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Wheaton, IL DUI Defense AttorneyBeing pulled over by a police officer for any reason can be an anxiety-inducing situation. The scenario can be even scarier if you are under suspicion of drunk driving, especially considering how strict the Illinois DUI laws can be. Police officers are trained to recognize the signs of impairment and will be looking for them in every traffic stop. If an officer suspects that you might be intoxicated or under the influence, he or she may ask you to submit to field sobriety testing and/or a preliminary breathalyzer test. While it is not a crime to refuse to submit, choosing not to cooperate can lead to additional consequences.

Understanding Implied Consent

You may know about or have heard of the term “implied consent.” This refers to the idea that every person who has a driver’s license in Illinois has implicitly agreed to submit to chemical testing of their breath, blood, or urine to determine the amount of a specific drug or alcohol in their system, and refusing to comply with this testing can result in automatic driver's license suspension. What some people may not know, however, is that the implied consent law only comes into play after you have been arrested for DUI. In other words, refusing to take a roadside breathalyzer test will not result in the automatic suspension of your license.

Consequences of Refusing a Chemical Test

If you refuse to submit to a preliminary breathalyzer test or field sobriety testing, this may give an officer reason to arrest you on suspicion of drunk driving. Following an arrest for DUI, you will likely be asked to submit to a chemical test, which is most typically a breath test, although sometimes your blood or urine can be tested instead. It is during this time that consequences can result if you refuse to submit to a chemical test.

According to Illinois’ statutory summary suspension law, a first-time chemical test refusal will result in a 12-month driver’s license suspension. You may be eligible to apply for a monitoring device driving permit (MDDP), which would utilize a breath-alcohol ignition interlock device to monitor your BAC anytime you drive for the duration of your license suspension. A second or subsequent refusal will result in a three-year license suspension.

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Wheaton, IL Domestic Battery Defense AttorneyBeing accused of committing a violent crime in Illinois is a very serious matter to deal with. Specific crimes of this nature can be considered to be domestic if they are committed against certain individuals. Domestic violence can often be difficult to detect, because many victims may be too scared to come forward. When accusations are made, however, they are taken very seriously, and they can lead to harsh punishments. This is why it is important to take immediate action if you are accused of committing a domestic crime.

Battery vs. Domestic Battery

Technically, battery and domestic battery are two different crimes in Illinois. For a battery crime to be considered domestic battery, the crime must have been perpetrated against a family or household member. The state of Illinois defines family or household members as people who have a certain relationship, including:

  • Parents and children
  • Individuals that have had a child together
  • Current or former spouses
  • Romantic partners
  • Family members by blood or marriage
  • People who currently live together or previously shared a home

What Is Domestic Battery?

Criminal charges of domestic battery can be filed if harm or physical contact of an insulting or provoking nature is inflicted upon a family or household member. Typically, domestic battery is charged as a Class A misdemeanor, which means that a conviction could lead to one year in jail and up to $2,500 in fines. If the person that is convicted has a history of violence, there is a possibility that the charges could be increased.

Aggravated Domestic Battery Charges

In some situations, domestic battery can be upgraded to aggravated domestic battery. The use of strangulation or the result of great bodily harm or permanent disability or disfigurement could lead to charges being increased. Aggravated domestic battery is classified as a Class 2 felony, which means that a conviction could result in three to seven years of prison time alongside fines of up to $25,000.

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Wheaton, IL criminal defense attorneyThere has always been some sort of tension between the general public and authority figures in the United States. The perception of law enforcement can quickly change when events such as police shootings take place or reports of police officer negligence are made available to the public. While an encounter with a police officer can be stressful and anxiety-inducing, it is important for you to know your rights in these situations. Improper actions could result in serious criminal charges, such as resisting arrest or noncooperation. Listed below are a few important facts you should know about interacting with the police:

  • You can get in trouble for resisting the officer. One of the worst things you could do when a police officer stops you is to not cooperate with him or her. After being stopped, it is okay to ask if you are free to go; if the officer says no, that means you are being detained or arrested. Being detained is not the same thing as being arrested, but compliance with the officer is still required. Noncompliance or directly disobeying an officer can result in criminal charges that carry fines or jail time.
  • There are certain questions that you must answer if police ask. Most people know that they have the right to remain silent if a police officer begins to ask questions. However, there are certain questions that may require an answer. For example, if you are detained or arrested, an officer may ask for your legal name, age, date of birth, address, or Social Security number. If you do not provide this information, additional trouble and delays in the arrest process may result.
  • Police must read your Miranda Rights. Although a majority of Americans may be aware of their Miranda Rights, there is often some confusion about the legalities attached to these rights. Police officers will have to read your Miranda Rights, but only after you have been arrested and before they begin to question you. Your Miranda Rights include your Constitutional right to remain silent, a statement that anything you say can and will be used against you, and your right to an attorney.
  • Your right to remain silent is a valuable tool. Once you have been read your Miranda Rights, you are not required to provide any information, even if police try to question you. In many cases, it is best to wait for your attorney before you speak. Any information that is revealed because of force by an officer may be inadmissible in court.

A DuPage County Criminal Defense Attorney Can Further Advise You

Being arrested can turn into a long and complicated process, even if you have not been charged or convicted of a crime. Any arrest will create a criminal record that can be seen on a background check. If you have been arrested in Illinois, you should contact a skilled Wheaton, IL criminal defense lawyer. Violations of proper procedures during an arrest could make any evidence or confession inadmissible. To schedule a free consultation, call our office today at 630-580-6373.

Sources:

https://www.isba.org/sites/default/files/publications/pamphlets/Arrested.pdf

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DuPage County traffic violations defense attorney

Not all traffic tickets are created equally. While some traffic violations may only result in a monetary fine, others can result in much more severe consequences and even criminal penalties. All traffic offenses are serious, but some traffic violations can become even more consequential depending on the location. According to the Illinois Road and Transportation Builders Association (IRTBA), in 2017, there were a total of 5,423 work zone motor vehicle crashes, resulting in 1,435 injuries and 30 fatalities, many of which were caused by speeding drivers. In Illinois, construction zones are one of those locations in which you could face criminal penalties for actions that would be considered minor violations in other places.

Work Zone Considerations

Some people believe that they do not have to worry about speeding tickets if the work zone is not currently active, but this is incorrect. Even if there are no workers present in the construction zone, you are still required by law to follow the posted speed limit, or you risk the penalties for speeding in a work zone.

Another fact you should consider is that you do not have to be going “aggravated” speeds over the speed limit to feel the effects of a construction zone speeding ticket. If you are caught speeding in a construction zone, you face a minimum of $375 fine for a first offense and a minimum $1,000 fine for a second offense.

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DuPage County violent crimes defense attorney

Some of the most common violent crimes in Illinois and throughout the United States are assault and battery charges. Statistics show that in 2017, there were an estimated 810,825 aggravated assaults in the United States. Although people often use these terms interchangeably in everyday conversation, they cannot be misused in the criminal justice realm. If you have suffered from a violent crime, it is important to understand how you have been victimized.

Assault and Aggravated Assault

In Illinois, a person can be guilty of assault if he or she knowingly engages in conduct that would lead another person to believe that physical harm could result. This means that contact does not have to be made for assault to be charged. For example, a verbal threat or a simple fist-raising can be enough to initiate an assault claim.

Although assault is classified as a misdemeanor crime, aggravated assault can be charged as a felony if certain factors are present. For example, the victim’s age and occupation could lead to penalties being more severe. In addition, the location of the assault can also increase the charges to aggravated assault. Locations such as a sports venue, public way, or public place of amusement or accommodation can all lead to aggravated assault charges.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

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