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IL defense lawyerEvery single day, hundreds of Illinoisans are ticketed for violating the state’s speed limits. With the sheer number of speeding tickets handed out by law enforcement officials each and every day, many people believe that a speeding violation is not a big deal. In all reality, a speeding violation can result in points against you on your license, and in some cases an automatic suspension or even a criminal charge. If you have received a speeding ticket, it is time to seek out an attorney that will fight for you.

The Impact of a Speeding Ticket

In the state of Illinois, even the most minor of speeding tickets will result in points against your driving record. If you are ticketed for driving less than 10 miles per hour over the speed limit, you will still receive five points against your driving record. As your speeds rise, so does the severity of the ticket. If you receive an aggravated speeding ticket (driving at speeds 26 miles per hour or higher than the legal speed limit), you will be facing misdemeanor charges, possible fines, and potential jail time.

Regardless of the seriousness of the violation, an accumulation of three more traffic violation convictions will result in a driver’s license suspension. The length of the suspension will be dictated by the number of points against the driver’s driving record. For instance, those with over 100 points on their driving record will face a one-year license suspension. It should also be noted that points against your license can almost immediately result in significant rises to your insurance rates

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Posted on in Traffic Violations

Il defense lawyerCommercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.

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Posted on in DUI

IL defense lawyerEvery year, thousands of drivers are arrested for driving under the influence of drugs or alcohol in the state of Illinois. While many offenders will simply plead guilty for a DUI charge, especially their first charge, a DUI conviction can come with serious legal ramifications and potential changes to your lifestyle. If you have been charged with driving under the influence, it is important to contact a knowledgeable attorney as soon as possible.

The Ramifications of a Conviction

In the state of Illinois, DUI charges are taken very seriously. A first-time DUI conviction constitutes a Class A misdemeanor charge and can lead to fines as high as $2,500 and even potential jail time. In all reality though, the true impact of a DUI conviction can go far beyond a mark on your criminal record.

Loss of Driving Privileges: First and foremost a DUI conviction will impact your ability to operate a motor vehicle in Illinois. According to the Secretary of State’s Office, a first time DUI conviction will automatically lead to a one-year license revocation period. In other words, the driver’s driving privileges will be revoked for a minimum of one year. It should be noted that drivers under the age of 21 will face a two year revocation period for their first DUI conviction. Drivers are eligible to register for a Monitoring Device Driving Permit (MDDP), but must pay for the installation and tracking of a Breath Alcohol Ignition Interlock Device (BAIID).

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IL defense lawyerIn the state of Illinois, law enforcement officials are always on the lookout for drivers failing to adhere to the state’s driving laws. People are pulled over every day for minor offenses such as failing to come to a complete stop at a stop sign or driving over the speed limit. In the vast majority of instances, the driver will only receive a ticket for a violation and amass points against their driving record. While three minor traffic violations in one year can result in a license suspension, there are some offenses that come with more significant ramifications. A reckless driving charge is one of the most serious violations in Illinois.

What is Reckless Driving?

Illinois law defines reckless driving as the operation of a vehicle with willful disregard for safety and property. The most common forms of reckless driving include driving at speeds of 25 miles per hour or more over the legal speed limit, aggressively tailgating other drivers, illegally passing vehicles, and disregarding traffic signs. Drivers can also be charged with reckless driving if they attempt to use an incline in the roadway to cause the vehicle to become airborne. It should be noted that there are a number of factors that will ultimately dictate whether a driver is likely to be charged with reckless driving. These factors include the time of day, the driver’s intent, weather conditions, and the presence of other vehicles.

The Consequences of Reckless Driving

In Illinois, reckless driving can come with significant legal consequences. If a driver is charged with reckless driving, they will face a Class A misdemeanor, up to one year in jail, and fines as high as $2,500. Outside of the fine and jail time, a conviction of this magnitude can impact your ability to secure employment opportunities, and result in rises in your motor vehicle insurance payments. There are also a number of factors that can lead to the charge being elevated to a felony charge. Most notably, if your reckless driving results in bodily harm to a child or a school crossing guard, the charge will be elevated to a Class 4 felony. In these instances, you can be fined as much as $25,000 and face one to three years in prison.

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IL defense lawyerWhen Illinois Governor J.B. Pritzker signed a bill in June of 2019, to make marijuana legal, Illinois became the eleventh state in the United States to legalize recreational marijuana use. The new law officially came into effect on January 1, 2020. Last week, thousands of Illinoisans flocked to cannabis stores to legally purchase marijuana for the first time in Illinois. When some people hear the word legal, they immediately think that means no limits. In all reality, Illinois’ new law comes with a number of restrictions and guidelines. If you are facing drug charges, it is time to speak with a skilled legal professional.

Restrictions to the Marijuana Law

First and foremost, while Illinois’ new marijuana law legalizes recreational marijuana use, it does not legalize it for everyone. Much like with the consumption of alcohol, minors under the age of 21 caught using marijuana will likely face criminal charges. It is also important to note that legal does not mean anywhere. You are legally allowed to smoke marijuana in a private residence or in an established smoke area (in a private establishment). Any private business owner can prohibit the use of marijuana on their property. Marijuana use is also prohibited in motor vehicles, in public parks, and in the presence of a minor.

The legalization of marijuana also comes with restrictions on the amount of marijuana one can possess. If you have more than 30 grams of marijuana at one time, you are breaking the law. A person with upwards of 30 grams of marijuana draws suspicion regarding their intent with the substance, and will prompt police to ask if they are attempting to distribute. It is also illegal for recreational marijuana users to grow a marijuana plant in their residence, although it is legal for registered medicinal users. While the new Illinois marijuana law may make you think that marijuana is legal without restrictions, this could not be further from the truth. Educate yourself on the rules of the law, and help yourself avoid serious legal ramifications.

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