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DuPage County criminal defense attorney DUI

Typically, Thanksgiving is one of the most dangerous times of the year on our nation’s roadways. Those who get together with family and friends during the holiday often drink alcohol, and when combined with increased amounts of travel, this can lead to car accidents caused by drunk driving. Things may be somewhat different in 2020 since concerns about COVID-19 are leading many to stay at home and avoid large gatherings. However, a large number of people will still be engaging in holiday travel and get-togethers, and because of this, Illinois law enforcement officials will be on the lookout for drunk driving, and they will be prepared to arrest those who are suspected of driving under the influence (DUI).

Law Enforcement Efforts to Reduce Drunk Driving Deaths

Hundreds of traffic fatalities occur during the Thanksgiving holiday every year in the United States. Even with the extraordinary circumstances that have affected people’s lives in 2020, the National Safety Council (NSC) has estimated that nearly 500 people will lose their lives between Wednesday evening and Sunday of Thanksgiving weekend. To help prevent car accidents, the Illinois State Police and other local law enforcement agencies will be conducting increased safety patrols. These patrols will continue through Monday, November 30, and they are likely to lead to high numbers of DUI arrests.

A driver may be charged with DUI if he or she is found to be driving with a blood alcohol content (BAC) over the legal limit of .08 percent. In many cases, when police pull a driver over on suspicion of drunk driving, they will ask the driver to submit to field sobriety tests or take a portable breath alcohol test. Motorists are allowed to refuse these tests, although doing so may give an officer probable cause to make an arrest.

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DuPage County criminal defense attorney juvenile theft

Being arrested and charged with a crime can be a frightening experience for anyone, but it can be especially worrisome for minors. Children who are still maturing may make mistakes without realizing the consequences of their actions. Unfortunately, juvenile offenses can impact a child’s future, affecting his or her ability to find a job or pursue education. Juvenile theft is one of the most common charges that minors may face, and parents will want to understand the procedures that will be followed in juvenile courts and the potential consequences their child may face.

Juvenile Court Cases Involving Theft

Minors may be charged with multiple different types of theft. Charges related to shoplifting or retail theft are among the most common, but children may also be arrested on suspicion of offenses such as motor vehicle theft or theft of property. The severity of the charges will depend on the value of the property stolen. For example, retail theft of items valued at $300 or less is a Class A misdemeanor, but retail theft of property worth more than $300 is a Class 3 felony.

When minors are arrested on suspicion of theft, they will be taken into police custody. In some cases, officers will choose to release a child without charging him or her with a crime, or they may give a child a “station adjustment” in which he or she is released to the parent or guardian without being formally charged with a crime as long as he or she meets certain conditions, such as performing community service.

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DuPage County criminal defense attorney DUI

If you have taken a driver’s education course in the state of Illinois, you have likely seen informational videos about the dangers of driving intoxicated. They often show graphic car accident scenes, emotional testimonies from family members who have lost loved ones, and a dramatic moment when the police officer asks the driver to blow into their gun-like device, commonly known as a breathalyzer. Rightfully so, these videos are meant to scare Illinois drivers into driving sober at all times. While it is never a good idea to drive after multiple drinks, many motorists will still get behind the wheel after a few too many. You may think that you will never find yourself in this situation, but it is important to be aware of the laws surrounding chemical testing if you are ever stopped by an officer.

Implied Consent in Illinois

As a teenager sitting in your driver’s ed class, you may not have been paying as close attention to every detail as you should have. Many Illinois drivers are unaware of the state’s implied consent law and find themselves in hot water as a result. According to Illinois law, anyone with a state driver’s license has given their consent for law enforcement to conduct chemical testing of breath, blood, and/or urine to determine your state of intoxication. Typically, an officer will ask drivers to submit to a breath test before moving ahead with any other blood alcohol concentration (BAC) testing. If asked to blow into a breathalyzer for such testing, Illinois residents must comply or face an automatic license suspension. Your actual BAC has no weight on this suspension. In other words, if you are completely sober or know that you are well under the 0.08 percent BAC limit and refuse the test on principal, you will still face this license suspension.

Are Breathalyzers Always Accurate?

Even if you have submitted to a breath test and the results label your BAC as being 0.08 percent or higher, an experienced DUI defense lawyer can still defend your case. Breath tests are not the most accurate testing for BAC since there are a number of factors that can impact the results. Particular substances in the mouth can produce inaccurate results depending on the amount of alcohol vapor that they emit. Traces of alcohol found in mouthwashes, breath fresheners, and medication can skew the readings from the test. Like any form of technology, there is room for errors with the software, calibration, or device altogether. The officer should perform more than one breathalyzer test to ensure that the results are consistent. If only one test was performed, an attorney can use this to his or her advantage in formulating your defense. These are just two examples of possible errors that may occur during breathalyzer testing. If you are asked to blow into a breathalyzer, be sure to remember the exact details of the situation so you can provide your attorney with a detailed account if your BAC is found to be greater than 0.08 percent.

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DuPage County criminal defense attorney traffic violation

Road work areas are a common sight on Illinois roads. While they can be a nuisance, leading to slow traffic and difficulty navigating unfamiliar traffic patterns, they can also lead to serious consequences for drivers who commit traffic violations. Failure to follow traffic laws in construction zones can result in expensive tickets, and drivers may even face criminal charges in some cases.

Construction Zone Speeding Violations

The speed limit is usually lowered in work zones, and signs will be posted notifying drivers that they must reduce speed and displaying the fines a person may face for speeding in a construction zone. Work areas are often closely monitored by police officers, or photo enforcement may be used to ensure that motorists are taking the proper measures to protect the safety of workers. Drivers are required to follow work zone speed limits even if there are no workers present.

For a first offense of speeding in a construction zone in Illinois, a driver will face a minimum fine of $375. Any subsequent violations will result in a minimum fine of $750. A second offense within two years will result in the suspension of a person’s driver’s license for 90 days.

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DuPage County criminal defense attorney aggravated speeding

Getting a speeding ticket is never pleasant, but if it happens to you, you may at least expect that the worst that can happen is you will have to pay a fine. However, in some situations, speeding in Illinois can result in significantly greater penalties, including criminal charges. It is important to be aware of the extent of the consequences you may face for speeding so that you can determine whether you need an attorney to help you contest the charges.

When Is Speeding a Criminal Offense in Illinois?

The severity of possible penalties for speeding depends on how far above the speed limit you were traveling and the area in which the violation occurred. In general, speeding offenses that can result in Illinois criminal charges fall under the category of aggravated speeding, which is defined as driving more than 25 miles per hour over the posted speed limit. Specifically:

  • Traveling between 25 and 35 miles per hour above the speed limit is a Class B misdemeanor, with potential consequences including up to six months of imprisonment and up to $1,500 in fines.

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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.

 

 

 

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