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If you have a commercial driver’s license (CDL) and face DUI accusations, you likely have many questions about how the charges may impact both your personal and your family life. As a professional driver, you are held to a higher standard than the typical everyday driver. DUI has severe consequences for all drivers, but for a CDL holder, you risk losing your license for a year or more, depending on the circumstances. As you probably know, if you do not have a license, you do not have a job with your CDL. It is essential to retain the services of an experienced DUI attorney to protect your way of life and your future.
In Your Personal Vehicle
While you are not “on the clock” or working, you are welcome to relax and enjoy an alcoholic beverage, if you so choose. However, be aware that if your blood alcohol concentration exceeds the legal limit of 0.08% and you decide to drive, you put your professional driving career on the line, even if you are in your personal vehicle. You face potential CDL disqualification for one year.
The shock of a DUI charge is sobering. Many of those standing accused become riddled with questions, such as, “How will this affect my future?” and “What should I do next?” DUI charges are severe accusations in Illinois, potentially resulting in criminal punishments. Not only do you face losing your right to drive, but you also may receive a criminal record. You may have already made one mistake too many at this point. Avoid making further errors by following these best practices.
Do Not Speak to Police without an Attorney
The police tell you when reading you your rights that you have the right to an attorney and anything you say can, and will, be used against you. Although they may say it out of habit, you should heed their warnings. Police receive specialized interrogation training, enabling them to elicit as much information out of a suspect as possible before they realize they have said too much. Do not wait until you have said more than you should. Retain an experienced attorney immediately before you say anything. Prevention is preferable to overcoming incriminating evidence.
Police officers frequently begin questioning potential suspects immediately upon initial contact. Questioning does not necessarily indicate that anyone is detained or arrested. Does that mean that you do not have to cooperate with the cops? In short, you have the right to remain silent, at least initially. There are pieces of information that are pertinent, and you should share with the questioning officer; however, you do not necessarily need to share any other information beyond those initial questions.
What Is Initially Required
Maintaining a polite demeanor throughout the experience often goes a long way toward helping your case. Being polite does not mean helping them build a case against you, however. If you are in a public place, the only information you are required to give is your name; which is only valid if the officer suspects you have committed or are committing a crime and they announce themselves as police personnel. Cops may also ask you to give your address and a reason for your behavior. You do not have to answer either of those questions legally.
Cocaine is considered one of the most addictive of all controlled substances; second only to heroin. The drug has medical usefulness, such as during anesthesia, but on the streets, it is highly illegal. Cocaine not only has severe and lasting physical effects on the body but can also result in lasting legal repercussions. Illinois state laws and lawmakers have stiff penalties in place to deter residents from becoming involved. Here is what to expect should you face cocaine possession accusations in Illinois.
Potential Penalties
Being found in possession of a controlled substance is a felony. Controlled substances in Illinois include heroin, cocaine, morphine, amphetamines, and anabolic steroids, to name a few. The potential penalties vary between drugs as well as the amount of the material thought to be in the suspect’s possession. Possession of cocaine is a Class 1 felony, which is punishable by a minimum fine of $200,000 as well as time in prison. The length of the prison sentence increase with the amount of cocaine found at the scene. Currently, the sentences are:
One of the perks of living in and around a big city is that everything is within walking or biking distance. Traditionally, with the better weather of summer months comes an increase in cyclists. We also find a correlating rise in the number of cycling while intoxicated cases. The incidents do not occur often enough for everyone to know the Illinois repercussions; however, the episodes are not entirely uncommon either.
The Legal Answers
It is common knowledge that driving yourself home in a motor vehicle after having too much to drink is dangerous for yourself, your passengers, and for everyone else on the road. Most people opt to have a designated driver, a cab, or a ride share take them home in those circumstances. However, when the weather is right, a bike ride does not immediately seem like a poor decision. Yet, there are unperceived dangers as well as potential legal complications to doing so. Under Illinois State law, a vehicle is anything that transports a person or property from one location to another, except if it is human powered. Meaning, your feet, and your bicycles are not vehicles. Therefore, taking a bicycle home is unlikely to result in a DUI charge, since you are not operating a car. A DUI on a bicycle is only possible under the following conditions:
Fewer people physically write out checks today than ever before. The plastic forms of payments are more convenient for quick payments. However, with the ease of payment comes a certain level of forgetfulness when it comes to balancing the checkbook. Even the small sums add up over time, reducing the overall amount of available funds. Mistakes happen when obligations are overlooked, sometimes resulting in what is known as a “ bounced check.” If this happens in Illinois, you could face criminal charges.
How Does a Check Bounce?
You may be wondering how you bounced a check, especially if you no longer have a checkbook. If you use an online billing payment service through your bank or enter your check information in a payment screen, there is a possibility that your bank will physically mail a check to the biller for processing; a process that may take several days. While there may be money in the account when you send the payment, if the funds are no longer available when it processes, the check will return to the person who tried to cash it rather than their promised money. In other words, it “bounces” back to them. Transactions do not necessarily deduct from the account in the order of payments, either. Financial institutions follow a schedule, allowing higher priority payments to process even before pending transactions.
When is the last time you checked the validity of your driver’s license? For most people, your license is in good standing. We assume that if our license is suspended, we would know. However, many Americans drive around daily with a suspended license without any idea that they are breaking the law. The Illinois Secretary of State suspends driving privileges for a variety of reason, and in some cases, there is no reason for anyone to let the driver know. Driving with a suspended license becomes a legal predicament if an officer pulls you over.
How Licenses Become Suspended
Your driving privileges may be temporarily withdrawn or suspended for a period of time. In many situations, the suspension is due to an unpaid fine, traffic violation or other driving-related infraction. Yet, there are reasons for suspension that have nothing to do with driving at all. These are a few of the offenses that may result in an invalid license:
The Miranda Rights have been around for 50 years, yet many are unsure of the appropriate usage. These rights, also known as the Miranda Warnings, explain to a suspect being placed under arrest what their rights are in the situation. Most officers have presented the statement so many times, they rush through it haphazardly, without giving proper emphasis to allow the receiver to understand the message entirely. Although in television shows and other media all suspects are “Mirandized”, it is unnecessary for some situations. However, if the officer did not read you your rights when they should have, your case may be overturned in court.
What Are the Miranda Rights?
The Miranda Rights are named after Ernesto Miranda, the plaintiff in Miranda v. Arizona. Police accused Miranda of stealing $8.00 from an Arizona bank worker. After hours of grueling questioning, he finally confessed not only to the robbery but also to kidnapping and rape. Police never explained that he had a choice to concede; nor that he could hire an attorney. He was initially found guilty; a ruling which was later appealed when the Supreme Court ruled that the evidence was inadmissible because the officers never made him aware of his Constitutional rights. Since this case, any officer arresting someone for interrogation must recite the following:
It happens every day: a person goes to an establishment that serves alcohol, consumes enough to be intoxicated, then drives home, but gets in an accident or stopped by the police for DUI. What leads to the result is drinking too much alcohol. The person who drank the beverages carries the majority of the burden of the outcome. However, bartenders, servers, and business owners may share some of the responsibility.
Illinois Dram Shop Laws
“Dram shop” is derived from a time in our past when liquor establishments used a “dram” as a standard unit of alcohol measurement. Now, 43 states, including Illinois, have dram shop laws which hold business owners, bartenders, and servers financially accountable if someone drinks too much at their establishment then injures or kills someone or causes property damage. All responsible parties risk being sued if the business serves someone that is “obviously and visibly” drunk. Not only that, but those responsible may also face criminal charges. It is a Class A Misdemeanor to sell, give, or deliver alcohol to a visibly intoxicated person. Penalties include fines between $500 and $2,500 and a year in jail. Also, liquor licenses can be fined, suspended, and even revoked.
There are over 16 million active concealed carry licenses in the United States; almost 250,000 are Illinois licenses. With all of these licenses comes the responsibility to adhere to both local and state laws, without putting anyone in danger. Mistakes are common, especially in the period shortly following licensure. However, when armed with a deadly weapon, these mistakes must be eliminated or kept to a minimum. Concealed carry mistakes can be harmless, but they could also be fatal under the right circumstances. Avoid potentially severe implications by avoiding these common carry errors.
Exposing Your Weapon
Concealed carry is precisely that: concealed. Therefore, if you are wearing your firearm on your body, ensure it remains hidden at all times. Also, be cautious of printing, which is when a shirt presses against a weapon leaving a print, making everyone aware of the gun's presence. Although this mistake happens without malicious intent, it is best to avoid it. Most people are oblivious to their surroundings; however, if you bend over and your weapon flashes, someone may notice. When a person does notice, and it takes him or her by surprise, the following call to emergency services is likely panicked and will result in a swarm of police officers.
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