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IL traffic lawyerIf you have been arrested for a serious crime, it is important to understand the way in which a conviction could ultimately impact your life. Not only do most convictions come with significant fines, potential loss of driving privileges, and even possible jail-time, but the longer-term ramifications of a conviction should not be understated. Having even a misdemeanor charge on your criminal record can drastically alter your ability to find employment, get loan approval, and secure housing opportunities. If you and your family are suffering due to the lingering ramifications of a criminal conviction, it is time to speak with a skilled attorney regarding the possibility of obtaining expungement or having your criminal records sealed.

What Is Expungement?

Due to the fact that criminal records are public knowledge, a prior arrest can hamper the well-being of yourself and your family. A college admissions board, a potential landlord, or a loan expert could all gain access to your criminal record and let your prior court proceedings impact their decision-making process. Because of this, many people seek to have charges erased from their criminal record or sealed from public view, this process is known as expungement.

It should be noted, that expungement is not always possible. In order to be eligible for expungement, one must have completed court supervision or probation period. Unfortunately, even in some cases in which issues with the initial conviction lead to an acquittal or no charges being filed there can still be a mark placed on your criminal record, fortunately, those clients are likely eligible for expungement. If you work with your attorney to challenge the initial conviction in your case and successfully appeal, you still may need to have the charges expunged from your record. It should be noted, that some crimes, including driving under the influence or committing sexual crimes towards a minor, are not eligible for expungement.

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IL defense attorneyHere in the state of Illinois, thousands of people are pulled over each month for driving over the legal speed limit. Due to the fact that speeding is one of the most dangerous acts a driver can take (speeding killed over 9,000 Americans throughout 2017 alone), Illinois police are constantly on the lookout for speeding drivers. While most people assume that minor speeding tickets will come with minimal finage and little impact on their life, in all reality speeding violations should be taken incredibly seriously. If you are charged with driving over the legal speed limit, it may be time to seek out the expertise of a qualified attorney.

The Illinois Point System

According to Illinois state law, minor traffic violations result in points against your driving record. If a person accumulates a certain number of points within a 12-month period, they are likely to face license revocation. Speeding is one of the most common traffic violations resulting in points against one’s driving record. If a person is charged with speeding less than 10 mph over the speed limit, they will receive five points against their driving record. If a person is driving more than 10 mph over the legal limit, they will receive 15 points against them. In Illinois, accumulation of 15 points results in a two-month license suspension.

As the speed of the driver increases, the point total increases as well. For instance, if a person is driving 26 mph over the speed limit they will accumulate 50 points against their license. Driving at these reckless speeds constitutes an aggravated speeding charge. Along with the points against one’s license, aggravated speeding can result in a Class B misdemeanor. If a person is driving more than 35 mph over the speed limit, the aggravated speeding charge can result in a Class A misdemeanor, up to 12 months in prison, and a significant fine.

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IL defense lawyerWhen a person makes the decision to drive recklessly, they are making the decision to endanger other travelers as well as themselves. Recognizing this, the state of Illinois punishes reckless driving incredibly harshly. Reckless driving is defined in 625 ILCS 5/11-503, as negligent vehicular operation that willfully disregards the safety of others. According to Illinois state law, reckless driving usually results in a Class A Misdemeanor. Due to the severity of the legal consequences of a reckless driving charge, it is critically important to seek out quality legal representation immediately.

Common Forms of Reckless Driving

In addition to a misdemeanor charge on a person’s permanent record, a reckless driving charge can also result in rises in a person’s insurance rates. In some instances, reckless driving will result in a license revocation or suspension.

Aggravated Speeding: If a person is apprehended while driving 35 miles per hour over the legal speed limit, they will likely be charged with aggravated speeding. Aggravated speeding results in a Class A misdemeanor and is one of the more common forms of reckless driving. The primary reason for aggravated speeding being defined as a form of reckless driving is due to the fact that traveling at such high speeds can impact a person’s reaction time and correspondingly the safety and wellbeing of other travelers.

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IL DUI lawyerWhen a person is pulled over by a police officer, it can be difficult to maintain a level head. Because of this, many people lose their ability to contemplate their decision-making process. In all reality, it is of the utmost importance to remain calm and understand your rights and privileges, especially as it pertains to a DUI traffic stop. Many people make the mistake of feeling as though failure to adhere to every single request of the officer represents insubordination that could impact them in court. Yet, it is important for you to understand your rights and how declining to answer a question or take part in chemical testing could impact you. If you are charged with driving under the influence, speak with a qualified legal professional immediately.

Refusing Chemical Testing

If a person is convicted of a DUI, their life can be changed dramatically. Even a first-time DUI offender is likely to face Class A misdemeanor charges, minimum fines of up to $500, and loss of driving privileges for one year. The legal consequences of additional DUIs are even more significant. Understanding the legal severity of DUIs, it is important to understand how refusing chemical testing can impact you.

The first thing to understand is that you are not breaking the law when you refuse to submit to chemical testing. Now, you are violating your driver’s license agreement that states that you are consenting to certain steps such as chemical testing if deemed necessary by law enforcement. All that said, chemical test refusal is not something that will show up on your criminal record, but will impact your driving privileges.

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IL traffic lawyerEvery single year, thousands of Americans suffer serious injuries in collisions involving commercial trucks. Given the sheer size of most commercial trucks, these collisions often times result in fatalities. Because of this, commercial truck drivers are held to strict regulatory standards. Violation of these standards can result in loss of your commercial driver’s license. In some instances though, the violation that the truck driver was cited for was not the fault of the driver. Below we will examine some of the most common instances in which commercial trucking companies violate these standards. If you are cited for a CDL violation, seek out legal representation immediately.

Common Company Caused Violations

While some CDL violations are directly related to driver error, such as a DUI or reckless driving charge, many other violations are the direct fault of the trucking company. If a driver is cited for violating a driver out-of-service order regarding the transportation of hazardous materials, it is possible that they were not educated on the order by their company. If a driver is cited for driving an overweight truck, it is likely that the company overloaded the vehicle to minimize delivery time, putting their bottom line ahead of the safety and wellbeing of the driver.

In other instances, a driver may be violating regulations regarding their electronic logbook, due to pressure from the company to work extended hours. In all of these cases, a driver could ultimately lose their CDL due to the negligence of their company.

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IL defense lawyerDriving is a way of life. The average American drives approximately 37 miles per day. Loss of your driving privileges can significantly impact your quality of life and your livelihood. Here in the state of Illinois, there are a number of traffic violations that can result in license suspension or revocation. Below, we will examine some of the most common violations that could cost you your license. In the event of a traffic violation, it is critically important to seek out the assistance of a qualified legal professional.

Driving Under the Influence of Drugs or Alcohol: Here in the state of Illinois, local law enforcement are constantly on the lookout for signs of inebriated driving. Throughout 2017 alone, more than 27,000 people were arrested statewide for intoxicated driving. Due to the inherent dangers of driving under the influence of drugs or alcohol, a conviction can result in loss of driving privileges. A first DUI conviction will result in a one-year license revocation. Subsequent convictions come with lengthier revocation periods. If you have been charged with a DUI, you need to speak with a legal representative.

Felony Traffic Offenses: The vast majority of traffic violations are considered minor infractions that only result in minor fines. More serious traffic violations, such as driving under the influence are listed as misdemeanors. The most serious violations though will constitute a felony charge. If you commit a felony traffic offense, you will more than likely face a license suspension or revocation. Common felony offenses include multiple DUIs, vehicular homicide, and repeatedly driving without a license. Many felony traffic offenses can also result in significant jail time.

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Posted on in DUI

IL defense lawyerDespite the best wishes of parents, the vast majority of teenagers will experiment with alcohol at some point in their high school career. All parents can really hope for, is the fact that their child will remain safe while drinking, avoid over-consumption and not get behind the wheel of a car. Unfortunately, many young people that take part in underage drinking, do ultimately make the decision to drive. Below, we will examine the many ways in which driving under the influence can impact a teenager’s future.

The Consequences of a Conviction

When a person is convicted of a DUI, their life can be altered forever. The implications of a conviction can go far beyond the initial criminal punishment. Listed below, are the most notable ways in which a DUI conviction can impact a teenager’s future.

The Legal Ramifications: Here in the state of Illinois, a first DUI offense can come with significant legal ramifications. If convicted, a person will face Class A misdemeanor charges. Outside of the implications of having a misdemeanor on your criminal record (which we will explore below), the charge can come with other punishments. Most notably, a first-time DUI offender may be sentenced to up to one year in prison, depending on the circumstances. The person is likely to also face substantial fines, as high as $2,500. Significant time spent in jail can drastically impact a young person’s mental and emotional wellbeing.

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IL DUI lawyerWhen a person is charged with driving under the influence of alcohol, it is important for them to understand the potential legal ramifications. Due to the manner in which drunk driving can endanger other travelers, it is not a simple traffic violation, but a serious criminal offense. According to Illinois state law, a DUI charge constitutes a Class A misdemeanor. Yet there are a number of factors that elevate a standard DUI to an aggravated DUI. Below, we will explore the offenses that can lead to an aggravated DUI charge, as well as the ways in which a conviction can ultimately impact your life. If you have been charged with an aggravated DUI, seek out legal assistance immediately.

Common Aggravating Factors

According to Illinois state law, an aggravated DUI conviction automatically constitutes a Class 4 felony. If convicted, the offender could face more than one year in prison, fines as high as $25,000, and a serious mark on their permanent record. It should be noted, that as of January 1, 2019, driving your vehicle the wrong way down a one-way street while under the influence of alcohol constitutes an aggravated DUI. Listed below are other common aggravating factors.

DUI Resulting in Harm: When a person driving under the influence of alcohol injures another party, the legal consequences are heightened. If an inebriated driver is deemed responsible for a collision that causes a person significant bodily harm or permanent disability, the offender will face felony charges, license revocation for a two-year period, and a minimum of one year in prison. If a person is fatally injured in the collision, the inebriated driver will be charged with a Class 2 felony, and have their prison sentence increased to a minimum of three years and a maximum of 14 years.

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IL DUI lawyerHere in the state of Illinois, there are a number of violations that could result in a driver’s license suspension. A driver can lose their driving privileges for three or more traffic violations within a 12-month period, accumulating 10 or more parking tickets and refusing payment, or for non-payment of court-ordered child support. The most noteworthy reason for a driver’s license suspension is a DUI offense.

According to the Illinois Secretary of State’s Office, more than 27,000 Illinoisans were charged with driving under the influence, throughout 2017 alone. Fortunately, a person facing either a license suspension or revocation may be eligible for reinstatement. If you have lost your driving privileges, and are hoping to have your license reinstated, you need to hire an attorney that you can believe in.

Steps Needed for Reinstatement

A license suspension can significantly impact a person’s livelihood, because of this, it is important to act quickly. Once your license has been suspended, you can request a hearing with the Illinois Secretary of State. These hearings can be formal or informal.

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Naperville CDL lawyer

Here in the United States, commercial truckers are an integral part of our economy. Commercial trucking continues to be the No. 1 form of shipping. According to the American Trucking Association, there are an estimated 3.5 million truckers with a commercial driver’s license (CDL) nationwide. With so many truckers on the road, truck accidents are common.

Due to the severity of many commercial trucking collisions, law enforcement is always on the lookout for commercial drivers in violation of state or federal laws. If you are cited for a CDL violation, it is critical to seek experienced legal guidance right away. 

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Aurora DUI lawyer

According to the Illinois Secretary of State’s Office, Illinois police arrested 27,046 people on DUI charges throughout 2017. Law enforcement is always looking for signs of inebriated driving, from driving at erratic speeds to swerving from lane to lane. The consequences of a DUI conviction can be life-changing, with possible incarceration, substantial fines, and difficulty securing employment or housing. 

If you have been charged with DUI, it is important to speak with a knowledgeable legal team as soon as possible. 

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Aurora Defense Attorney

All humans have a physiological reaction to things that frighten them. It is called the fight or flight response. When someone comes across something that scares them or stresses them out, their body prepares to either fight the threat or flee from it. When you hear police sirens and you see flashing blue and red lights behind you, fleeing is the worst possible thing you can do. Stopping for police officers is crucial, but what you do during the traffic stop is just as important. Here are a few important tips for how you should act when you are pulled over by a police officer:

Find a Safe Spot to Pull Over 

Once you see a police officer is trying to pull you over, immediately look for a safe place to pull off the roadway. You should try to pull over on the right side of the road. If there is no safe spot to pull over immediately, turn on your hazard lights so the officer knows you recognize their presence.

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Naperville Multiple DUI Lawyer

All DUI charges are extremely serious and carry severe consequences, but the more DUI convictions you have, the worse it will be. Escalating punishments are a way of trying to prevent people from becoming repeat DUI offenders. Eventually, charges go from misdemeanor to felony. Illinois judges do not show much leniency toward repeat DUI offenders and commonly punish to the full extent of the law. 

A Recent Multiple DUI Case

A 38-year-old Plano, Ill. woman was recently indicted on felony charges for a DUI after she crashed her vehicle last October. If convicted, this would be the woman’s fifth DUI conviction. She was arrested and charged with a DUI, along with being ticketed for driving too fast for conditions, and failure to reduce speed after she crashed her car. Police say the woman was slurring her speech, smelled of alcohol, and had unsteady balance, although she refused to submit to field sobriety testing.

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Naperville DUI LawyerThe United States Constitution guarantees many rights for American citizens, such as the right to free speech, to protest, and to bear arms. Though many people think driving is a right, it is not. It is a privilege. There is nothing that guarantees your right to drive a vehicle. 

In Illinois, there are multiple ways you can lose your license, some that have nothing to do with moving violations. Before a driver’s license suspension, the Illinois Secretary of State will send you a written notice in the mail. 

Here are a few ways you can lose your driving privileges in Illinois:

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Posted on in DUI

Naperville Defense Lawyer

Popular television shows like “Cops” have long shown amusing videos of DUI suspects attempting to recite the alphabet or walk in a straight line. While these TV shows have tried to entertain us with failed attempts to complete field sobriety tests during DUI traffic stops, neither DUIs or field sobriety tests are laughing matters. These tests are administered to DUI suspects as evidence to support an arrest and they can also be used as evidence in the court of law when a person is being tried for a DUI. 

Standardized vs. Non-Standardized Tests

When it comes to field sobriety tests, there are two types: standardized and non-standardized. Most police forces use a combination of both types of tests, though standardized tests are the most widely accepted. Standardized tests are also usually the only tests that hold up as evidence against a DUI suspect in court. In the 1970s, the three standardized field sobriety tests were developed. Over the years, these tests have been studied, and it has been determined that standardized field sobriety tests can detect if a person is too impaired to drive around 90 percent of the time.

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Posted on in Juvenile

Naperville DUi Lawyer

As a parent, you have dreaded this day since the first time you handed your teenager the car keys and they took off without you. Getting a call that your teen is in trouble is always unsettling, no matter the situation. When that call is to inform you that your teen has been pulled over for drinking and driving, it can be devastating for both of you. 

Even though parents frequently stress the dangers of underage drinking and driving to their children, kids do not always listen, and parents are left to deal with the repercussions. Underage DUI can severely impact your child’s driving and criminal records. That could mean not getting into the college of their choice or other serious complications.

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Posted on in Uncategorized

Naperville DUI Lawyer

There are many reasons why Illinois citizens can lose their driving privileges. The most common way is an arrest or conviction for DUI. Even if you do not earn a DUI conviction, an Illinois police officer can issue a notice of statutory summary suspension for your driver’s license if you fail a blood-alcohol content test, are unable to complete one or refuse to take a chemical test. The suspension goes into effect on the 46th day after your arrest, and lasts for six months to a year, depending on your circumstances. You may petition to get your driving privileges reinstated by using one of the following two driving permits available to you:

Monitoring Device Driving Permit (MDDP)

These driving permits are typically only available to first-time DUI offenders, but if you have not had a summary suspension within the past five years, you may still be eligible. An MDDP allows you to drive freely during your summary suspension, but you must have a breath-alcohol ignition interlock device (BAIID) installed in any vehicle you drive. After you complete the application for the MDDP, you must return it to the Secretary of State’s office, which will then give you 14 days to have a BAIID installed. 

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Posted on in DUI

Naperville DUI Attorney

Everyone knows a DUI conviction can get you into big legal trouble. In Illinois, a first-time conviction for DUI is classified as a Class A misdemeanor, and you could face up to a year in jail, a one-year revocation of your driving privileges, and suspension of your vehicle registration. If you were under the age of 21 at the time of the DUI, your driving privileges could be revoked for two years. If your blood-alcohol content was recorded at .16 or more, you face a mandatory minimum fine of $500 and 100 hours of community service. 

A DUI conviction also comes with other expenses that can affect many areas of your life:

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Will County DUI Lawyer

Being able to drive legally is a privilege, not a right. When you are arrested for a DUI in Illinois, the Secretary of State’s Office automatically puts a statutory summary suspension into effect if you fail a blood alcohol content (BAC) test, or if you refuse to submit to a test. This suspension is separate from any criminal charges you might face, or suspension/revocation that may come with those charges. 

Driving is crucial for most Americans, so the loss of driving privileges can greatly impact your life. It can mean a tougher time getting to work or transporting your children to school or their activities. Fortunately, Illinois has options for those who have had their driver’s license suspended or revoked because of a DUI charge. All of them require the use of a breath alcohol ignition interlock device (BAIID).

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DuPage County CDL violation lawyerIndividuals who hold a commercial driver’s license (CDL) are often held to a higher standard on the road - and for good reason. Most of the time, commercial motor vehicles (CMVs) are very large and can do a lot more damage to property and other vehicles when they are involved in a collision. This is why there are certain actions that can result in the disqualification of a CDL. Some of these actions are illegal no matter what type of license that a driver holds, but many are also specific to CMVs. 

Losing a CDL can affect you differently than losing your personal driver’s license. If you have made a career out of operating a CMV, your job and finances could suffer greatly if you are disqualified from holding a CDL. The Federal Motor Carrier Safety Administration (FMCSA) has developed guidelines for how CDL violations are categorized and how they are punished.

Major Offenses

Certain offenses are more serious than others, and major offenses typically have the most serious penalties, with first time offenders receiving a one-year disqualification. Major offenses include:

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1555 Bond Street, Suite 103A, Naperville, IL 60563

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