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Recent Blog Posts
What Are the Most Common CDL Violations Issued by Law Enforcement?
Commercial Driver's License (CDL) holders are held to a higher standard when it comes to obeying traffic laws and regulations. Moving violations committed by CDL drivers can have serious consequences, not only for the driver but also for their employer and the safety of others on the road. The following are some of the most common CDL moving violations. Contact an Illinois defense lawyer for legal assistance if you have been cited.
Speeding
Speeding is one of the most common moving violations committed by CDL drivers. Excessive speed endangers the driver and poses a significant risk to other road users. CDL holders often drive large, heavy vehicles, requiring more time and distance to stop safely. When a CDL driver is caught exceeding the posted speed limit, they may face fines, points on their license, and potential suspension or revocation of their CDL. Additionally, speeding violations can negatively impact a driver's safety record and their ability to find employment in the future.
Is It Possible to Fight a DUI Charge in Illinois?
Under Illinois law, driving under the influence (DUI) is a serious offense that can have significant legal consequences. Many people charged with DUI assume that the arrest will now automatically mean a guilty finding; however, there are a number of legal defenses that may be available to cause reasonable doubt in a jury’s mind, and that can ultimately lead to a not guilty verdict. The following are three of the most common DUI defenses an Illinois criminal defense lawyer may use.
Lack of Probable Cause
One of the most common defenses to a DUI charge is challenging the arresting officer's probable cause for the traffic stop and subsequent arrest. Law enforcement officers must have a valid reason to pull over a vehicle, such as observing a traffic violation or having reasonable suspicion that the driver is impaired. If the initial traffic stop was made without proper cause, any evidence obtained following that stop may be ruled inadmissible by the court. This can include the results of field sobriety tests, breathalyzer or blood tests, and the officer's observations of the defendant's behavior.
Facing Cannabis DUI Charges in Illinois
Driving under the influence of cannabis is a serious offense with significant consequences in Illinois. Even though Illinois legalized recreational cannabis for adult use in January 2020, it is still illegal to operate a vehicle while under the influence of the drug. Being accused of driving under the influence of cannabis can result in severe legal penalties. If a police officer suspects a driver is impaired, they can conduct chemical testing to measure the level of THC (the psychoactive component of cannabis) in the driver's blood. If the THC concentration exceeds the legal limit, the driver will be arrested and face serious consequences. If you have been charged with DUI, it is important to consult with an Illinois defense attorney.
Consequences of a Cannabis DUI Conviction
The legal limit for THC in the blood in Illinois is five nanograms per milliliter in whole blood and 10 nanograms per milliliter for THC metabolites in other bodily substances. If a driver's THC level exceeds these limits, they can be charged with a DUI offense. A DUI conviction can result in fines, mandatory community service, probation, and potential imprisonment, depending on the severity of the offense and whether the driver has any prior DUI convictions.
ADL Report: Hate Crimes Are on the Rise in Illinois
Hate crimes are criminal acts committed against individuals or groups because of their race, religion, ethnicity, gender, sexual orientation, or other protected characteristics. A new report reveals that Illinois is seeing a significant increase in the number of antisemitic acts, hate crimes, and white supremacist activities. Under Illinois law, hate crimes are treated with the utmost severity to combat prejudice and discrimination, and being charged with a hate crime is a serious legal matter that carries significant consequences if convicted. If you have been charged with a hate crime, it is imperative to contact an Illinois criminal defense lawyer right away.
Hate in the Prairie State
The report, Hate in the Prairie State, was compiled by the Anti-Defamation League (ADL) and reveals that Illinois has had an 80 percent increase in attacks, hate speech, and extremism over the past two years. Incidents of antisemitism increased 128 percent in 2022 from the previous year. The number of white supremacist propaganda incidents increased 111 percent during that same time period. In the past two years, the ADL has documented four white supremacist extremist events, including protests and marches.
FAQs About Illinois Drunk Driving Laws
Facing DUI charges can be a stressful – even frightening – experience. Whether this is your first offense, or you have prior convictions, navigating Illinois' DUI legal landscape requires legal knowledge and strategy. The following are some common FAQs about drunk driving charges in Illinois, including what the legal limits are, what the potential consequences are, and the importance of seeking legal assistance from a qualified Illinois defense attorney.
What Are the Legal Blood Alcohol Concentration (BAC) Limits in Illinois?
Under Illinois law, a driver who is aged 21 years of age or older is considered legally intoxicated if their BAC is 0.08 percent or more. If a driver is under the age of 21, the legal limit is 0.04 percent. Commercial drivers are also considered over the legal limit if their BAC is 0.04 percent or higher.
Cash Bail Ends in Illinois in September
Historically, when a person is arrested and charged with a crime, depending on the nature and severity of the crime, the court will determine the amount of bail the defendant (the person arrested) would need to post to be released from custody until their trial. The purpose of bail is to ensure the defendant shows up for all their court dates. If a defendant does not have the money to post bail, they are forced to sit in jail until their case is resolved.
Criminal justice reform advocates argue that the cash bail system unfairly punishes poorer defendants who do not have the money to post bail, while defendants in higher income brackets are able to walk around free until their trial. This was one of the driving forces why Illinois passed a law in 2021 eliminating cash bail. After much debate and court battles, the law will finally take place this month. The following is a brief overview of the new law. For more detailed information and to make sure your rights are protected if you have been arrested, make sure to speak to an Illinois criminal lawyer.
When Can a Juvenile Be Tried as An Adult in Illinois?
The Illinois juvenile justice system is designed to provide rehabilitation and support for young offenders, with the goal of reintegrating them into society as law-abiding citizens. However, there are instances when the severity of a juvenile’s crime may warrant treating them as adults in the eyes of the law. Today, we will explore the conditions under which a juvenile can be tried as an adult in Illinois. If your son or daughter has been arrested for committing a crime, regardless of whether they are being tried as a juvenile or adult, contact a criminal defense lawyer who will aggressively safeguard your child’s rights.
Serious Violent Crimes
In Illinois, the majority of juveniles 17 or under are tried in juvenile court for whatever offense they are alleged to have committed. However, certain felonies, such as murder, sexual assault, and armed robbery, to name a few, may be tried in adult criminal court, even if the minor is 16 or 17 years old. This type of treatment by the legal system is reserved for only the most egregious of offenses, as charging a child as an adult is not taken lightly by the court system. Of course, convictions in adult criminal court carry far more severe punishments than in juvenile court.
Defense Strategies for Juvenile Drug Arrests
Being arrested for drug-related offenses as a juvenile can have long-lasting consequences. Today, we will explore some possible defense strategies that can help navigate the legal process and protect the rights of juveniles facing drug charges. If your child is facing drug charges, contact a criminal defense lawyer to protect your child’s rights and interests at this critical time.
Illegal Search and Seizure
One potential defense strategy is challenging the legality of the search and seizure that led to the drug arrest. This strategy examines whether law enforcement had probable cause or a valid warrant when conducting the search. If the search violated the juveniles’ Fourth Amendment rights against unreasonable searches and seizures, any evidence obtained may be deemed inadmissible, weakening the prosecution’s case.
Exploring Emotional Abuse in Domestic Violence Cases
Emotional abuse, a form of domestic violence, can inflict lasting harm on individuals targeted by the abuse. From a criminal defense perspective, it is essential to understand emotional abuse in the context of domestic violence cases. By examining common examples of emotional abuse, we aim to shed light on behaviors from a legal standpoint and underscore the importance of a fair and robust defense. Regardless of what kind of domestic violence you are being accused of committing, contact an attorney right away to begin building and preparing your defense to these serious charges.
Defining Emotional Abuse
Emotional abuse involves the systematic manipulations and coercive tactics an individual employs to control or undermine their intimate partner. It damages the individual's self-esteem, confidence, and emotional well-being, ultimately leaving them vulnerable and dependent on the abuser. While emotional abuse may not leave visible physical scars, its impact can be just as profound.
What Is 'Wanton Disregard for the Safety of Others' in a Reckless Driving Charge?
Reckless driving is a severe offense involving driving a car in such a way that demonstrates no regard for the safety of others on the road. However, there is a certain level of reckless behavior that goes beyond ordinary negligence, known as wanton disregard. Understanding what constitutes wanton disregard in the context of reckless driving is essential for motorists who have been charged with such a crime. Today, we will explore the elements that define wanton disregard and its implications under the law. Facing such charges, you need a skilled criminal defense lawyer in your corner to give yourself a fighting chance at overcoming these charges.
Defining Wanton Disregard
This is a legal term used to describe a conscious and deliberate act of indifference towards the potential harm one’s actions may cause to others. It goes beyond simple negligence or recklessness, exhibiting a higher degree of culpability. In the context of reckless driving, wanton disregard involves engaging in extremely dangerous behavior while operating a vehicle, knowingly putting the lives and safety of others at considerable risk.
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