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During a recent four-year period, there were more than 4,500 motor vehicle crashes in Illinois roadway work zones, with nearly 1,100 injuries and 27 deaths. With those unfortunate statistics, you can see why the State of Illinois and law enforcement take construction zone traffic violations so seriously.
Getting pulled over for excessive speed or texting on your phone in a work zone can prove costly, and put your driving privileges in jeopardy if you have previous infractions on your driving record. Here is a look at what you could face if convicted of a work zone speed limit or phone violation:
Many drivers incorrectly believe construction zone speed limits only apply if workers are present. The truth is, motorists account for 90 percent of all work zone fatalities, and these limits are primarily posted for the safety of drivers and passengers, typically due to narrow lanes, lane reductions, and edge drop-offs. Traveling at a slower speed gives a driver more time to adjust to these conditions.
Getting pulled over by police while intoxicated or under the influence of drugs can seriously impact your life, as well as your livelihood if your driving privileges are taken away. While Illinois laws are stringent when it comes to driving under the influence, the state sometimes provides relief for those facing their first DUI charge. Statistics released by the state say around 20 percent of first-time offenders are actually convicted. Many are instead required to comply with court supervision, and possible drug and alcohol counseling or driving school.
To effectively navigate the process and achieve the most positive outcome possible, you do not want to represent yourself in court. You should entrust an experienced DUI attorney to handle this critical juncture in your life. Here is a look at DUI charges, potential penalties, and options for first-time offenders:
Whether 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.
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:
Sometimes even the most cautious drivers get pulled over for speeding. You might think a solo speeding violation is no big deal, but that is not always the case. Multiple traffic violations, and even one serious violation, can lead to a suspension of your driver’s license that can negatively impact much of your life.
Here is how a speeding ticket in Illinois works:
Driver’s License Points
Drivers under 21 years of age may lose their license for getting two or more tickets in a two-year period. Drivers over 21 receive an automatic license suspension for three moving violations within 12 months.
If you are convicted of a moving violation, you pay a traffic ticket fine and points are added to your Illinois driving record. The number of assigned points depends on the severity of your violation.
While 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.
Having 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.
Many people throughout the United States use marijuana for medical purposes, recreational consumption, or both. However, even though marijuana has been legalized for medicinal or recreational use in several states, it is still considered a controlled substance in Illinois.
As marijuana laws continue to change, you might be wondering about the current laws and the penalties that could result if you are caught possessing it. Can you be arrested for possessing marijuana in Illinois? If a doctor prescribed medical marijuana for you, can you still get in legal trouble? Should you get an attorney if you are arrested on marijuana charges?
Under Illinois law, it is illegal to possess marijuana unless it is prescribed by a licensed physician. For marijuana use not prescribed by a physician, penalties vary based on the amount possessed:
You have had a couple of drinks with dinner and are sure you are safe to drive home. However, the police seem to think otherwise and the next thing you know, you have their squad car lights flashing in your rear-view mirror. How are you going to talk your way out of this one possibly? Here are a few practices that have helped others avoid a DUI charge during a police traffic stop:
Use Your Right to Remain Silent
You have the right to remain silent, so use it. Too many times clients have tried to talk their way out of trouble, only to make it worse. Police know that if they pressure you to speak, you will often give them more evidence than you intend, which is why they keep the conversation going. Your silence will not be used against you. Politely say that you choose to use your right to remain silent and provide them with their requested documentation.
Weapons charges in Illinois has potentially severe criminal penalties. Punishments run anywhere from a misdemeanor to a Class X felony depending on a variety of factors of the case, resulting in fines to potential jail or prison sentences. These factors include the location of the alleged crime, the number, and type of weapons involved, and the severity of any injuries incurred. Many cases become exacerbated by any previous criminal history or if other charges accompany the weapons charge. Unfortunately, ignorance of the law is not a good excuse in many weapon-related cases. If you face a weapons charge in Illinois, it is a good idea to understand your accusations.
Reckless Discharge of a Firearm (720 ILCS 5/24-1.5)
This law applies to instances when a suspect fires a gun in a reckless manner which endangers the safety of another individual. The code does not explicitly indicate what qualifies as “reckless,” leaving it up to the judgment of the arresting officer and the court. If the suspect were a passenger in a moving vehicle, both the passenger and the driver would receive the charge. If convicted, the resulting penalty is a Class 4 felony which is punishable by one to three years in prison.
Assault and battery charges are undoubtedly harsh accusations with potentially hefty consequences. However, dependant on the circumstances surrounding the case, there are a large number of potential defenses. Time and again, clients approach us with the genuine belief that they were the victim in the situation, rather than what the charges claim. Self-defense is one of the best defenses in violent crime cases, as long as there is supporting evidence. The following evidence must be present to build a winning argument.
A Threat of Harmful Force Existed
Even if you believe you were in danger and acted out of self-preservation, the threat must exist. If the opposition is no reasonable match, either by size, age, or other factors, an affirmative defense argument is more difficult to prove. However, even if your accuser is smaller in stature and weight, if they back you into a corner and raise a hand, you may be right to push them back to gain room to exit the situation.
A lawyer’s time and advice are his stock and trade.
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