Driving Under the Influence DUI/DWI
Illinois makes it a crime to “drive or be in actual physical control” of any vehicle while under the influence of alcohol, intoxicating compounds, or drugs, anywhere in the State of Illinois. The DUI law also prohibits driving or being in actual physical control with a BAC of .08 or greater, or with 5 ng of THC in whole blood or 10 ng in other bodily substance, such as urine (with a limited section for Illinois medical cannabis cardholders). In addition, it is per se illegal to driver or be in actual physical control of a vehicle in Illinois with any amount of any other illegally-used drugs or compounds (or their metabolites) in one’s body.
Driving is considered a privilege in Illinois, and drivers are presumed to have given their consent to have their breath, blood, or urine tested after an arrest for DUI. A person can always refuse this testing (unless the police have a warrant, of course)—and it is generally wise to refuse all testing unless and until the police obtain a warrant. Illinois law provides penalties for refusing post-arrest breath, blood, and urine testing, in the form of a driver’s license suspension known as a “statutory summary suspension” (there is also a suspension for taking and failing the test, however). There is no penalty for refusing pre-arrest testing.
If you or someone you love has been charged with DUI/DWI, please do not hesitate to contact our firm. Not only is it very possible that you or your loved one has a defensible case, but it is also possible that we may be able to save your driver’s license from a statutory summary suspension. Because the license suspension takes effect 46 days after refusing or failing the post-arrest test, timing is critical in these cases. Please call us right away for a free consultation.
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Traffic Violations
The most common-committed type of offense in Illinois is a traffic offense. Traffic violations, including speeding, improper lane usage, improper turn, failure to reduce speed, etc., can certainly disrupt our client’s lives, by risking an increase in insurance premiums, and in some cases, even the possible loss of driving privileges. Certain types of traffic offenses, including aggravated speeding (26 mph or more over the limit), driving while suspended or revoked, reckless driving, and leaving the scene of an accident, are misdemeanor offenses carrying the possibility of jail time. Other serious offenses, including passing a stopped school bus, speeding in a school zone or a construction zone, “Scott’s Law” violations, and operating uninsured, do not ordinarily carry the possibility of jail, but carry risks of license suspension (either by themselves or in combination with other tickets). We are available to represent both area residents and travelers in resolving traffic tickets received in many Central Illinois counties.
For commercial drivers, especially CDL holders, convictions for traffic violations—regardless of whether they were committed in a Commercial Motor Vehicle (CMV)—can threaten or even end careers. Some offenses, such as operating while suspended or disqualified, can be particularly worrisome, but even ordinary “moving violations” are problematic for many truckers. While non-CDL holders can benefit from court supervision in Illinois, supervision is of no value in protecting one’s privileges to operate a CMV, and thus we look for ways to resolve CDL matters by pleading only to non-moving violations. Overweight tickets are commonly written in Sangamon County, and we routinely negotiate with prosecutors to lessen the financial impact of such tickets.
Whether you are unable to attend your court date, have concerns about the ticket, or are simply seeking to avoid insurance increases and possible license suspension, please contact our firm. Our experience traffic lawyers will understand your problem and can help keep you on the road.
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License Reinstatement
If you have been convicted or a DUI or certain traffic violations in Illinois, you may be subject to license revocation or suspension. In Illinois, a suspended license can be reinstated after a period of time (and payment of a fee), while a revoked license cannot be reinstated unless and until the Secretary of State is convinced, through the administrative hearing process, that the driver has met the burden to prove that he or she should be reinstated. For Illinois residents, hardship permits are generally possible to permit limit driving (such as for work, school, or medical appointments) while suspended or revoked, but such permits also require success at an administrative hearing. Our experienced attorneys have helped many clients regain their driving privileges. Please call our office to set up a free consultation today.
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Narcotics / Drug Crimes
Illinois, like most states and the federal government, does not permit the possession, sale, distribution, or manufacture of certain controlled substances including heroin, cocaine (including crack), and methamphetamine. Possessing less than 10 grams of cannabis (marijuana) is no longer criminal under Illinois state law, although it remains unlawful. Possession of 10 grams or more (or the sale of any amount) of cannabis remains a crime under state law; in addition, possession of any amount of marijuana remains a crime under federal law. Drug crimes are some of the most common types of cases we see in our practice. If you or someone you love has been charged with a drug crime, contact our office and talk to one of our experience criminal defense lawyers today.
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Domestic Violence
Unfortunately, sometimes good people let their emotions get the better of them and act out physically in their relationships. Other times, their domestic partners have an ax to grind and falsely accuse them of domestic battery. In either event, domestic battery is a very serious charge, and carries serious consequences upon conviction, including the lifelong loss of gun ownership rights anywhere in the United States (pursuant to federal law). If you or someone you love has been charged with domestic battery, violation of an order of protection, or domestic violence of any kind, contact our office for your free consultation today.
Theft and Other Property Crimes
Property crimes can come in many forms. Sometimes our clients are charged with credit card fraud, sometimes identity theft, sometimes shoplifting (“retail theft”), but regardless of the type of offense it is, the charge is a serious one and a conviction can be used against an individual as evidence of character for up to ten years after the conviction and sentence. Thankfully in Illinois, dispositions that do not involve jail time or (sometimes) even a conviction can be avoided if our client takes the right steps. Please contact our experienced criminal defense attorneys to discuss your options today.
Sex Crimes
Sex crimes are among the most serious charges we deal with in our practice. The allegations are inherently serious, and the effects can be lifelong if our client is convicted of a sex offense. The sex offender registry (though the Illinois Supreme Court does not consider it punitive) is in our mind is one of the harshest consequences involved in these cases. The category of sex crimes includes a lot of different types of conduct ranging from statutory sexual abuse/assault or sexual misconduct based on the alleged victim’s age, disability, or special relationship to the accused, forcible sexual abuse/assault, to sex trafficking and child pornography. If you or someone you love has been charged with a sex crime, please do not delay, contact our office for your free consultation with one of our experienced criminal defense attorneys today.
Weapons Offenses
Illinois requires that gun owners obtain and maintain a firearm owner’s identification (FOID) card in order to lawfully possess and purchase firearms in this state. Additionally, Illinois has created enhanced penalties for a legally disqualified person, such as a felon, to possess a firearm. An individual’s potential penalties are also increased if the State can prove beyond a reasonable doubt that the gun was used in furtherance of a drug crime or that it was used to cause serious bodily harm. If you or someone you love has been charged with a weapons offense please contact our office to discuss your options with one of our experienced criminal defense lawyers.
Federal Crimes
Federal crimes largely mirror state crimes, but the consequences tend to be much greater. When it comes to federal charges we frequently see clients charged with drug crimes, weapons crimes, and child pornography crimes. If for no other reason than that the penalty structure is so much more severe than for state offenses if you or someone you love has been charged with a federal crime you need to seek out an experienced criminal defense attorney immediately. If you or someone you know is being investigated by federal officers you should also contact our office immediately in order that you receive the full benefit of any cooperation you are giving or are willing to give. Please contact our office to discuss your charges and what we can do for you.
