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IL defense lawyerAs teenagers and young adults experience the freedom of having a driver’s license, many find themselves in situations that involve drinking and driving. For individuals under the age of 21, being convicted of a DUI can lead to very serious consequences, including criminal penalties and the loss of driving privileges. If you or your child find yourself in this situation, it is important to discuss your case with a skilled DUI defense lawyer. Fluent in English and Spanish, Attorney Patricia Magaña has over 15 years of legal experience helping clients minimize or eliminate the negative consequences of a DUI charge.

Zero Tolerance Law

In the state of Illinois, individuals of all ages may be charged with a DUI. If a driver under the age of 21 is found with alcohol in his or her system, he or she is subject to lose their right to operate a motor vehicle. Upon a police stop, if the officer has reason to believe that the motorist has any trace of alcohol in their system, that officer has the right to request a chemical test. After the test is administered, the officer must submit a sworn statement to the Secretary of State’s office, which will then lead to the suspension of the motorist’s license. If the motorist refuses to submit to testing, his or her driving privileges will be suspended.

If a driver under the age of 21 has a BAC of more than .00, his or her driving privileges will face a three-month suspension for the first offense. A second offense will result in a one-year suspension of driving privileges. If the motorist refuses to take the BAC test, that individual’s first violation will result in a six-month suspension of driving privileges. A two-year suspension will be enforced for a second violation.

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IL defense lawyerTrucking weight restrictions were established throughout the United States in order to preserve our roads and promote safety. Trucks and vehicles that are carrying excess amounts of weight can damage streets and highways, creating safety hazards for other motorists. In the state of Illinois, if a police officer has reason to believe that a truck is overweight, he or she can require the driver to stop the vehicle and submit to a weighing. If it is determined that your vehicle is in violation, serious financial penalties may result. If you are a CDL holder who has been cited for a weight restriction, Attorney Patricia Magaña is prepared to help. Fluent in English and Spanish, Attorney Magaña has more than 15 years of experience helping commercial drivers contest violations.

Financial Penalties for Trucking Weight Violations

In Illinois, a commercial truck driver may face weight restriction violations if:

  • The gross weight of the truck exceeds the maximum specified amount
  • There is too much weight on the axles

According to 625 ILCS 5/15-113, the driver of an overweight truck shall be fined based on the following schedule. If the truck is overweight by:

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IL defense lawyerBeing accused of identity fraud can be a very frightening experience. In the state of Illinois, individuals who are facing fraudulent ID charges may be charged with a misdemeanor or felony, depending on the circumstances of their case. Regardless if a conviction is made, however, the Secretary of State does have the authority to suspend or revoke your driver’s license. If you have lost your driving privileges due to ID fraud charges, it is important to discuss your legal needs with a skilled attorney as soon as possible.

Actions That Can Lead to a Suspended or Revoked License

In Illinois, the Secretary of State is eligible to suspend or revoke an individual’s driver’s license if her or she:

  • Has lent his or her driver’s license or identification card to another person for fraudulent purposes
  • Is in possession of and/or is attempting to use another person’s driver’s license or identification card
  • Has knowingly provided false information on a driver’s license or identification card application
  • Has another person apply for a driver’s license or identification card on their behalf
  • Is caught altering a government-issued driver’s license or identification card
  • Is caught producing, selling, distributing, or possessing a fake identification card

In most instances, for a first-time offense, the Secretary of State will suspend an individual’s driver’s license for 12 months. For any ensuing offenses, however, your driving privileges may be revoked.

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IL DUI lawyerIf you are convicted of driving under the influence in Illinois, a number of factors will determine the sentence you serve. One of the biggest factors the court will consider is your criminal history and whether you have previous DUIs on your record. If you do have previous DUI convictions on your records, the court may consider how long it has been between convictions.

Many states place a lookback period on DUI cases and that timeframe is typically five to ten years. If a conviction occurred before the lookback period, the courts cannot consider it. After being charged with a DUI, you may wonder if Illinois has a lookback period if you have prior convictions. Unfortunately, Illinois does not have such a law on the books.

Prior DUI Convictions Matter in Illinois

Due to the fact that Illinois does not have a lookback period for DUIs, any prior conviction of a DUI can be considered when a judge is determining a sentence for a subsequent offense. DUI convictions, like all traffic violation convictions, are also permanent, which means the prosecution can seek a harsher penalty for you even if your last DUI was over ten years ago.

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Posted on in Traffic Violations

IL CDL attorneyA commercial driver’s license (CDL) is not just your license to drive. It is a way to earn an income to support yourself and your family. As a commercial driver, you must follow all of the same traffic laws as other drivers, but you are also regulated by other state and federal laws. It is not surprising then, to have many questions when you are accused of violating these laws. If you carry a CDL, below are some of the most frequently asked questions about CDL violations and the answers to them.

Is Court Supervision Available for CDL Violations?

When non-commercial drivers face traffic violations, court supervision is often a better alternative than a conviction. However, CDL holders should never undergo court supervision. The Illinois Secretary of State treats court supervision for CDL drivers as though it was a conviction, so it will not help you avoid suspension of your CDL or disqualification. Even if you were in your own vehicle at the time of the offense, court supervision will still appear on your public driving record.

When is a CDL Suspended or Disqualified?

Illinois law states that your CDL may be suspended or disqualified when you commit two serious traffic violations in a three-year period or three violations in a three-year period if the convictions for the offense would result in your non-CMV privileges being suspended. If you commit two serious violations within three years, your CMV is disqualified for two months. Three violations within three years will disqualify your license for four months.

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Law Office of Patricia Magaña, LLC

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

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