Posted on January 18, 2022 in License Reinstatement

In Illinois, drivers can lose their driving privileges due to a conviction for driving under the influence (DUI), multiple traffic violations, or conviction for a felony offense involving a vehicle. Driver’s license suspensions eventually terminate and the driver can pay a small fee to reinstate their driving privileges. However, once your driver’s license is revoked, the only way to get it back is through a driver’s license reinstatement hearing. Formal hearings are held at one of four Secretary of State locations in Illinois.

Understand the Requirements for License Reinstatement

Formal driver’s license reinstatement hearings are usually required when a driver has been convicted of a serious offense such as a second or third DUI or DUI resulting in death. Attending the hearing alone does not guarantee reinstatement. Depending on the circumstances of the offense, drivers may be required to complete a DUI risk education class, early intervention program, or substance abuse treatment to regain driving privileges. Make sure you understand exactly what is expected of you and complete those requirements before your hearing.

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 Posted on January 07, 2022 in Criminal Defense

Being arrested, charged with, or convicted of a crime can change your life forever. Not only can criminal convictions lead to jail time, and other penalties, being involved in the criminal justice system can also damage your personal and professional reputation. Having a criminal record can adversely affect your ability to get a job, secure housing, and live the life you want to. Understandably, many people are eager to get their criminal records erased. Read on to learn about expungements and record sealing in Illinois and what you should do if you want help erasing your criminal record.

Erasing Your Arrest Record

People get arrested every day. Whether due to an allegation of driving under the influence (DUI), shoplifting, drug possession, or another crime, being placed under arrest is not the same thing as being charged or convicted of a crime. Unfortunately, even if your arrest did not result in a conviction, there may still be a record of the arrest. Others may be able to view this arrest record and use it against you. Fortunately, you may be able to have the record of your arrest cleared from your record through the expungement process.

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 Posted on December 27, 2021 in DUI

In Illinois, drivers can lose their licenses for many different offenses. Driver’s license suspensions and revocations may result from charges for driving under the influence (DUI), multiple traffic violations, and failure to pay tickets. Once a license is suspended or revoked, the license holder is prohibited from driving any motor vehicle. Driving with a suspended or revoked license is a criminal offense. Fortunately, there may be a way to get back on the road legally after losing your license.

Seeking Driving Relief Through a Hardship License

If you lose your license, you may wonder how you will travel to work, attend classes, or manage other important responsibilities. One option is to seek driving relief through a Restricted Driving Permit (RDP). RDPs are sometimes referred to as “hardship licenses” because they offer partial driving privileges for those adversely affected by the loss of their driver’s license. For example, if you risk losing your job because you cannot drive, this may qualify as a hardship.

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 Posted on December 07, 2021 in License Reinstatement

In 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

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 Posted on November 23, 2021 in DUI

When 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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 Posted on November 11, 2021 in Juvenile

Parents 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?

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 Posted on October 26, 2021 in DUI

Illinois 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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 Posted on October 11, 2021 in License Reinstatement

In 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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 Posted on September 28, 2021 in DUI

Getting 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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 Posted on September 10, 2021 in License Reinstatement

According 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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