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How to Reinstate an Illinois Driver’s License After a DUI
In the state of Illinois, even just one conviction of driving under the influence of alcohol or drugs will revoke the offending driver’s license for a certain amount of time.
Minors who drive while intoxicated will be charged under the zero-tolerance law and lose all driving privileges for at least two years. Adults can have their license revoked for life depending on the amount of DUI convictions they have on their record.
Illinois Restricted Driving Permit
Not having a valid driver’s license is impactful especially for adults who have to commute to a job. They could lose working time if they do not have a car in order to get to work on time.
Teenagers who drive to school have a similar problem and can miss school time without transportation.
To fix this problem, Illinois allows some DUI offenders to apply for a restricted driving permit. This court-approved document allows a driver to attend school or work but does not allow pleasure or leisure driving.
What Happens When an Illinois Order of Protection is Violated?
Domestic violence affects one in four women nationwide. Unfortunately, many acts of abuse are not reported and therefore are not stopped. The reality is that silence about abuse can lead to the death of the victim. Those who do report domestic violence can then issue an order of protection against their abuser. In the state of Illinois, violation of this court-ordered document is a misdemeanor offense that can be elevated to a felony offense against second-time violators.
What Is an Order of Protection?
After reporting the domestic violence, a victim can hire an attorney and ask them to file for an order of protection against their abuser. Typically, this order is issued when the victim and abuser are relatives or spouses.
Once the alleged abuser has been given the order, it stops them from:
Victims of “Revenge Porn” Can Now Collect Compensation
In 2015, the state of Illinois made the act of distributing “revenge porn” a felony offense. This crime is when a person distributes private, intimate photos and videos without permission of the person in the images.
Illinois amended the Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act - which covers revenge porn - so that victims of revenge porn can collect compensation starting the first of 2020.
What is Revenge Porn?
Typically, revenge porn occurs after a nasty breakup. One ex-partner unlawfully sends intimate material from their ex-partner in order to get back at them for the breakup. According to national statistics, 90 percent of revenge porn victims are female.
Under Illinois’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, revenge porn includes pictures and/or videos of:
Higher Fines for Certain Traffic Violations in Illinois
In 2019, the Illinois State Police issued 5,860 tickets for violators of Scott’s Law. This law protects law enforcement officials during traffic stops by requiring drivers to give enough room when they see stopped police vehicles on the road.
Of the violations in 2019, the ISP reported that 27 police cruisers were struck and three officers were killed. In an attempt to protect Illinois officers, the state government amended Scott’s Law so that punishments are more costly to violators.
How Has Scott’s Law Changed?
Scott’s Law was passed in 2002 to protect Illinois law enforcement officers. This past year, there were more violations than in 2016, 2017, and 2018 combined.
Violators of Scott’s Law used to be fined $100 for first offenses, but this year, fines have been doubled to $250. Subsequent offenses will cost no less than $750. Additionally, each violation of Scott’s Law will be punished with a $250 fine that will fund education of this law.
No More Statute of Limitations for Illinois Sex Offenses
The new decade brought over 250 new laws - or amended laws - to the state of Illinois. The changes affect a variety of law topics, but the majority are classified under criminal law. Of course, many people quickly became aware of the legalization of recreational marijuana, but a fortunate amendment to one bill affected domestic violence and sexual offenses. As of the first of the year, there is no longer a statute of limitations to prosecute major sex crimes in Illinois.
The Law: Then and Now
Illinois law previously had a limited amount of time in which a prosecutor could take an alleged sex offender into litigation. A typical sex crime case includes offenses such as:
- Rape
- Sexual harassment
- Sexual abuse
- Sexual assault
Can You go to Jail for an Illinois DUI Conviction?
The state of Illinois is strict when it comes to punishments for driving under the influence of drugs and/or alcohol. However, first-time convictions generally have penalties that help an offender not repeat the offense as opposed to sending them to prison.
First-time DUI convictions are considered Class A misdemeanors and come with revocation of the driver’s license for one year. Additionally, vehicle registration will be suspended for a set amount of time.
Blood alcohol concentration (BAC) also plays a role in DUI penalties; if a first-offender has a BAC of over .16, they will have to pay a fine of $500 and participate in 100 hours of community service.
When Does Jail Become a Punishment?
First-time offenders should only be punished with jail time if their DUI offense occurs while they are transporting another person under the age of 16 years old. This is assuming no other charges are issued during the crime.
How Is Breaking and Entering Punished in Illinois?
The state of Illinois classifies breaking and entering as a burglary charge regardless of if there were stolen items or not. It is a crime that needs only intent to commit another crime in order to be punishable as a felony.
Illinois law also charges breaking and entering crimes for more than just buildings or households. Burglary can be committed against trailers, aircraft, boats, cars, and public buildings (i.e. schools).
Understanding the Law
Burglary is charged against an offender when they knowingly - and without permission - enter a home, car, etc… of someone else with the intention of committing theft or another felony crime.
If the offender is found without having caused damage to the property and without taking any possessions, they will be charged with a Class 3 felony. Punishments for this crime include a fine of $25,000 and a jail sentence of no more than five years.
Understanding Illinois Kidnapping Violations
The state of Illinois has multiple laws that cover kidnapping and other similar crimes that relate to kidnapping. The general definition as written by Illinois law says that kidnapping is the act of taking, restraining, and hiding another person against their will.
This victim does not have to be a child, though punishments for abducting a child are more severe. It is also more common for the victim to not know their abductor, but crimes such as parental kidnapping do exist in Illinois.
Regardless of the relationship to the victim, abductors who are caught can face felony charges and be punished by means of jail time and monetary fines.
What Types of Kidnapping Does Illinois Punish?
The most common type of abduction is a random stranger encounter. This is when an alleged kidnapper singles out a random victim and then carries out the crime for whatever reason. Another common kidnapping happens within a broken household; a divorced person without custody of their child may attempt to kidnap the minor from the other parent to get revenge on their ex-partner.
Does Illinois Punish Joyriding the Same as Vehicular Theft?
Joyriding is one common reason people steal motor vehicles. However, unlike vehicular theft, joyriding is usually a temporary theft that ends in either the thief returning the vehicle to where they found it or they abandon it when they are finished with it.
Illinois defines joyriding as vehicular trespass as opposed to theft which is punishable as a misdemeanor offense. Vehicular theft, on the other hand, is a felony with penalties that increase in severity based on the value of the vehicle that was stolen.
Joyriding Versus Vehicular Theft
Illinois punishes joyriders less severely than car thieves because the vehicles are usually returned to where they were stolen from - this is why it is easy to apprehend those who joyride.
Those who joyride will face a Class A misdemeanor which can be punished as one year in prison and/or a fine of up to $2,500.
How to Avoid Illinois Penalties while Driving in Icy Conditions This Winter
Temperatures are dropping which means icy weather is coming soon to the state of Illinois. This means the roads will start to become slick and drivers should adjust their habits to stay safe while traveling. The most common reason accidents happen on the road during winter is speeding when people do not realize they are driving on ice. If a car is traveling at a fast rate of speed and suddenly must stop, it can start to slide, potentially putting others at risk.
Under Illinois law, aggravated speeding is a misdemeanor traffic offense that is punishable with fines, loss of driving privileges and jail time. However, if a driver causes an accident due to their lack of safety on the road, they could also face reckless driving charges, pay compensation to injured victims, or face charges of vehicular homicide if someone is killed.
What Is Aggravated Speeding?
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