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IL defense attorneyEvery year thousands of Illinoisans suffer severe injuries in motor vehicle collisions. Unfortunately, many of these collisions are caused by the negligent actions of a driver. Because of this, law enforcement officials throughout the state are constantly on the lookout for signs of negligent or careless driving. In the state of Illinois, a reckless driving charge can come with serious legal ramifications. If you have been charged with reckless driving, it is time to speak with a knowledgeable legal professional.

What Is Reckless Driving?

Illinois’ reckless driving law is defined under the Illinois Vehicle Code, in statute 625 ILCS 5/11-503. The statute states that reckless driving is the act of willfully disregarding the safety of other travelers. The most common examples of reckless driving in the state of Illinois, including driving over 35 mph over the legal speed limit, recklessly swerving from lane to lane without signaling, and using an incline to become airborne on a roadway. The consequences of a violation of this magnitude should not be understated.

The Legal Consequences

In the state of Illinois, the safety of all travelers is taken incredibly seriously, thus it should come as no surprise that the legal ramifications of a reckless driving conviction can be severe. If convicted a driver will face Class A Misdemeanor charges, possible fines, points against your license, and potentially massive increases on your insurance premiums. It should be noted that if a person is seriously injured due to a driver’s reckless driving, the charges will be elevated from a Misdemeanor to Class 4 Felony charges. While a reckless driving charge will not lead to an immediate license suspension, your license can be suspended if you have two previous violations on your record.

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IL defense lawyerBeing a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.

Experiencing Employer Pressure and Negligence in the Trucking Industry

While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.

In other instances, employers will overload a vehicle’s cargo. If you are aware of the overweight vehicle and were pressured to avoid weigh-in stations, you should alert your attorney right away. If you were unaware that the vehicle was overweight, your attorney can work to prove that you were not acting in a negligent manner. Other examples of employer negligence include pressuring a driver to drive on high-grade roads that would violate grade restrictions and providing a driver with an improperly maintained vehicle.

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IL traffic lawyerEvery year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.

The Legal Ramifications

In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.

If a driver is charged with a DUI while transporting a child 16 years of age or younger, and the child suffers injuries in a collision, the driver can face Class 2 felony charges. If convicted, the driver will likely face a three- to seven-year prison sentence, although the penalties for a Class 2 felony vary on the offense. A person will also face Class 2 felony charges for any DUI that results in the death of another party. It should be noted that the two-year license revocation period will commence at the end of the convicted party’s release from incarceration.

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Posted on in DUI

IL DUI lawyerHere in the state of Illinois, law enforcement officials are constantly on the lookout for impaired drivers. Recognizing the fact that drunk drivers cause approximately 30% of all nationwide traffic fatalities, and over 10,000 each year, it should come as no surprise that police officers do everything in their power to prevent inebriated driving. According to the Secretary of State’s office, more than 29,000 people were arrested for driving under the influence of alcohol, throughout 2018 alone. While the sheer number of DUI arrests could indicate that a DUI conviction comes with limited legal ramifications, this could not be further from the truth. If you have been charged with driving under the influence, it is time to speak with a lawyer.

The Legal Consequences of a DUI

The first thing to understand about the consequences of a DUI conviction is that the charge will go on your permanent record and cannot be expunged. In other words, the conviction will impact your ability to secure employment, loan opportunities, and housing for the rest of your life. A first-time DUI offender will be charged with a Class A misdemeanor if convicted. Along with having a misdemeanor charge on their permanent record, the offender can also face up to one year in prison, and fines as high as $2,500.

It is important to understand that this is the minimum penalty a person will face for a first-time DUI. In the state of Illinois, there are a number of aggravating factors, such as driving without a valid driver’s license or causing serious bodily harm to another party, which can result in your DUI charge being classified as an aggravated DUI. An aggravated classification will result in the charges being elevated from a misdemeanor to a felony and lead to harsher criminal punishments.

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IL defense lawyerIn the state of Illinois, a DUI conviction can come with serious legal consequences. Even a first-time DUI offender will face Class A misdemeanor charges and a minimum revocation of driving privileges for one year. While it is always wise to comply with the requests of the officer and remain composed, it is also important to understand that refusing a breathalyzer test is not a criminal offense. Below we will discuss some of the reasons why you could consider refusing testing during a DUI traffic stop. If you have been charged with driving under the influence of alcohol, seek out the guidance of a knowledgeable attorney.

The Consequences

While refusing to take part in a breathalyzer test is not a criminal offense, it is an administrative offense. In other words, because driving is a privilege and not a right, you provide implied consent to submit to a breathalyzer test if requested by law enforcement officials, the moment you become a licensed driver in the state of Illinois. Because of this, refusal to submit to testing will result in a 12-month suspension of driving privileges. A driver that refuses testing will likely be eligible to continue driving with a Monitoring Device Driving Permit (MDDP). A second refusal will result in another suspension, this time for a three year period. A two-time offender will be deemed ineligible for an MDDP.

The Potential Benefits of Refusal

Refusing a breathalyzer test can be the right decision during a DUI traffic stop. First and foremost, a refusal can result in administrative offense rather than a criminal offense on your permanent record. It should be noted that a refusal to submit to a breathalyzer does not always mean the case will be dismissed. A prosecutor will face more challenges proving the DUI charges in court, without the evidence of a blood alcohol content result. The prosecution will rely on the officer’s statement, video recordings, any field sobriety testing that took place, and witness testimony. Without the evidence from a breathalyzer test, your attorney will have a better chance of ensuring that charges are dropped.

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