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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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Posted on in DUI

IL DUI lawyerEvery year, thousands of people are arrested for driving under the influence of drugs or alcohol, throughout the state of Illinois. According to Illinois state law, a first-time DUI conviction constitutes a Class A Misdemeanor. Along with the criminal charge, a conviction will likely lead to significant fines and serious rises in insurance rates. Recognizing this, all DUI charges should be taken seriously, but some can come with harsher criminal punishment. If you have been charged with an aggravated DUI, it is time to seek out the help of a trained legal professional.

What Is an Aggravated DUI?

An aggravated DUI is a DUI charge that is elevated in severity due to the presence of any number of aggravating factors. These aggravating factors can include being charged with a DUI in which severe bodily harm was caused, the DUI was committed without a proper driver’s license or a DUI charge in which the offender had previously been convicted of a DUI.

In all of these instances, the charges will be elevated from a misdemeanor to a felony charge. The type of felony will vary depending on the aggravating factors. For instance, a third DUI charge automatically constitutes a Class 2 felony charge. In a DUI case in which someone was greatly harmed, the driver would be charged with a Class 4 felony charge, resulting in much more severe potential criminal punishment.

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IL CDL attorneyCommercial truck drivers are held to incredibly high standards. Every single action they take is heavily monitored and scrutinized, and for good reason. Considering the size and braking capabilities of the vast majority of commercial trucks, ensuring the safety of other travelers can only be possible through the strict enforcement of regulatory standards. A CDL violation can come with life-changing ramifications. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable attorney.

The Implications of a CDL Violation

CDL violations can come in any number of forms. A violation can be strictly centered around driver error, such as a speeding citation, erratic lane changing, or following another vehicle too closely. In other instances, a violation can come from a driver violating their contract and using drugs or alcohol while on the job. Some of the most common violations have nothing to do with the driver themselves and are caused by negligence on the part of the trucking company. These violations can include falsification of driving log hours or operating an overweight cargo. Regardless of the type of violation, it is time for you to react.

In many instances, a violation will result in an automatic suspension of your CDL (these violations include excessive speeding, drunk driving, or other forms of criminal conduct). If you have been falsely charged with a violation, it is time to speak with your attorney. For instance, if you were accused of speeding but the truck speed limit sign was noticeably difficult to see, you may be able to have the violation removed from your record.

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IL defense attorneyHere in the state of Illinois, severity of drug possession charges can depend on a number of criteria. Much like in many other states, the severity of potential criminal charges will mostly depend on the amount of narcotics and the type of substance. Recognizing the fact that Illinois is facing major issues involving drug use and drug-related fatalities, the state decided to establish the Illinois Controlled Substances Act designed to criminalize possession and intent to distribute certain controlled substances. Below we will discuss how a drug possession charge can impact you, and how you should react if you have been charged with drug possession.

Drug Possession in Illinois

A lot has changed in the past year, as it pertains to drug possession law in the state of Illinois. The Cannabis Regulation and Tax Act will go into effect in January, changing how law enforcement officials will regulate the recreational use of marijuana. With the passing of the new law, a person will now be able to legally possess up to 30 grams of marijuana. If a person is apprehended with anywhere from 30 to 100 grams, they will face misdemeanor charges, up to one year in prison, and fines as high as $2,500.

While the perception and legality about marijuana have changed statewide, the view on other drugs has not. Possession of substances such as heroin, cocaine, and morphine will result in felony charges. If convicted, the person charged could face an incredible $200,000 in fines. If a person is apprehended with upwards of 15 grams of these substances, they could spend anywhere from four to 15 years in prison. Recovering from a drug charge on your permanent record, and crippling fines can be a tall order for any person. Fortunately, a quality legal professional may be able to help you avoid a conviction altogether.

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1555 Bond Street, Suite 103A, Naperville, IL 60563

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