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DuPage County weapons charge defense attorney, gun laws, Illinois crime rate, gun control debate, weapons chargesThe laws surrounding firearms are under constant debate. Social media and politicians alike frequently use Chicago’s notorious criminal history to their advantage in an attempt to sway voters. Somehow, Chicago simultaneously falls on both sides of the gun control debate as a demonstration of the effectiveness of harsher firearm regulations. Meanwhile, Illinois residents find themselves in the middle of this countrywide argument and are left wondering how all of the changes affect current weapons charges.

How Does Illinois Rank?

Chicago became the center of debate once again after a speech claimed that not only did Chicago have the strictest gun laws in the country, but it also has the worst gun violence. Having the most stringent gun laws in the country may have once been valid; however, this is no longer the case.

In 2010, handguns once again became legal within the state followed by the cessation of the state gun law registry in 2013. Without these two laws, Illinois ranks as number 8.

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DuPage County criminal defense attorney, DUI, riding drunk, DUI charges, DUI arrestYou plan a night out. Since you know you will be at an establishment serving alcoholic beverages, you prepare in advance for the required designated driver. Since you will not be behind the wheel, you plan to let loose and have that extra drink of choice. On the way home, the police pull the car over; however, you have nothing to fear. You are safe in the passenger’s seat, and you know beyond a shadow of a doubt that your driver drank only water and soda all night. Much to your dismay, the officer begins questioning you as a passenger. Can you receive a DUI for riding drunk as a passenger?

Mind Your Manners

At any traffic stop, it is important to stay calm, quiet, and polite, regardless of being a driver or a passenger. An officer in most cases will ask if you know why you are being pulled over. Do not answer this any other way than “no,” because any information given to him or her can and will be used against you. After that, he or she may let you know his or her suspicions and may ask for the driver's license and registration. He or she may also ask passengers for identification. As a passenger, you are not required to give an officer anything. Nevertheless, intentionally withholding identification may lead to further investigation. An officer who believes there is illegal activity can detain a passenger, potentially leading to arrest.

Etiquette that may help the situation includes:

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Wheaton traffic attorney, traffic court, traffic court date, traffic misdemeanor, traffic citationWith busy lifestyles, minor details become lost in the shuffle. We forget where we put our car keys, we forget to respond to that last text message for a few days, and we miss appointments. But what happens if one of those appointments we accidentally forgot to show up for was traffic court? Find out how Illinois courts respond. 

Can I Still Drive?

On the back of an initial citation, there are instructions on how to respond. You do not need to go to court for minor petty traffic offenses. There is an option to pay for the ticket. However, this is not always the wisest solution. By paying, you plead guilty to the charges, and you risk the possibility of points being added to your license. If you do opt to go to court, you do so instead of paying the fine. If you miss your court date, however, the county circuit courts will forward the information that you failed to appear to the Secretary of State, who, in turn, will automatically suspended your license.

Will I Go to Jail?

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Wheaton criminal defense attorney, surveillance footage, criminal cases, video evidence, criminal accusationsThey say, “seeing is believing,” when obtaining the truth in many situations. The same idea holds true in a criminal investigation and trial. For decades, attorneys have used chalkboard markings, flip charts, x-rays, maps, diagrams, 3D models and photographs to help the jurors determine the truth behind the story. Advancements in technology in more recent years have catapulted us away from the use of chalkboards and stick figures to digital videography of an incident as it occurs. Today, a surveillance tape video can show multiple angles and enhance audio sound recordings. However, video surveillance is still not a “foolproof” method to prove any case.

Someone is Always Watching

Video surveillance systems sales have skyrocketed recently. Marketing executives everywhere continuously push the debatable argument that these cameras reduce crime and protect the purchasers. The goal of most buyers is to provide evidence should an alleged criminal event arise. However, many of these recordings are not admissible as evidence. Most business owners and homeowners do not spend the necessary money to have a quality surveillance system.

A few common problems with video evidence include:

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Wheaton DUI defense attorney, DUI charges, drinking and driving, drunk driving, drunk driversMany drivers mistakenly believe that if they drive carefully after having a couple of alcoholic beverages, then the police will have no reason to suspect drunk driving. This erroneous concept likely stems from the mental image of inebriated drivers drifting between lanes, failing to maintain a constant speed, and failing to come to a complete stop at stop signs. While this scenario exists, the error in judgment is the belief that if someone can sufficiently operate a motor vehicle and obey traffic laws, police will have no reason to suspect alcohol consumption.

Officers understand that more drunk drivers are on the road between certain hours in the vicinity of bars, clubs, and other drinking establishments; therefore. they intentionally look for other reasons to pull over drivers.

Driving Too Carefully is Suspicious, Too

According to The AAA Foundation for Traffic Safety, nearly one-third of all drunk driving related fatalities occur on weekends. Statistics also show that the highest number of drunk drivers are on the road between midnight and 3 A.M., and fatal crashes are four times higher at night than during the day. This information may be slightly skewed as police actively look for reasons to pull people over during those hours, hoping that once the window rolls down, they can collect further evidence of alcohol consumption. In fact, there are several cases in which an officer pulled a driver over because they were “driving too carefully” and it seemed suspicious. Many drivers find themselves pulled over for minor, non-moving violations, such as:

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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.

 

 

 

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