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Tag Archives: DuPage County criminal defense attorney

DuPage County juvenile crimes defense attorney

Underage drinking is all too common in today’s world. According to reports from the National Institute on Alcohol Abuse and Alcoholism (NIAAA), 58 percent of teens have had a drink by the time they reach the age of 18. This may be a result of high school parties in which alcohol is present or it may be attributed to moving away from home and going to college by the age of 18. Regardless of when it starts, binge drinking is extremely common between the ages of 12 and 20, forming bad habits before juveniles even reach the legal drinking age. Those individuals under the age of 21 often fail to recognize the ramifications that underage drinking can have on their future and their criminal record. Criminal charges may include alcohol consumption, but there are also a number of offenses that do not require any alcohol to be consumed.

False Identification and Purchasing Alcohol

These are two separate alcohol charges that are often tied together in Illinois. Many young adults may use an older sibling’s ID or have one made that states that they are 21 years old. This can allow those under the age of 21 to enter bars or purchase alcoholic drinks. Although more common with college students, high school students have also been known to use this tactic to obtain alcohol without their parents’ knowledge. Having a fake ID or lending your ID to someone underage is considered a Class A misdemeanor, punishable by up to $2,500 in fines and one year in jail. Purchasing the alcohol in itself is a Class A misdemeanor with a minimum $500 fine. In other words, having a fake ID can often lead to additional criminal charges.

The Possession of Alcohol

The consumption of alcohol is not required for young adults to face alcohol-related charges in Illinois. If those under the age of 21 are found with alcoholic beverages in their possession, they may have their driving privileges suspended for up to one year. This is also true for any minors found transporting alcohol in their vehicles. They will automatically lose their license for one year and may face a $1,000 fine. This charge applies to anyone in the vehicle who is underage, not just the driver.

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DuPage County aggravated assault defense attorney

Being charged with any type of violent crime in Illinois can be a scary situation. The uncertainty of the outcome of your case can be a major source of stress for you and your family. Assault and battery are two of the most common violent crimes that occur in Illinois. Depending on the circumstances of the case, you could face a felony charge and many years in prison if convicted. When you are accused of using a weapon during an assault or battery, your penalties often change and become even more serious. The use of a weapon almost always classifies assault and battery charges as aggravated assault or aggravated battery, both of which come with severe criminal consequences.

Aggravated Assault Charges

Assault is a crime that occurs when a person does something that makes another person reasonably believe that he or she will be physically harmed. Typically, basic assault is classified as a Class C misdemeanor. However, when a person uses a firearm or other weapon during the assault, the charge is elevated to aggravated assault.

If the weapon was not fired during the assault, it is typically charged as a Class A misdemeanor, which carries up to one year in prison and up to $2,500 in fines. If the weapon was fired during the assault, it is charged as a Class 4 felony, or a Class 3 felony if the weapon was fired from a motor vehicle. Class 4 felonies carry a possible sentence of one to three years in prison, while Class 3 felonies carry a possible sentence of two to five years in prison. All felonies have a possibility of carrying up to $25,000 in fines.

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DuPage County criminal defense attorney license reinstatement

There are many ways that you could lose your driver's license in Illinois, but by far, the most common way Illinois motorists lose their driving privileges is by being arrested and/or convicted of driving under the influence (DUI) of drugs or alcohol. According to the Illinois Secretary of State, there were more than 26,000 DUI arrests across the state in 2018. Of those arrested, 90 percent of the drivers who were eligible to lose their driving privileges did have their licenses suspended or revoked. It can be frustrating to deal with a driver’s license revocation, but it can be even more frustrating to deal with the criminal consequences of driving while on a suspended or revoked license.

Punishments for Illinois Traffic Violations

If your driver’s license has been taken away because of a DUI, obeying that suspension or revocation is not optional. If you choose to drive while your driving privileges have been suspended or revoked, you could face criminal charges that could compound your situation. These include:

  • First offense: The first time you are caught driving with a suspended or revoked license, you may be charged with a Class A misdemeanor. This offense is punishable by up to one year in prison and up to $2,500 in fines. This charge comes with a mandatory jail sentence of at least 10 days or 30 days of community service. In addition to any of those penalties, you also face a suspension of your driving privileges for double the original amount of time. If your license was revoked, you face an additional year of revocation.
  • Second offense:  If you are stopped while driving with a suspended or revoked license a second time, you can be charged with a Class 4 felony. In Illinois, Class 4 felonies carry one to three years in prison and up to $25,000 in fines. However, if the initial suspension or revocation was due to refusing a chemical test, reckless homicide, DUI, or fleeing the scene of a collision involving bodily injury or death, the charge is increased to a Class 2 felony. For this offense, there is a mandatory 30-day jail sentence or 300 hours of community service. In addition, you also will receive a license suspension of double the amount of the original period of suspension or an additional year of revocation.

Contact a Wheaton, IL Criminal Defense Attorney 

Being charged and convicted of a DUI in Illinois can result in serious consequences, including the loss of your driver’s license. Life can become increasingly difficult if you are unable to drive yourself or your family members to work or important appointments. At the Davi Law Group, LLC, we understand how much a driver’s license suspension or revocation can affect your daily life. Our skilled team of DuPage County DUI defense lawyers will help you not only receive temporary driving relief during your suspension or revocation period, but we will also help you reinstate your driving privileges once you are eligible. To learn more and schedule your free consultation, call our office today at 630-580-6373.

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DuPage County criminal defense attorney DUI

According to the Illinois Secretary of State, more than 26,000 DUI arrests took place across the state in 2018. Drunk driving charges are taken seriously in the state of Illinois, as even a first offense could result in jail time. Being arrested for a DUI can be an intimidating experience because of the uncertainty involved, and it often leaves people with many questions. One of the most common queries people have after their DUI arrest is, “Am I still able to drive?” The answer to this question depends on a variety of factors and how you decide to handle your case. Generally, the answer is yes, with a few considerations that must be made.

Your License Will Still Technically Be Suspended

If you were arrested because a police officer suspected that you were driving under the influence, you will most likely face both administrative and criminal penalties. Administrative penalties are different from criminal penalties and can run concurrently and be administered without being convicted of a crime. A DUI arrest typically results in an administrative driver’s license suspension, referred to as a statutory summary suspension. 

When you are taken into police custody on suspicion of DUI, you will be asked to complete a chemical test, typically a breath test, to determine your blood alcohol content (BAC). If you fail a chemical test, meaning your BAC is above the legal limit of .08%, or if you refuse to take the chemical test, you will be subject to a statutory summary suspension. The length of time the suspension will be in effect depends on whether or not you refused the test. If you fail the test, you face a six-month suspension, while a refusal will result in a 12-month suspension.

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Naperville, IL criminal defense lawyerFor some Americans, driving is one of the small pleasures in life. Going for a drive gives you a sense of freedom and independence that is unique and unparalleled when compared with other activities. However, for many, driving is more than just a fun activity. It can be a necessity, and being unable to drive can directly affect one's livelihood. Most people would think that a moving violation, or an infraction committed while driving, is the only way to lose your driving privileges. While this is one potential reason why a driver's license may be suspended or revoked, there are many other ways you can lose your legal ability to drive. In fact, some of these circumstances are not directly related to driving, or they may not have anything to do with driving at all. These cases include:

Driving While Under the Influence

One of the most obvious ways you can lose your driving privileges is by driving while you are under the influence of drugs and/or alcohol (DUI). Under Illinois’ statutory summary suspension law, you will automatically have your driver's license suspended if your blood alcohol content (BAC) is more than 0.08 when you were arrested or if you refuse to take a chemical test of your BAC. This suspension will take place even if you are not convicted of DUI charges. If you are convicted, you will face additional penalties alongside the statutory summary suspension. 

Failing to Pay Child Support

The state of Illinois believes that every parent has a duty to financially provide for their children. Because of this, child support orders are taken extremely seriously. If you do not pay your legally mandated child support, or if you fall behind on your payments, you could lose your driving privileges. After three months have passed since your last payment, the process to suspend your driver’s license will commence.

Failing to Pay Fines or Parking Tickets or Appear in Court

If you have more than 10 unpaid parking tickets, your municipality may request to have your driver’s license suspended. Likewise, you can also have your driving privileges suspended if you have failed to pay five or more automated traffic violation fines or fees. If your presence is requested in court, and you fail to appear during your hearing, the court may take away your driving privileges. The Circuit Clerk’s office can request to have your driving privileges suspended.

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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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