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Tag Archives: DuPage County defense attorney

IL DUI lawyerWith 27,000 DUI arrests and 330 alcohol-related crash deaths in Illinois in 2017, you can understand why law enforcement and the courts take drunk driving offenses so seriously. Still, the State of Illinois also knows people can make one bad decision that should not necessarily devastate their life.

With that in mind, the state has options available for first-time offenders and other individuals who qualify so they can still earn a living and largely maintain their previous daily routine. One option is a breath alcohol ignition interlock device (BAIID), which around 12,000 Illinois residents have in their car at any given time.

BAIID Devices in Illinois

A BAIID is a breathalyzer device that tests a driver’s blood-alcohol content (BAC) and captures an image of the driver behind the wheel. If the driver registers a BAC of anywhere from .000 to .024, the vehicle’s ignition will function as desired. Anything .025 and above, it will not start. In addition to a test to initially start the vehicle, other tests are required at random intervals during each trip.

To be eligible for a BAIID, an individual cited for DUI must first apply for a monitoring device driving permit (MDDP). If granted, the BAIID is then installed in their vehicle for the duration of their court-supervised driver’s license suspension.

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IL defense lawyerWhile getting caught with drug paraphernalia is typically considered less serious than a drug possession charge, that is not always the case. It is illegal to possess drug paraphernalia in Illinois, and penalties can be severe and costly, regardless of whether it was discovered along with narcotics.

What Is Drug Paraphernalia?

Illinois’ Drug Paraphernalia Control Act defines drug paraphernalia as equipment or materials (other than those used to produce methamphetamine, which is covered in the Methamphetamine Control and Community Protection Act) intended to plant, grow, harvest, test, store, conceal, or consume a controlled substance. Related devices used to smoke marijuana, cocaine, hash products, synthetic drugs, or other substances include various forms of pipes and bongs. Also included are drug manufacturing kits, testing equipment, and cutting agents.

Drug Paraphernalia Charges

Anyone caught with drug paraphernalia with the intent to consume a controlled substance can be charged with a Class A misdemeanor, with a fine between $750 to $2,500 and up to a year in jail. That is a more serious charge than getting caught with less than 10 grams of cannabis, which as a Class B misdemeanor, carries up to six months in jail and a maximum fine of $1,500.

Selling drug paraphernalia is more serious than possession under Illinois law. An individual who sells or delivers it may be charged with a Class 4 felony, with a minimum fine of $1,000 and up to a year in prison. If the seller is over 18 years old and the recipient is a minor, that constitutes a Class 3 felony, punishable up to five years in prison and $25,000 in fines. A knowing sale to a pregnant woman is a Class 2 felony, punishable up to seven years in prison and $25,000 in fines.

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IL defence lawyerWhether at college or in their hometown, young adults are often tempted to do whatever it takes to get into bars before they turn 21 years old, the legal drinking age in Illinois and across the U.S.

That desire leads some to acquire fake identification. This may include using someone else’s ID as their own, presenting another person’s information at an Illinois license branch to get a new ID, or obtaining one through an individual or business that sells them. While it might seem like a victimless crime in order to have some fun, the state of Illinois does not see it that way.

Fake ID Penalties

In Illinois, it is illegal to possess, use, distribute, or help someone get a fake driver’s license or ID card. At a minimum, your license can be suspended for up to a year for any of those offenses.

You could be charged with a Class A misdemeanor, with up to a year in jail and a $2,500 fine for:

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IL defense lawyerWhile drinking alcohol before the age of 21 is considered a rite of passage by many, Illinois law enforcement and the legal system do not see it that way. For a minor charged with the illegal consumption of alcohol or driving under the influence (DUI), the penalties are no laughing matter. If your child has been charged with an offense related to underage drinking, you should work with an attorney who can help you understand how to minimize any resulting difficulties.

Illegal Alcohol Consumption in Illinois

The consumption, possession, purchase, or receipt of alcohol by someone under 21 is punishable by a three-month driver’s license suspension for an offense that results in court supervision. That suspension increases to six months for a first conviction, one year for a second conviction, and driver’s license revocation for any subsequent convictions. Anyone under 21 who transports liquor can be assessed a maximum $1,000 fine. The driver could face a one-year license suspension for a first offense and a one-year license revocation for additional offenses.

Underage Drinking and Driving

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IL defense lawyerHaving a criminal record can affect various aspects of your life, including job opportunities, housing options, and even admission into many schools. Even if a charge is dismissed, it can remain on your record. Fortunately, people with criminal records have the ability to clear their record through the process of expungement.

An expungement is a court-ordered process that erases the legal record of an arrest or criminal conviction in the eyes of the law, which can vastly improve your ability to get a job, qualify for a mortgage, or gain admission to an educational institution. Once an arrest or criminal conviction is expunged, it no longer needs to be disclosed on job or housing applications by the person who was arrested or convicted. A record that has been expunged is destroyed, and it will not show up in public records inspections or background searches performed by potential employers and other companies or institutions.

Not Eligible for Expungement?

In cases where a record is not eligible for expungement, it may be eligible for record sealing. Record sealing does not erase a record the way that an expungement does, but instead keeps the record confidential. When a record is sealed, it will not show up in common employment background checks, but may be available for law enforcement and in a few other select circumstances. Various misdemeanor convictions, along with certain felony offenses, are eligible for sealing.

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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
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Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
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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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