Posted on June 13, 2019 in Traffic violations

Street racing could be described as a symptom of “road rage” in that one driver speeds up to not allow another driver to overtake them, thus resulting in both vehicles traveling at a high rate of speed. There are other reasons people street race. Some just do it as a form of competition and entertainment. Whether for entertainment or due to road rage, street racing is considered reckless driving because it puts people’s lives in danger.

Both drivers of the vehicles caught in a street race are putting themselves in danger if the cars collide, but they also put other drivers and pedestrians in danger. There are other people on the road who may not be expecting two cars coming down the road at a high rate of speed.

What Is Street Racing?

According to Illinois law, street racing is defined as:

• Operation of two or more motor vehicles driving side by side while accelerating in an attempt to outdistance each other.

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 Posted on June 05, 2019 in Traffic violations

Keeping a safe distance away from a driver ahead of you is important because you cannot see what is in front of that driver. If the leading driver has to slam on their brakes for whatever reason and you are too close, that could result in a rear-end collision. That type of collision could lead to serious damage or injury depending on the speed of the vehicles.

For this reason, following too closely is considered reckless driving and falls under the Illinois Reckless Driving Law. A violation of this law can result in a Class C misdemeanor conviction punishable by one year in prison and/or a $2,500 fine.

According to Illinois law, no driver should ever be following behind another vehicle too closely. Drivers need to keep in mind the traffic, conditions, and speed of the other vehicle and know that there is a risk of a collision.

To avoid a collision, slower drivers should travel in the right lane to allow faster drivers to pass on the left safely. If the road is only one lane, faster drivers are expected to adjust their speed to keep a reasonable amount of space between the two cars and then pass when it is safe.

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 Posted on May 31, 2019 in Fraud

There are several types of deceptive practices that can be punishable as felony charges in Illinois. The most common deception that goes on today is forgery which is defined by Illinois law as:

• Making or altering documents to defraud another person.
• Issuing or delivering altered documents.
• Possessing with intent to deliver altered documents.
• Unlawful usage of another person’s signature.
• Unlawful usage of another person’s PIN number as an electronic signature.

Forgery is a felony offense in most situations, but the worst punishment of this type of conviction is the damage that it does to one’s personal reputation.

If you are convicted of a forgery charge, others will change the way they see you and question your morals. People will begin to wonder when you are lying to manipulate a situation or if you are trying to harm another person for selfish reasons.

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 Posted on May 24, 2019 in Felonies

In the state of Illinois, there is no specific “grand theft auto” law. So when someone steals a car or other motor vehicle, it is included in Illinois’ general theft law. This means, if someone is caught in possession of a stolen vehicle, they will face felony charges and all the punishments that come with them.

Defining Vehicular Theft

As stated above, the act of stealing a motor vehicle falls under the Illinois Theft Statute which includes several incriminating acts:

• Taking unauthorized control of another person’s property.
• Using deception to take control of another person’s property.
• Threatening the owner to take control of their property.
• Knowingly taking property that has already been stolen from another person.

In the cases of vehicular theft, the automobile is the property that cannot be taken control of. The exception is if the owner gives permission for the alleged thief to borrow the vehicle for an agreed upon period of time.

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 Posted on May 14, 2019 in Underage Drinking

Even though the legal drinking age in the United States is 21 years old, underaged drinking happens all the time. Especially if the minors are not being given proper parental supervision. In Illinois, there is a zero tolerance for underage drinking and driving under the influence . The Illinois Zero Tolerance Law states that anyone under the age of 21 that is caught driving under the influence will lose their driving privileges.

DUI vs. Zero Tolerance Penalties

A driver under the age of 21 who is pulled over for suspected DUI can be issued either a simple DUI charge or a Zero Tolerance charge or both. This decision is made solely by the officer who makes the traffic stop.

The officer makes his or her decision based on the results or refusal of the field sobriety test and the chemical test that is taken on site.

• According to Illinois law, if a person under the age of 21 is charged under the Zero Tolerance Law, they are punished by:

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 Posted on May 10, 2019 in Traffic violations

According to Illinois law, reckless driving is defined as operating a motor vehicle with disregard for the safety of those sharing the road. Most often people think of examples such as speeding or driving under the influence of drugs or alcohol.

Turn signals were added to vehicles as a safety precaution so that there could be clear communication between fellow drivers. So, failure to properly signal when you are turning or changing lanes is included in the reckless driving law in Illinois.

Why Should I Use My Turn Signal?

It is such a simple thing to do and yet most drivers fail to signal at least once in their lifetime. In a recent study done by the Traffic Law Headquarters, two million crashes a year are caused by simply not using the turn signal.

A turn signal is important because it:

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 Posted on April 25, 2019 in DUI

Throughout the U.S., the number of states with either legalized medical or recreational marijuana, or both, is on the rise. With that comes an increase in incidents of driving while under the influence of cannabis and more focus from law enforcement on busting impaired drivers. If you have been charged with driving under the influence of drugs, it is critical you enlist the help of an experienced criminal defense lawyer immediately. 

Drugged Driving in Illinois 

Here in the state of Illinois, medical marijuana is legal for approved applicants under the Compassionate Use of Medical Cannabis Pilot Program Act, signed in 2013. Since the induction of the program, the Illinois Department of Public Health (IDPH) has approved over 42,000 applicants for legal consumption of marijuana for medicinal purposes. Driving under the influence of marijuana though can come with significant criminal punishment, whether you are a legal medical marijuana cardholder or not.

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 Posted on April 19, 2019 in DUI

Here in the state of Illinois, law enforcement is always on the lookout for drunk drivers. According to the Illinois Secretary of State’s Office, police made 27,046 DUI arrests in 2017 alone. According to Illinois state law, there are a number of factors that can cause a DUI to be elevated from a misdemeanor to a felony. In these cases, the DUI becomes an aggravated DUI. 

What Constitutes an Aggravated DUI? 

In the vast majority of cases, a DUI is charged as a misdemeanor. When aggravating factors justify the DUI to be designated as a felony, the legal ramifications can be substantial. This includes mandatory jail time to the loss of driving privileges for as long as a decade.

Third or Subsequent DUI Conviction

One of the most common aggravating factors is a third DUI conviction. Here in the state of Illinois, this constitutes a Class 2 felony. If convicted, the offender could face up to seven years in prison. In the event of a third DUI, the court may decide you are no longer capable of driving with a standard driver’s license and suspend it for up to 10 years. At that point, you can obtain a Restricted Driving Permit (RDP). If you can adhere to the rules and regulations of an RDP, for five consecutive years, you may be able to apply for full license reinstatement. 

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 Posted on April 10, 2019 in Criminal Defense

Here in the state of Illinois, misdemeanor charges can come with significant criminal punishments. While some people underestimate the potential impact of a misdemeanor when compared to a felony, the long-term ramifications of a conviction can include difficulty securing employment, housing, or loan opportunities. Legally speaking, a misdemeanor can result in jail time and significant fines. 

Below we will discuss what crimes could lead to a misdemeanor conviction, and what you should do if you have been charged.

Misdemeanor Crimes in Illinois

According to Illinois state law, there are a number of crimes that can ultimately result in a misdemeanor charge. Assault or disorderly conduct (examples of disorderly conduct include public intoxication or a violation of noise ordinances) constitute a Class C misdemeanor. This is the least severe of the three misdemeanors, but can still result in up to 30 days in jail, a two year probation period, and maximum fines of $1,500. 

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 Posted on April 04, 2019 in Criminal Defense

After being charged with a crime, it is important to understand the potential long-term ramifications. Outside of possible jail time, significant fines or loss of driving privileges, a misdemeanor or felony conviction can impact many aspects of your life. Many individuals with a criminal charge on their record face difficulty finding employment, securing housing, and receiving financial loans. 

Some criminal charges are eligible for expungement or a record seal, which remedy many potential complications in life. The expungement process can be complex and difficult, however, and requires the guidance of a skilled criminal defense lawyer. 

Understanding the Expungement Process 

An expungement is a court-ordered process that allows the legal record of an arrest to be erased from a person’s criminal record. Eligibility for expungement depends on the type and severity of the crime. Here in Illinois, expungement is possible in a large number of cases. If you were arrested for a misdemeanor or felony, but never convicted, you will likely be able to have the charges expunged. In other cases, you can file for expungement after completing a mandated suspension, or in the instance of a conviction reversal or dropped charges. 

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