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Recent Blog Posts

Can I Refuse to Take a Breathalyzer Test in Illinois?

 Posted on January 08, 2020 in DUI

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.

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What Are Domestic Battery Charges in Illinois?

 Posted on December 31, 2019 in Violent Crimes

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:

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What You Need to Know if You Are Arrested in Illinois

 Posted on December 18, 2019 in Criminal Law

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.

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What Are the Penalties for Speeding in an Illinois Construction Zone?

 Posted on November 22, 2019 in Traffic Violations

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

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What Is the Difference Between Illinois Assault and Battery Charges?

 Posted on November 12, 2019 in Violent Crimes

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.

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What to Do (and Not to Do) When You Are Pulled Over by Illinois Police Officers

 Posted on October 25, 2019 in Traffic Violations

Wheaton traffic violations defense attorneyHearing sirens and seeing flashing blue and red lights behind you is never a good feeling, especially if you are unsure why you are being pulled over. Some people panic when this happens, while others become extremely anxious and nervous. No matter the reason you are being pulled over, your behavior and actions during the traffic stop can influence the outcome of the stop. There are certain things that you should and should not do when you are pulled over by police. Here are a few tips to follow if you are pulled over by a police officer in Illinois:

  • As soon as you notice police are trying to pull you over, immediately slow down and look for a safe place to stop. If there are no immediate places to safely pull over, put your hazard lights on while you look.

  • Once you have safely pulled over, roll your windows down and keep your hands in plain view, such as in your lap or on the steering wheel. Do not reach for anything unless the officer has asked you to do so.

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To Fight or Not to Fight? Dealing With an Illinois Traffic Ticket

 Posted on October 04, 2019 in Traffic Violations

Wheaton traffic violations attorneyThere are plenty of ways you can get a traffic ticket in Illinois — running a red light, not fully stopping at a stop sign, forgetting to use your blinker while you are turning — the list goes on and on. Traffic tickets can range anywhere from a correctable violation, such as a broken tail light, to felony criminal charges, such as aggravated speeding or reckless driving. For many people, getting a ticket means paying the fine and dealing with the consequences, but in some cases, it can be beneficial to fight the traffic ticket rather than accept it. Some traffic tickets can be charged as criminal offenses and can carry jail time, which is much more serious than just paying a fine. If you have gotten a traffic ticket, it is important that you understand how to minimize the consequences you may face.

Should You Fight the Ticket? Factors to Consider

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Can I Claim Self-Defense When Facing Assault or Battery Charges?

 Posted on September 23, 2019 in Criminal Law

DuPage County criminal defense attorneyViolent crimes are serious charges that come with significant legal consequences. Many violent crimes can easily escalate to felony charges, which can mean expensive fines and lengthy periods of jail time. Sometimes, actions that led to assault or battery charges may have been taken to defend yourself against another person. The state of Illinois recognizes that you have the right to protect yourself, your property, or other people if there is a threat present. In certain situations, you have the right to perform an act of force that would otherwise be an illegal act if it was not done in self-defense. If you have been charged with a violent crime such as assault or battery, and you believe you acted in self-defense, you should seek immediate assistance from a criminal defense attorney.

Defending Yourself or Others

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How Can I Lose My Driving Privileges in Illinois?

 Posted on September 07, 2019 in Traffic Violations

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

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What Are Unlawful Use of Weapons Charges in Illinois?

 Posted on August 22, 2019 in Weapons Charges

DuPage County weapons charges defense attorneyLike many states across the United States, Illinois has strict gun laws in place that are meant to protect its citizens. To legally possess or purchase a firearm, you must obtain a Firearm Owners Identification (FOID) card and meet all eligibility requirements. Even then, there are many rules that you must follow when owning and possessing a firearm. Other weapons, such as knives, brass knuckles or bludgeons, are strictly regulated in Illinois. If you are charged with unlawful use of a weapon (UUW) in Illinois, you could face misdemeanor or felony charges, depending on the situation. 

Misdemeanor UUW Charges

In certain situations, a UUW will result in a misdemeanor charge. You can be charged with a UUW misdemeanor if you:

  • Sell, manufacture, purchase or possess a black-jack, slung-shot, bludgeon, sand bag, knuckle weapon, sand-club, ballistic knife, or switchblade knife;

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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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.