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Recent Blog Posts
How Does Photo Enforcement for Speeding in Construction Zones Work in Illinois?
Knowing the rules of the road in Illinois is necessary to stay safe and avoid any unwanted fines. Speed limits in construction zones are one of the basic rules that most people are aware of, but how are they enforced? If you face fines, license suspensions, or even jail time for traffic violations, do not hesitate to get the guidance of a seasoned criminal defense attorney in Illinois. Developing a strong defense when presenting your case or contesting any charges that you feel are unwarranted is easily achieved when you have a lawyer you can trust on your side.
Photo Enforcement in Kane County
Any driver who violates construction zone speed limits in Illinois can face steep fines and charges, but that is to protect both workers and all drivers. If you ever get impatient in a construction zone, remember that according to a study conducted in 2015, drivers are more likely to be victims in work zone accidents than workers. Because of this, speeding in a construction zone can lead to at least $375 fine for the first offense, a minimum of $1000 for the second, and a driver’s license suspension for up to 90 days if the second offense occurred within two years of the first.
Illinois Supreme Court Expands Possible Reasons for Warrantless DUI Testing
Although blood testing or breathalyzer tests in traffic stops are generally acceptable under Illinois law, a recent Illinois supreme court ruling suggests that this rule is subject to a bit more interpretation. As such, it is important to remember the need for experienced and aggressive legal defense from a skilled DUI attorney. Even in cases that face charges of any kind, there might be ways to tone down any fines or sentences depending on the circumstances.
People v. Eubanks
On December 21, 2009, Ralph Eubanks was allegedly driving a borrowed car and hit Maria Worthon and son Jeremiah. According to testimony at the time, Eubanks was driving between 80 or 90 miles per hour without his headlights. Maria died in the accident and her son suffered severe injuries. Ralph wound up with consecutive sentences that summed to 40 years. However, these charges were reached because the prosecution relied on blood and urine tests that were taken hours after the arrest without a search warrant.
What Are the Consequences of Driving Too Closely to a Cyclist in Illinois?
Following the Illinois Rules of the Road can keep you from any fines, having your license revoked, and any further felony punishments. In doing so, you will also ensure your and others’ safety. As a driver, you have a responsibility to share the road properly with bicyclists, pedestrians, and horse-drawn vehicles. There are relatively new, specific laws that dictate how you are supposed to share the road, which we will explain in detail below. If you are ever charged with a traffic violation, defend your case and minimize any charges with the help of an experienced traffic violations attorney.
Illinois’ New Bike Laws
New laws that took effect in 2018 state that you must leave a “safe distance, but no less than three feet” when passing a bicycle or individual on the road. To help support this safe distance, the law allows drivers to pass in no-pass zones. A very common mistake is for drivers to feel too uncomfortable with crossing over the double yellow line, and they hardly leave enough room for the cyclist who they are overtaking. However, there is a catch. Passing cyclists is only legal if the cyclist is traveling at less than half of the posted speed limit. Also, if there is just too much traffic to prevent the guarantee that you will be able to create enough space between your vehicle and the bicycle, you should not take the chance. All of these rules apply to pedestrians and horse-drawn vehicles.
Governor Signs New “Cocktails to Go” Law in Illinois
As COVID-19 changes how we live, some laws are changing or being created so that businesses can adapt accordingly. Staying informed on these changes is important, since they will give you more options with which to safely enjoy time with family and friends during the coronavirus pandemic, and they can help keep your favorite local businesses afloat, too! A recent and drastic change in alcohol laws gives you some new freedoms as a driver. If you are wrongly accused of breaking these new laws or you are charged with having an open container of alcohol in your vehicle, it is still very important to reach out to a trusted DUI attorney to thoroughly defend your rights.
The New “Cocktails to Go” Law
Up until recently, alcoholic beverages purchased at a restaurant or bar had to be consumed on the premises and nowhere else. However, as so many businesses face economic hardship due to COVID-19, the Illinois legislature is trying to make appropriate and necessary adjustments to help support the economy while keeping people safe. For that reason, you can now order ‘cocktails to go.’
How Can a Misdemeanor Affect My Job Prospects in Illinois?
Anyone with misdemeanor or felony charges on their record used to have to fear that they would be automatically disqualified from a prospective job, but recent federal and state legislation helps provide an even playing field for all job applicants, regardless of what their criminal record looks like. Employers have a little leeway in determining whether any past convictions should bar you from the job you are applying for, but there is a much greater chance that anyone can make it much deeper into the hiring process before those discussions arise. If you ever need help determining if your criminal record can be sealed or expunged, or if you think a potential employer is violating any of the laws discussed below, reach out to an experienced criminal defense attorney.
The Illinois Job Opportunities for Qualified Applicants Act
On January 1, 2015, the “Job Opportunities for Qualified Applicants Act” took effect. Prior to this, employers were allowed to inquire about applicants’ criminal records during the application process. This typically led employers to make a swift negative judgment of anyone with a felony or misdemeanor on their record, even if the applicant was more than qualified for the job in question.
Changes to Illinois Order of Protection Laws in 2020
Domestic abuse charges have many possible outcomes, one of which is that an order of protection will be placed against the accused. In 2020, the rules regarding how an order of protection is allowed to be issued are changing slightly to grant victims of domestic abuse more safety. However, if you are accused of domestic abuse, this new rule could change how your case plays out. During divorce proceedings or if you believe you have been wrongfully accused of domestic violence, speak with an experienced domestic violence attorney to protect your rights.
New Order of Protection Laws in Illinois
Before 2020, the accused party in a domestic abuse case would be notified of any order of protection filed against them. In some cases, this encouraged abusers to contact them and potentially make these situations worse. However, the new bill that took effect in 2020 will allow orders of protection to not be available publicly until they have been served. If an OOP was served to you, this could mean that it would take longer to contest the order if it is unjustly strict or not representative of the relationship you had with your ex-partner.
How Do I Know if My Criminal Record Can Be Sealed in Illinois?
Criminal records can restrict access to employment, housing, bank loans, school admission, and more. It is possible to expunge or seal these records depending on the nature of the crime. None of this will happen automatically, and you will have to work proactively with a highly-capable criminal defense attorney to ensure that your criminal record does not prevent you from enjoying certain privileges in the future.
What Crimes Can Be Sealed
Having a crime expunged from your record means that you eradicate it and it will never have an impact on you in the future. Not all crimes are eligible for this treatment, but many more are allowed to be sealed. This means that the crime in question will not be used against you in a background check and will not be available in the public record, but law enforcement will have access to your record and it will be available via court order.
If you were charged with a misdemeanor or a felony but were never convicted, you can seal your record at any moment. The exception to this rule is for minor traffic offenses, but if you were released before being charged with such, you can still seal your record.
How Have Marijuana Laws Changed in Illinois as of January 1, 2020?
A lot changed in Illinois at the start of this year regarding how marijuana can be purchased and consumed, but there are still some restrictions to follow. Understanding these laws is important to safely use marijuana and avoid violations. If you or a loved one are charged with violating any of these laws, build a sturdy defense with an experienced criminal defense lawyer.
Illinois Marijuana Laws
Technically, adult use of recreational marijuana was legalized on January 1, 2020, in Illinois. This only applies to marijuana purchased from licensed dispensaries, and the private purchase and sale of cannabis remain illegal.
Just like alcohol, you must be 21 or over to purchase marijuana. Before this fullscale legalization, medical marijuana was available to those with a medical marijuana card. Those are no longer required to purchase cannabis, but anyone with such cards is subject to discounts and priority access to retailers’ stocks.
Does a Restraining Order Affect Visitation in Illinois?
Regardless of the exact circumstances, child custody gets especially complicated if there are allegations of domestic abuse against you. If you are wondering if you will be able to visit your children after a former partner or spouse has filed a restraining order against you, the short answer is yes, but each case can play out much differently. To protect your rights in determining child custody and visitation, work with an accomplished domestic abuse attorney to put your best case forward in court.
How Visitation Rules Change in a Domestic Violence Case
As in any divorce case, the court will consider many baseline factors when determining child visitation and custody. This includes the parents’ wishes, the child’s wishes, the child’s other familial relationships, the child’s relationship with his or her community, the parents’ and the child’s physical and mental health, and how much either parent wants to encourage their child to deepen their relationship with the other parent. However, whether either parent is a sex offender or if there are accusations of domestic violence against one of the parents, the case takes a much different shape.
How Is Stalking Punished in Illinois?
Domestic abuse comes in many forms. Mostly, it is physically harming another member of the household. However, the act of stalking a person can be considered domestic violence especially if the victim has an order of protection against the stalker.
Stalking is a form of intimidation and the goal of a stalker is to make their victim feel uneasy whenever they leave their home. In today’s technological world, stalking has also jumped to social media which can be just as harmful to the victim. This is why stalking is a felony offense that comes with jail time and fines as punishment for the crime.
What Is Stalking?
A person commits a stalking crime in a variety of ways. Most people think that simply following someone is the only form of stalking, but Illinois law also defines stalking as:
- Conduct which makes a specific target fear for their safety or the safety of someone they care about
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