Posted on August 31, 2019 in Traffic violations

The state of Illinois defines reckless driving as anyone operating a motor vehicle with a willful disregard for the safety of other people sharing the road and/or crossing the road. Driving at night without a vehicle’s headlights illuminated can be an act of reckless driving because it is harder for a driver to see the road without the lights on.

Reckless driving charges are usually punishable as misdemeanor offenses, but depending on the seriousness of the outcome, the charges can be elevated to felony offenses.

According to Illinois law, all vehicles are required to have either two or one working headlight; two headlights for cars/trucks and one for motorcycles. The lights must be illuminated during nighttime hours or during the day when:

• The weather is dangerous: rainy, snowy, icy, foggy
• Driving through mountainous roads
• If there are signs indicating lights should be used

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 Posted on August 24, 2019 in Traffic violations

Teenagers across the country are excited about turning 16 years old because they will be able to earn their driver’s license and operate a motor vehicle on their own. However, not all of them realize that it is very easy to lose driving privileges and driving with a suspended license can lead to serious traffic violation punishments.

Drivers can have their licenses suspended - or revoked - as a result of many other traffic offenses:

• DUI
• Failure to appear in court for a traffic violation
• Parking restrictions if a driver receives 10 or more parking violations, they will have parking restrictions on their license
• Automatic suspension issued if a driver fails to pay five or more fines for previous traffic violations
• Family Financial Responsibility Law, which can be court-ordered for driving privileges to be suspended if a person does not pay their child support

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 Posted on August 17, 2019 in Search Warrant

Illinois police will be authorized to perform a search and seizure for a number of different crimes, including suspicion of drug possession and/or sale. However, there are rules that officers must follow in order to legally perform their duties.

Officers are not permitted to simply enter a private home without a warrant for the search and seizure. The Fourth Amendment of the United States Constitution protects a person in their own home from unreasonable searches.

What Is an Illegal Search and Seizure?

The Fourth Amendment says that a person is safe in the privacy of their home, documents, and effects from seizure and that no warrants will be issued unless there is probable cause for the search. This differs from the early days of the amendment when “general warrants” were issued and homes could be searched with no evidence at all.

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 Posted on August 09, 2019 in Underage Drinking

There is a minimum drinking age in the United States for a reason. The law was put into place because there are a number of concerns when teenagers or younger drink alcohol. Minors under the age of 21 years old will face misdemeanor charges if they are caught drinking alcoholic beverages. However, there are also several health and social consequences that underage drinking can lead to.

In Illinois, there is one exception when it comes to possessing alcohol and that is for those who are bartenders. Establishments may hire those as young as 18 years old to distribute alcohol to customers, but they still cannot consume the drinks themselves.

Buying and Selling Alcohol to Minors

It is unlawful for any person(s) under the legal drinking age of 21 years old to buy or attempt to buy alcoholic beverages with the help of a fake ID. First offenders will have their driver’s license suspended for three months and be under court supervision for six months. Subsequent offenses turn the suspension into a one-year term and court supervision will be required for the full year as well.

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 Posted on July 31, 2019 in Traffic violations

The state of Illinois observes a special law when it comes to stopping for an ambulance or any other emergency vehicle. Scott’s Law - also known as the “Move Over” Law - was created in memorial of Scott Gillen, a Chicago firefighter who was struck and killed while assisting victims in a crash. The drunk driver of the vehicle that killed Gillen did not leave enough room when traveling around the accident. If a driver does not obey Scott’s Law or give room to a moving emergency vehicle - such as a police car or an ambulance - they are committing a traffic violation punishable by fines and even prison time.

Why It Is Important to Move Over for Ambulances

If you see an ambulance driving down the road, more times than not they are en route to saving someone else’s life. If their lights are flashing, it is a real emergency and those on the road are required by law to slowly drive as close to the right side of the road as possible. This will give the emergency vehicle more room and a more clear path to their destination.

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 Posted on July 24, 2019 in Traffic violations

Illinois law says that bicyclists have as much of a right to drive on roadways that cars have. If they choose to ride on the road, they must follow all the same rules that motorists have to obey in their cars.

It is considered reckless driving if a motorist collides with a bicyclist because car drivers must be aware of bicyclists when approaching crosswalks. However, there are situations in which a collision between a bicyclist and a motorist could be the bicyclist’s fault.

Rules for Bicyclists Driving on Roadways

In 2018, Illinois law was modified to make it legal for bicyclists to drive on the shoulder of roadways. The riders would have to obey the rules of the road, use hand signals when turning, and if riding in a group, they must ride single file so as not to take up space on the road for cars.

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 Posted on July 17, 2019 in Traffic violations

It is mandatory in the state of Illinois to have car insurance for every automobile that is operated on public roads. Drivers without car insurance will be charged with a traffic violation as well as be charged with breaking Illinois’ Mandatory Insurance Law.

The Illinois Law states that drivers should have vehicle liability for the amounts of at least:

• $25,000 for personal injury or death of one person in an accident.
• $50,000 for multiple persons injured or killed in an accident.
• $20,000 for property damage of another person.

Anyone who is caught driving without insurance - or if a driver without insurance causes an accident - will have their license plates suspended. They will also face one or two fines: a minimum of $500 for driving without insurance and a minimum of $1,000 for driving with suspended plates after already being charged with driving without insurance.

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 Posted on July 10, 2019 in Criminal Defense

One of the biggest ways to celebrate the Fourth of July is to light off and/or watch a fireworks display. However, if you were caught setting off fireworks in Illinois, you are most likely currently facing misdemeanor charges.

Illinois is one of only six states in the country that have banned consumers from purchasing and lighting fireworks on their own. The crime is punishable by a Class A misdemeanor enforced by a fine of up to $2,500 and a prison term of one year.

What Is Acceptable in Illinois?

While larger fireworks are not legal for purchase in Illinois, those who want to celebrate on July 4th can legally buy novelty items. The American Pyrotechnics Association reported that Illinois residents can celebrate with sparklers, smoke machines, snappers, and party poppers among other items that are less likely to cause injury.

Items that are illegal in Illinois include, but are not limited to:

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 Posted on June 28, 2019 in BAIID

Every state has different rules when it comes to DUI convictions . There are punishments such as fines, jail time, and suspension of licenses after a conviction is made. In Illinois, first-time offenders - and subsequent offenses - are required to drive with a Breath Alcohol Ignition Interlock Device (BAIID).

The purpose of a BAIID is to stop offenders from drinking and driving. The device is installed into the automobile and drivers will have to breathe into the tube to start their car. This is similar to a breathalyzer used during a traffic stop. If someone has a blood alcohol content (BAC) of over 0.025, the car will not turn on. Anything lower than 0.025 will allow the car to start without a problem.

In the past, DUI offenders would have someone else breath into their BAIID in order to start their vehicle. So, along with the device, a camera will also be installed into the car to capture images of the driver performing their breath test.

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 Posted on June 21, 2019 in Domestic Violence

Children living in a split-parent environment are more likely to be abused by a step-parent than a biological parent. However, it is not inevitable that a step-parent will abuse or neglect a child that is not theirs. Parents who are not living full-time with their children may be more protective and just want to know that their child is not suffering any domestic violence or neglect. If signs of possible abuse are detected, a parent can call the Illinois Department of Child and Family Services (DCFS) to start an investigation.

According to Illinois law, a parent is required to report possible abuse when the evidence is present. The law also requires doctors, teachers, law enforcers, day care workers, and any other persons close to the child to report possible abuse so that the child can be protected. If the abuse is not reported, those who failed to do so can face Class A misdemeanor charges.

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