1555 Bond Street, Suite 103A
Naperville, IL 60563

Se Habla Español
Call Today for a Free Consultation

Call Us630-448-2001

Recent blog posts

IL CDL defense lawyerDrivers of commercial vehicles are generally held to a higher standard than most motorists due to the fact that the vehicles they operate are so large and are often used to transport dangerous cargo. For instance, those who drive commercial vehicles must obtain a special license (Commercial Driver’s License), satisfy specific training requirements, and comply with both federal and state regulations. Further, drivers who fail to abide by these rules risk losing their CDL driving privileges either temporarily or permanently, depending on the type of moving violation that they commit. It is possible, however, for drivers to have their CDLs reinstated, so if you were recently convicted of a major or serious moving violation, you should speak with an experienced DuPage County CDL violations defense lawyer who can advise you.

Serious Moving Violations

Commercial vehicle drivers who are convicted of a serious violation will not necessarily have their licenses revoked immediately, although second and third violations will result in disqualification for at least 60 and 120 days respectively. The most common serious violations include:

  • Speeding 15 miles per hour or more above the legal limit
  • Driving recklessly
  • Violating a state or municipal law in connection with a fatal traffic accident
  • Having multiple driver’s licenses
  • Making improper or erratic lane changes or following too closely
  • Driving a commercial vehicle without obtaining a CDL
  • Using a prohibited electronic device while operating a vehicle
  • Texting while driving

A commercial driver who was not driving a commercial vehicle at the time of a violation could still face revocation of his or her CDL, but only if the act would also result in a suspension of the driver’s non-commercial driving privileges.

...

IL defense lawyerMotorists who commit certain traffic offenses face serious penalties, including hefty fines and restrictions on their driving privileges. Those who have been convicted of driving under the influence (DUI), for example, could end up with their driver’s license suspended or revoked indefinitely. Fortunately, it is possible to have your license reinstated, although the process of doing so can be complicated, so if your own license was recently suspended or revoked, you should speak with an experienced Naperville driver's license suspension lawyer who can walk you through the process of reinstatement.

Summary Suspension

Drivers who are arrested for driving under the influence and are found to have a Blood Alcohol Concentration (BAC) of .08 or who are under the influence of a controlled substance will have their driver’s license suspended for between six to twelve months. This is known as a statutory summary suspension and will only terminate once the period of suspension has elapsed and the driver has paid the necessary $250 reinstatement fee. Fortunately, first-time offenders could also be eligible for a Monitoring Device Driving Permit, which allows motorists to drive during their period of suspension as long as their car is equipped with a Breath Alcohol Ignition Interlock Device (BAIID).

Driver’s License Revocation

Drivers who are convicted of driving under the influence will have their licenses revoked for at least a year, even for a first offense. Second offenses, on the other hand, come with a five year revocation period, while third offenses are punishable by a ten-year revocation. Drivers must also satisfy a number of requirements before they can seek reinstatement of their license, including:

...

IL defense lawyerAs parents, we all want to protect our children. We all fear for the safety and wellbeing of our children. Unfortunately, in some cases, our children make poor decisions that can negatively impact their future. Every year, thousands of minors are charged with underage drinking in the state of Illinois. While many people think that these decisions will only come with limited legal ramifications, the truth is that a serious alcohol charge can impact your child’s employment and advanced education opportunities. Below we will examine the consequences of underage drinking and how they can ultimately impact your child.

Understanding the Impact of a Charge

First and foremost, it is important to understand that even the most minor of underage drinking charges can result in serious legal ramifications. In the state of Illinois, the purchase, consumption, or possession of alcohol as a minor constitutes a Class A misdemeanor charge as well as a $500 fine. It is also important to note that this charge will also lead to a mandatory three-month license suspension, even for a first-time offender. If a minor is using a fraudulent state ID to purchase or consume alcohol, they can face even more serious consequences. According to the Illinois Liquor Control Commission, use of a fraudulent Illinois ID can constitute Class 4 felony charges. In both cases, a minor’s future can be compromised due to one criminal conviction.

If a minor chooses to drink, it is not uncommon for them to make the poor decision to get behind the wheel of a car. Unfortunately, a DUI conviction will result in loss of driving privileges, significant fines, as well as Class A misdemeanor charges. The true impact of a charge of this magnitude cannot be understated. A child with a misdemeanor or felony on their criminal record will face difficulties securing employment or further academic opportunities.

...

IL CDL violation lawyerCommercial truck driving is one of America’s largest and most critical industries. Commercial truck driving is a crucial part of our lives but does come with some inherent risks. Due to the sheer size of commercial trucks, they are more difficult to operate and collisions tend to be increasingly destructive. It should come as no surprise that more than 4,000 people died in commercial trucking accidents throughout 2018 alone. Because of this, law enforcement officials are cracking down on commercial truck driving negligence. If you have been cited for a CDL violation, it is time to seek out a knowledgeable defense attorney.

Most Common Forms of Truck Driver Negligence

When a truck driver is cited for a CDL violation, it is critically important to act quickly. In the United States, the most common CDL violations include drinking and driving, speeding, recklessly passing other vehicles, and other forms of reckless driving. It is also important to note that some violations that can result in a CDL violation may not be the fault of the driver. In some instances, a company will improperly load or care for a vehicle leaving the driver with an overloaded or improperly maintained vehicle. Regardless of the reason behind your CDL violation, hiring an attorney you can trust is critically important.

How an Attorney Can Help

If you are charged with a CDL violation, you can face significant fines and suspension or revocation of your CDL. With such a massive impact on your livelihood, you need to hire an experienced attorney to help you fight against the CDL violation. If the violation was the fault of the company, your attorney will work diligently to prove that you had no knowledge of the negligence displayed by your employer. Violations such as driving under the influence and aggravated speeding can also be challenged in court through a number of defense strategies.

...

IL DUI LawyerEvery single year thousands of Illinoisans are arrested for driving under the influence of drugs or alcohol. Due to the sheer number of annual drunk driving accidents as well as the recent legalization of recreational marijuana, law enforcement officials are increasingly on the lookout for signs of inebriated driving. While most people that a DUI charge will automatically result in a conviction, the truth of the matter is that a skilled defense attorney can be invaluable in helping you avoid a conviction. If you are facing DUI charges, it is time to speak with a criminal defense attorney you can believe in.

Improper Traffic Stops

In order to be pulled over for a DUI traffic stop, a law enforcement official must spot an initial traffic violation. If a police officer pulls you over while you were in full compliance with traffic ordinances, the evidence gained after the stop may be deemed inadmissible in court. A skilled attorney will investigate the traffic stop through witness testimony and surveillance footage to deem if the actions of the officer match up with the events leading up to the stop.

False Signs of Inebriation

In some instances, a police officer will misidentify signs of inebriation. For example, red or puffy eyes could be seen as a sign of intoxication, but could actually be due to a medical condition or allergic reaction. The same notion applies to slurred speech and other motor skill challenges, the defendant may be facing due to a medical condition. Recounting every step of the arrest process to your attorney is critically important in helping them build a strong defense case. If you have any medical conditions that may have represented false signs of intoxication, let your attorney know immediately.

...
Illinois State Bar Association DuPage County Bar Association Kane County Bar Association Hispanic Lawyers Association of Illinois
Law Office of Patricia Magaña, LLC

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

Back to Top