged with committing a crime in Illinois does not mean you begin a trial right away. Before a trial can even start, there is the "pretrial" stage, which includes several important steps, including pretrial motions.
Either side in a case - the defense and the prosecution - can make these requests to the judge before the trial starts, and they can have a significant impact on how the trial plays out. If you are facing criminal charges, speak with a qualified Wheaton, IL criminal defense lawyer to understand how best to protect your rights.
A pretrial motion is a formal request made by either side in a case to the judge to decide about something before the trial begins. Motions can ask the judge to dismiss a case, exclude certain evidence, or establish specific rules about how the trial will proceed. The judge reviews the request and decides whether to grant or deny the motion. Pretrial motions have the potential to greatly impact a trial, or whether the case will even go to trial at all.
A lawyer’s time and advice are his stock and trade.
28371 Davis Parkway, Suite 103, Warrenville, IL 60555
(630) 657-5052
(888) 350-9195
1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189(630) 580-6373(888) 350-9195
321 N. Clark Street, Suite 900, Chicago, IL 60654(312) 985-5676(888) 350-9195
58 N. Chicago Street, Suite 102,(815) 582-4901(888) 350-9195
