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Recent Blog Posts

What Type of Hearing Will I Have to Attend to Get My License Back in Naperville?

 Posted on December 07,2021 in License Reinstatement

Aurora License Reinstatement LawyerIn Illinois, a person may be subject to a driver’s license suspension or revocation if they are accused of drunk driving, leaving the scene of an accident, multiple traffic violations, drag racing, or other offenses. Once your license is suspended or revoked, it is illegal to drive any motor vehicle. Driver’s license suspensions automatically terminate after a certain period of time. Once the suspension is up, you pay a fine and regain your driving privileges.  

Unlike a driver’s license suspension, a driver’s license revocation does not automatically terminate. To get your license back after it is revoked, you must attend a Secretary of State hearing and demonstrate that you have met the requirements for driver’s license reinstatement.

Informal Secretary of State Reinstatement Hearings

If your license was revoked because you were convicted of driving under the influence (DUI) for the first time or you committed multiple moving violations, you will most likely need to attend an informal reinstatement hearing. During the hearing, the hearing officer will ask you questions about the circumstances that led to the driver’s license revocation, your drug and alcohol use, and why you are seeking reinstatement of your driver’s license.

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Your Guide to Breathalyzer Tests in Illinois DUI Cases

 Posted on November 23,2021 in DUI

Will County Criminal Defense AttorneyWhen we drink alcohol, the alcohol can be detected in our breath, urine, and blood. Often, the results of a chemical blood alcohol content (BAC) test are a key component of an arrest for driving under the influence (DUI). Breath tests, sometimes called Breathalyzers, analyze the alcohol on a person’s breath in order to approximate the person’s BAC. If you or a loved one have been arrested for drunk driving, it is important to understand how breathalyzer results can impact the case.

Can I Refuse a Breathalyzer in Illinois?

When police officers suspect a driver of drunk driving, they usually ask the driver to take a breath test. The subject blows into the device and the device registers a number representing that person’s estimated blood alcohol content. The use of the term “estimated” is intentional. Roadside breathalyzers are considered “preliminary breath tests.” These devices can estimate the amount of alcohol a person drank but they are not accurate enough to be entered as evidence in a DUI case.  Preliminary breath tests are used to establish probable cause for a DUI arrest. You have the right to refuse a preliminary breathalyzer.

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My Teenager Was Arrested for Shoplifting. Now What?

 Posted on November 11,2021 in Juvenile

Naperville Juvenile Defense LawyerParents are responsible for guiding their children and helping them grow into happy, successful adults. However, even the best parents cannot prevent their children from making mistakes. For teenagers, shoplifting may seem like a victimless crime. Otherwise, law-abiding teenagers may justify stealing from a store because the crime does not involve violence or physical harm. Teenagers may also be peer-pressured into stealing. Some shoplift in order to impress their friends or gain a certain reputation at school. Other teens accused of theft are simply in the wrong place at the wrong time.

Whatever the reasons, theft charges can have a significant impact on a young person’s future. If your child was arrested for retail theft, contact a criminal defense lawyer experienced in juvenile offenses for help.  

What Are the Consequences of Juvenile Theft?

Theft is estimated to have cost retailers $62 billion in 2019 alone. Preventing shoplifting losses is a top priority for most stores and retail chains. Security guards, video surveillance, and antitheft devices are designed to catch shoplifters in the act and prevent ongoing theft. Some store owners and managers will give teenagers a second or even third chance after being caught shoplifting. However, the store does reserve the right to call the police if they catch a child or teenager shoplifting.

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You Can Still Be Charged with DUI for Driving High in Illinois

 Posted on October 26,2021 in DUI

Kane County Drugged Driving Defense AttorneyIllinois is one of many U.S. states that have eliminated or dramatically reduced criminal penalties for marijuana possession and use. Cannabis flower and cannabis products like “edibles” are now legal to possess in Illinois -- regardless of the user’s medical need. However, marijuana possession, cultivation, and distribution are still limited and regulated by law. Furthermore, it remains illegal to operate a vehicle while under the influence of marijuana. Smoking and driving or “drugged driving” can lead to charges for driving under the influence (DUI).

DUI Involving Cannabis in Illinois

Marijuana is legal for recreational use in Illinois. However, this does not mean that Illinois residents can use cannabis behind the wheel. Research shows that cannabis impairs decision-making abilities and motor coordination. It also increases reaction time which makes it harder for drivers to avoid collisions. Because marijuana intoxication increases the risk of getting into an accident, it is illegal to operate a car while under the influence of marijuana.

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How to Prepare for Your Driver’s License Reinstatement Hearing

 Posted on October 11,2021 in License Reinstatement

Aurora Traffic Violation AttorneyIn Illinois, an individual’s driver’s license can be suspended or revoked for driving under the influence of alcohol DUI), receiving several driving violations, failure to pay toll road fees, and even failure to pay child support. If an individual’s license is revoked, the only way to reinstate the license and recover the ability to drive is to meet certain eligibility requirements and attend a Secretary of State (SOS) driver’s license reinstatement hearing.

Informal Driver’s License Reinstatement Hearings

There are two types of license reinstatement hearings in Illinois. If you lost your license due to a first-time DUI or moving violation, you will probably be eligible for an informal reinstatement hearing.  Informal hearings are conducted at an SOS Driver Services facility. Unlike a formal driver’s license reinstatement hearing, most informal hearings are conducted on a walk-in basis. However, this does not mean that you should walk into an informal hearing unprepared.

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Will I Go to Jail for a DUI in Illinois?

 Posted on September 28,2021 in DUI

Will County DUI Defense AttorneyGetting arrested for driving under the influence of alcohol (DUI) is cause for serious concern, and you may feel that your entire future is at risk due to a rare lapse in judgment. For many people, one of the most troubling thoughts is the idea of spending time in jail after an arrest or conviction. Jail time is certainly possible for DUI offenders in Illinois, but it is often possible to avoid it, especially with the help of an experienced DUI defense attorney.

Police Custody After a DUI Arrest

If you are arrested for DUI, you will almost certainly be taken into the police station by the arresting officer, at least for a short time. At the station, you will be asked to submit to chemical testing of your blood alcohol concentration, which you cannot refuse without having your driver’s license suspended, and you may also be questioned by law enforcement. However, you do not have to answer these questions before speaking with an attorney.

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Can a CDL Be Permanently Revoked in Illinois?

 Posted on September 10,2021 in License Reinstatement

Aurora CDL Defense LawyerAccording to Illinois law, there are a number of violations for which a CDL driver can face fines and the temporary suspension of their commercial driver’s license. These penalties can have quite serious consequences, especially for those who rely on their CDL for their livelihood. However, some violations can come with even more serious consequences, including a lifetime disqualification of a driver’s CDL. If you are facing charges for one of these CDL violations, it is crucial that you have a strong defense strategy.

Which CDL Violations Can Result in Lifetime Disqualification? 

In Illinois, CDL drivers will rarely face a lifetime disqualification of their license for a first violation of any kind. However, there are several offenses for which a first violation will result in disqualification for at least 12 months. If a driver commits two of these offenses, or the same offense twice, in two separate incidents, the penalty increases to a lifetime disqualification. The violations for which this applies include:

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How Does a High BAC Impact DUI Sentencing in Illinois?

 Posted on August 23,2021 in DUI

Will County DUI Defense LawyerIn Illinois and most other states, the legal blood alcohol concentration (BAC) limit for drivers is 0.08. Though it is possible to be charged with a DUI with a lower BAC if there is other evidence of intoxication, it becomes more difficult to fight a charge when chemical test results show a BAC of 0.08 or above. However, you may be wondering what happens if you are charged with DUI and your BAC registered at much higher than 0.08.

According to the National Highway Traffic Safety Administration (NHTSA), a driver’s abilities can become significantly more impaired as their BAC increases. At a BAC of 0.15, a driver can experience vomiting and major loss of muscle control and balance, which can make a serious accident much more likely. Illinois aims to curb highly-intoxicated driving behavior by enforcing stricter penalties for drivers who are convicted of DUI with a BAC of at least twice the legal limit, or 0.16.

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4 Things to Know About Statutory Summary Suspensions in Illinois

 Posted on August 09,2021 in DUI

DuPage County DUI LawyerYou may be aware that if you are convicted of driving under the influence (DUI) in Illinois, your driver’s license will be revoked for at least a year. However, it is also possible to lose your driving privileges for a time even before your criminal case is resolved. Illinois drivers who are arrested and charged with DUI can be issued an automatic statutory summary suspension of their license if they fail or refuse a chemical test designed to detect the presence of alcohol and other controlled substances. If you have been arrested, here are some important things to understand about a statutory summary suspension.

Refusing a Test Results in a Longer Suspension Than Failing a Test

Illinois has an implied consent law that requires drivers who are arrested for DUI to submit to a chemical test. If you refuse the test, you face a statutory summary suspension of 12 months for a first offense. On the other hand, if you submit to the test and fail, meaning you are found to have a blood alcohol concentration (BAC) of at least 0.08, a THC concentration of at least 5 nanograms per milliliter of blood, or any amount of illegal drugs in your system, you will face a suspension of only six months for a first offense.

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How Can I Prepare for my Formal License Reinstatement Hearing?

 Posted on July 23,2021 in DUI

IL DUI lawyerA vast amount of people in the United States require their own form of transportation to maintain their livelihood and continue their daily routine. Driving, however, is a privilege and that privilege can get taken away under certain circumstances. Fortunately, this privilege can also be reinstated if you take the right steps. If your driver’s license has been revoked due to an offense involving multiple DUI charges or a fatality, you will need to attend a formal hearing with the Secretary of State (SOS) to reinstate your license.

What to Expect Prior to the Formal Hearing

To have a successful administrative hearing, there are several steps you must take before the hearing takes place. First, a written request must be mailed in, including a $50 filing fee. Any emailed or faxed requests will not be acknowledged. The request must include various personal information, including the petitioner’s full name, current address, and social security number. These requests are accepted 90 days after the most recent hearing. Once the request and fee are received, the hearing will be scheduled.

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