Posted on March 13, 2023 in License Reinstatement

The Illinois Secretary of State provides two kinds of administrative hearings for people whose driving privileges have been suspended or revoked: formal and informal hearings. Many people who have been through the hearing process before can be denied reinstatement.

It is important for any person dealing with an administrative hearing in Illinois to be sure that they retain legal counsel because an experienced attorney can make a world of difference in the potential outcome to a case. In many cases, people who were denied license reinstatement can achieve more favorable outcomes at new hearings.

Administrative Review of Hearing Decisions

While many cases may be settled at hearings, Secretary of State decisions are subject to Circuit Court review and reversal. To seek review of a Secretary of State decision, a driver needs to file a Complaint seeking Administrative Review no less than 35 days within the date a driver receives a denial order. 

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 Posted on March 01, 2023 in Traffic Violations

People all over Illinois receive citations for a variety of traffic offenses, and they typically have the right to appear in court to contest the charges. While many people choose to represent themselves in these cases, it can be important for a person to consider a lawyer in some situations.

The potential need to secure legal representation often depends on a driver’s unique personal situation and needs.

Different Needs for Different Drivers

Drivers who receive citations may want to hire an attorney so they can have peace of mind that their citation is being handled correctly and they will have a better chance at the most favorable outcome. This may include dismissal of charges or amendments to the ticket.

There are many other groups of people for whom legal representation is recommended. Any person driving on a commercial driver’s license (CDL) should consider legal representation because the consequences of a traffic offense can significantly influence their ability to earn a living. Individuals who have previous tickets or traffic offenses on their driving records should also consider working with a lawyer because they face increased penalties for additional violations. It is also recommended to work with an attorney if you are either facing a suspension or are currently under a driver’s license suspension.

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 Posted on February 14, 2023 in DUI

In 49 out of the 50 U.S. states, the legal blood alcohol content limit is .08 percent. When an individual is caught driving with a blood alcohol content above this limit, they are considered to be driving under the influence and can face criminal charges. For commercial drivers, the limit is just 0.05 percent alcohol. The amount of alcohol that it takes to be over the legal limit varies from person to person. Many different factors affect BAC, including body weight, the amount of alcohol consumed, food consumption, and the rate of alcohol consumption. For some people, it may only take two or three drinks to be over the legal limit.

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 Posted on February 08, 2023 in Traffic Violations

In Illinois, one of the most common reasons that a person's driver's license is revoked is a conviction for driving under the influence (DUI). When a license is revoked, the license holder is prohibited from driving any motor vehicle. Driving with a revoked license is considered a Class A misdemeanor criminal offense in Illinois. Penalties include steep fines, community service, or even jail time.

Fortunately, the state of Illinois gives drivers a chance to regain either full or partial driving privileges after a revocation. If you want to reinstate your license after it was revoked, you will need to complete the steps required by the Illinois Secretary of State and attend a reinstatement hearing. Here are five tips to improve your chances of reinstating your driver's license after a revocation.

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 Posted on January 23, 2023 in Traffic Violations

The more a truck weighs, the more damage the truck could potentially cause in an accident. Extremely heavy vehicles can also cause damage to roadways. Consequently, Illinois state law limits how much cargo a commercial truck such as a semi-truck can haul.

While the reasons for weight limitations are generally sound, the consequences of operating an overweight commercial vehicle can feel exorbitant. If the truck is found to be overweight – carrying more cargo than allowed by law – then the driver and his or her company can face significant fines. Depending on how far the truck is over its legal weight limit, the truck driver may even be required to unload some of its cargo in order to remain compliant.

Penalties for Exceeding Truck Weight Limitations

In Illinois, the fine associated with an overweight truck depends on how much the truck and cargo weigh above the limit. For example, operating a truck that exceeds the weight limitation by 2,000 lbs. is only a $100 fine, but the fine increases the heavier the truck and cargo are. Trucks that exceed the weight limitation by 5,001 lbs. or more are fined $1,500 at minimum. There are also additional fines for companies that receive four or more overweight violations within a one-year period.

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 Posted on January 10, 2023 in License Reinstatement

With the new year comes multiple new laws and regulations in Illinois. One of the most significant pieces of legislation is the most recent amendment to the Illinois is the Safety, Accountability, Fairness and Equity-Today (SAFE-T Act). Among many other important provisions, the Act limits when the state may suspend a person’s driver’s license.

Changes Being Implemented to Illinois Driver’s License Suspension Laws

In Illinois, a person's driver's license can be suspended for many different reasons. Driving under the influence of drugs or alcohol, having too many driving violations or points on their license, and being involved in a hit-and-run accident are some of the most common reasons for suspension. The length of time a license is suspended varies depending on the violation but can range from six months to several years. During a period of suspension, it is illegal to drive and doing so can result in serious consequences, such as an extended suspension or even jail time.

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 Posted on December 12, 2022 in DUI

Field sobriety tests are standard tests used to measure an individual’s balance, coordination, and cognitive abilities. They are usually administered by law enforcement officers to determine if a person is under the influence of alcohol or drugs. Despite their widespread use, field sobriety tests have come under question in recent years for their accuracy in determining intoxication.

If you or a loved one are facing charges for driving under the influence (DUI) after failing a field sobriety test, contact a DUI defense lawyer for help.

Common Field Sobriety Tests

The three main types of field sobriety tests are the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus (HGN) test.

• Walk-and-Turn Test - This is a divided attention test that requires a person to take heel-to-toe steps forward, turn around walk heel-to-toe steps backwards. They must keep their hands at their side and count as they walk.

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 Posted on December 05, 2022 in Criminal Defense

The term “reckless driving” is often used casually to refer to driving behavior that is unsafe or unpredictable. However, reckless driving has a specific definition under Illinois law and individuals convicted of reckless driving can face serious criminal penalties. If you or a loved one were arrested for reckless driving, it is important to get started on a defense strategy right away. Reach out to an experienced criminal defense lawyer who can help you understand your options and take the steps necessary to reduce your chances of conviction.  

Illinois Law Regarding Reckless Driving

The law specifically mentions two instances in which a driver may be charged with reckless driving. Intentionally driving a vehicle up a ramp or incline, such as a railroad crossing, to make the vehicle airborne is reckless driving. Reckless driving also includes any driving behavior that shows a “willful and wanton disregard for the safety of people or property.” This can include drag racing or excessive speeding, tailgating, weaving in and out of lanes, running stop signals, braking abruptly, or other types of erratic driving.

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 Posted on November 18, 2022 in License Reinstatement

If your driver's license was revoked because of a DUI or other reason, you will need to attend a hearing through the Secretary of State in order to have it reinstated. There are both formal and informal reinstatement hearings. If this is your first DUI or your license was revoked because of a minor moving violation, you will most likely attend an informal hearing. It is important to prepare for your hearing and take all of the steps required by the Illinois Secretary of State. Your driving privileges depend on it.

Informal Driver's License Hearings in Illinois

An informal driver's license reinstatement hearing takes place at a Secretary of State facility. You do not need to schedule the hearing in advance as these hearings take place on a first-come, first-served basis. During the hearing, you will be asked a series of questions by a hearing officer. The hearing officer may ask you about the reasons your license was revoked, your criminal history, and the lifestyle changes you have made to avoid reoffending. The hearing officer will make a recommendation to the Secretary of State, and then a final decision will be handed down.

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 Posted on November 07, 2022 in Juvenile

The drinking age is 21 in the United States. However, this does not stop many teenagers and young adults from drinking before they are old enough to do so legally. Whether due to peer pressure, curiosity, or a desire to look “cool,” underage drinking is not uncommon.

If your child was caught with alcohol or charged with an alcohol-related offense, it is important to understand your rights and options under Illinois law.

Alcohol Possession by Minors is a Criminal Offense

In Illinois, underage people in possession of alcohol can be charged with a Class A misdemeanor criminal offense. While jail time can often be avoided for a first-time offender, it is possible for an underage offender to face up to a year in jail and a maximum fine of $2,500 for alcohol possession. A teen or young adult caught with alcohol may also have his or her driver’s license suspended for six months for a first offense. If a young person uses a fake ID to buy alcohol, he or she may face additional criminal penalties for possession of a fraudulent ID.

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