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Recent Blog Posts
How Soon Can I Get My Drivers License Back After Revocation
If your Illinois driver’s license has been revoked, you are probably anxious to get back behind the wheel. But because the driving offenses that lead to revocation are so serious, the state does not make it easy to get your license back.
How Soon Can I Start the Reinstatement Process?
For purposes of illustration, we will assume your license was revoked for a minimum of one year. (Your actual revocation could be five years or even longer.)
As a general rule, you can apply for a restricted driving permit (RDP), sometimes referred to as a hardship permit, any time after the revocation is entered on your record.
You can apply to get your license fully reinstated one year from the effective date of revocation. However, you can and should start preparing well in advance for the hearing that will be necessary to get your license back. See our page on Getting Ready for Your Hearing for details.
Understanding Reckless Driving Charges in Winter Car Accidents
It is a rare Illinois driver who has not been in or at least seen a winter driving accident. Snow, ice, and prairie winds combine to create treacherous road conditions, resulting in collisions, spin-outs, and skids into ditches. When it happens to us, our first words are likely to be, “It was an accident!” But when law enforcement becomes involved, many of these accidents can result in traffic tickets and even arrests. Here are some recent Illinois incidents we can all learn from:
Driving Too Fast for Weather Conditions
On January 3, 2018, in Champaign County, a 21-year-old driver rolled her car and crashed into a ditch. After being released from the hospital, she was arrested by Illinois state police, who said she was driving too fast for the weather conditions. She was cited for improper lane usage, illegal transportation of alcohol, driving with a suspended license, and driving an uninsured vehicle. Drivers should note that, as of January 2017, Illinois law allows officers to impound a vehicle if a driver has previously been convicted of driving without insurance and is cited for this offense a second time within a year.
The Long-Term Impact of Illinois DUI Laws
In 1997, Illinois reduced the legal blood-alcohol limit for drivers from .10 to .08, the standard now used by all 50 states. Today, 20 years later, lawmakers are thinking about further reducing the legal blood-alcohol limit from .08 to .05.
If you are wondering why, you are not alone. It is perfectly reasonable to ask questions like how much safer did the roads really get after the change from .10 to .08, relative to the cost to society of law enforcement and the severe penalties paid by people convicted of DUI? How strong is the rationale for further reducing the legal limit to .05?
In this post, we will look at how the change from .10 to .08 impacted DUI arrests and fatalities in Illinois over the past 20 years. In a separate post, we will look deeper into the debate over the .05 standard.
Deaths in Alcohol-Impaired Crashes Have Declined in Illinois
The Illinois law reducing the legal blood-alcohol level from .10 to .08 took effect July 2, 1997. The year before it took effect, 534 people died in Illinois car crashes involving at least one driver who was at or over the 0.08 level. In 2016, 272 people died in alcohol-related crashes in Illinois. Thus, the annual number of drunk driving deaths in Illinois has been cut in half, resulting in 262 fewer deaths. This may not be entirely attributable to the .08 change, though. Other factors have likely played a role, such as the 2000 law requiring drivers found guilty of DUI to have blow-to-drive devices installed in their vehicles.
Common Types of Property Crimes Committed by Teenagers
According to the Illinois Juvenile Justice Commission (IJJC), there were more than 32,000 juvenile arrests in Illinois alone in 2015. These arrests stem from a variety of crimes, from violent crimes like assault or battery, to common juvenile crimes such as underage drinking or drug use. Another common area of crime that juveniles tend to commit is property crime. Property crime refers to crimes that involve the theft or destruction of someone else’s property. These crimes may seem trivial when compared to crimes like battery, but they can still result in serious charges and penalties.
Criminal Trespassing
There are a variety of ways you can be charged with criminal trespassing. According to the Illinois Criminal Code of 2012, in its most basic form, trespassing occurs when a person knowingly and without the lawful right enters or remains within or on a building. You can also be charged with trespassing if you:
What is Criminal Trespass
Illinois law defines three types of criminal trespass: to real property, to a residence, and to a vehicle. Charges of criminal trespass in Illinois often accompany other charges such as burglary, battery, or criminal damage to property (vandalism).
Criminal Trespass to a Residence
You commit the offense of criminal trespass to a residence when you knowingly enter or remain in a residence without authority. If you know that a resident is present, the crime is a Class 4 felony; otherwise, it is a Class A misdemeanor (720 ILCS 5/19-4). If you accidentally enter a home thinking it is the location of a party to which you were invited, and you leave when you realize your mistake or when asked to leave by the homeowner, you would not be charged with criminal trespass to a residence. However, if you crash a party and refuse to leave, you could be charged with criminal trespass. If you enter a residence with the intent to commit a crime, you could instead be charged with burglary.
How Can a Lawyer Help Me With a Traffic Violation
In the state of Illinois, it is considered a privilege to be permitted to operate a vehicle on public streets and highways. Driving is not considered to be a right. Revoking a right is extremely difficult and generally involves serious circumstances, such as the revocation of a person’s right to bear arms after that person has been convicted of a violent felony. Revoking a privilege is much easier.
The privilege of driving is one that can be revoked in Illinois for a variety of reasons including being convicted of violations of the Illinois Vehicle Code. You could lose your ability to drive for a single serious infraction or for a cumulative number of lesser convictions in a short period of time. If you have a recently received a traffic ticket, it is important to understand how an attorney could help you.
Traffic Violations are Expensive
Most traffic violations are punishable by a fine determined by the state. However, there are usually additional fees that go along with a violation, not to mention a potential increase in auto insurance premiums triggered by the violation as well. All told, the average driver in Illinois who receives a ticket will pay about 6.2 times more than the fine itself. For example, if the fine for a particular offense is $100, it will cost a convicted driver about $620 including additional fees and costs.
Leaving the Scene of an Accident Can Result in Criminal Charges
The fight or flight response is a natural physiological process in our bodies that kicks in when we experience something that is frightening or stressful. The term “fight or flight” refers to the two options our ancestors had when faced with danger and the two options we often have when faced with danger today. Imagine you are driving and you completely miss the stop sign, driving out into the intersection and slamming into someone else who was also in the intersection. You have two choices: either get out of your vehicle and face the situation at hand or remain in your vehicle and drive away as fast as you can. Legally, you are required to do the former, as fleeing the scene of an accident can result in misdemeanor or even felony charges.
Leaving the Scene of a Property-Damage Only Accident
If you get into an accident that only damages the other driver’s vehicle, you are still required by law to stop. When you stop, you must exchange information with the other driver, such as your name, address, vehicle registration number and insurance information. You are not permitted to leave the scene of the accident without providing this information, though you are permitted to move your vehicle out of traffic or to a safe place that is away from the accident site, as long as you still exchange information.
Avoid a Ticket for Misusing the Left Lane on Illinois Interstates
By the time summer finally arrived in northeastern Illinois, we were all anxious to get out and enjoy the beaches, ballparks, and other outdoor fun-even though we often have to fight heavy traffic to get there. Always remember, however to drive safely, because a traffic ticket will only slow you down and thin your wallet. Be especially careful in using the left lane on Illinois interstate highways, or you could find yourself paying a $120 ticket, plus court costs, for misuse of the left lane.
A state law in effect since 2004 states that drivers must stay out of the left lane on interstate highways and fully access-controlled highways except when passing another vehicle. The Illinois State Police (ISP) have cautioned motorists that they will be using unmarked vehicles this year to identify drivers who abuse the left lane. The unmarked vehicles will then alert patrol cars stationed further up the highway to stop and ticket the violators, who are being tagged as “left lane lollygaggers.”
The Significance of Miranda Warnings
Just because someone is accused of a crime does not mean that the protections and rights provided to them by the U.S. Constitution do not apply. Criminal suspects have certain rights, which, if violated, can dramatically affect the outcome of any criminal proceedings. The Fifth Amendment to the United States Constitution gives citizens the right against self-incrimination. The Sixth Amendment ensures the rights of criminal defendants, including the right to know the nature of the charges and evidence against you and the right to consult with a lawyer.
You Have the Right to Remain Silent
If you have ever been arrested, you should have heard a version of the following: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” Specific wording can vary depending on the jurisdiction, but these warnings are generally known as the Miranda Warnings. Before being questioned by police, you must be given these warnings.
Understanding the Illinois Juvenile Drug Court Treatment Program
According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), an estimated 1.3 million adolescents ages 12-17 had a substance use disorder in 2014. Many of these youths who have substance abuse issues end up making contact with the juvenile justice system at some point. Rather than punishing them and leaving their substance abuse issues untreated, Illinois has a juvenile drug court treatment program in place that aims to reduce recidivism and guide the youth to a substance-use- and crime-free life.
Eligibility for the ProgramM
When a juvenile defendant is referred to the drug court treatment program, they will be first screened to determine whether or not they are eligible to participate. To be admitted into the program, the prosecutor, the minor, and the court must all be in agreeance. A minor will not be admitted into the program if:
