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Recent Blog Posts
What Happens If a Commercial Truck Is Overweight?
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.
Illinois SAFE-T Act to Reduce Driver’s License Suspensions
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.
Are Field Sobriety Tests an Accurate Indicator of Intoxication?
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.
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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.
What is Considered Reckless Driving in Illinois?
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.
What Happens During an Informal Secretary of State Driver's License Reinstatement Hearing?
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.
Underage Drinking: What to Do If Your Child is Arrested
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.
Can I Get Out of a Second DUI?
In Illinois, the criminal and administrative penalties associated with drunk driving charges increase with each subsequent DUI offense. For example, many first-time DUI offenders are eligible for court supervision. However, individuals accused of drunk driving for the second time are not typically eligible for supervision. There are mandatory minimum penalties for second-time DUI offenders, including five days in jail or 240 hours of community service.
Defending yourself against DUI charges is especially important if you received a DUI in the past. If you or a loved one were arrested for drunk driving for the second time, make sure to contact an experienced DUI defense lawyer for help.
Second DUI Defense Options
When you are facing DUI charges, it is important to know that you have options. An experienced lawyer will be able to review the facts of your case and help you develop the best possible defense strategy for your situation. Some common defenses to DUI charges include:
Accused of Domestic Violence? Take These 5 Steps Now
Accusations of domestic violence have the potential to be life-changing. In Illinois, domestic battery, assault, and related offenses are punishable by fines and jail time. However, the damage to an individual's personal and professional reputation caused by a domestic violence conviction is often irreversible.
If you were accused of abusing a romantic partner or family member, you need to take swift action to protect your rights and safeguard your future.
Speak With a Domestic Violence Criminal Defense Lawyer
The first step is to contact a criminal defense attorney who has experience defending against domestic violence accusations. An experienced lawyer can review the details of your case and develop a strategic defense. Your lawyer will also be able to advise you on the best way to communicate with law enforcement and the prosecutor assigned to your case. Do not work with just any attorney. You need a lawyer who knows how to navigate the complexities of a domestic violence case and has a proven track record of success.
Can I Seal My Record If I Was Convicted of a Criminal Offense in Naperville?
Everyone makes mistakes, even good people like yourself. In order to erase your criminal records, you must discover which aspects of your criminal history are eligible for expungement (to remove the records) and which are eligible for sealing once you have obtained all the relevant data (to hide the records from the public).
Read the basics of record sealing and expungement to learn more about your rights and how a Will County Lawyer criminal defense lawyer can help you get the best results.
How to Seal A Criminal Record
The circuit clerk in the county where the arrests took place or the charges were filed must first receive your petition and payment. You must submit a petition in each county where you were charged or where you were arrested. You might be eligible for a fee waiver if your income is below the federal poverty level.
Can a Lawyer Help Me After a CDL Violation?
Commercial driver's license (CDL) holders need their licenses to make a living. When a CDL violation threatens a person's commercial driver's license, it can be anxiety-provoking, to say the least. If you drive a commercial vehicle for your job and you have been accused of a weight violation, a CDL license defense lawyer can help you understand your rights and options. You may be able to mitigate or even eliminate the financial and administrative consequences you face.
Overweight Truck Violations in Illinois
In Illinois, as in every other state, it is against the law to operate a commercial vehicle that exceeds the posted weight limit. The fines for overweight truck violations can be significant, and may increase if the weight exceedance is more than 10 percent. If you are cited for an overweight truck violation, you may be required to appear in court.
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