July 2010 Archives

July 29, 2010

Choosing an Illinois Driver's License Reinstatement Lawyer

You work hard for your money and do not want to waste it. If you lose your driver's license, you may be tempted to have attend a Secretary of State driver's license hearing without the benefit of a lawyer You may have been told to attend the first hearing on your own because "they deny everybody the first time". 'Everybody" who does not know what they are doing, or who hires an attorney who does not understand the process, or who believes what an ill-informed evaluator tells them will get denied the first time.

However, this does not have to be the outcome if you hire an experienced and knowledgeable driver's license hearing lawyer. Certainly the fees you pay are important, but if a lawyer who charges low fees does not have the experience and knowledge of the process to achieve a favorable outcome, you have not saved any money; you have wasted all of the money you paid him.

Ask a potential lawyer these questions: How many hearings do you attend each week; how long have you been doing this; is this the main part of your practice, or do you just do this "on the side" to bring in extra money; how much experience did you have as a Secretary of State hearing officer before you started representing clients; how many articles have you published or lectures have you given to other lawyers on this topic?

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July 15, 2010

DUI arrest statistics show increase in female offenders

Any experienced Illinois DUI lawyer can tell you that the overwhelming majority of those arrested for DUI are male. Some reasons for this are that men drive more miles than women, men are under more pressure as they are typically the primary breadwinners of a family, men take greater risks and society is more accepting of male excessive alcohol consumption.

However, United States Department of Transportation studies have shown a dramatic increase in female DUI arrests. The same reasons are cited: women are driving more, women have suffered fewer job losses during the recession and thus are often the primary source of family income, and particularly among younger women, there is less social stigma attached to DUI than was once the case.

In earlier times, judges were receptive to a man's argument that the consequences of a DUI were too severe. He needed to "feed his family". Not only could he face jail time and loss of driving privileges, but the monetary costs of a DUI would take money out of his pocket and that of his family.

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July 8, 2010

When it comes to Illinois DUI, your problems do not end with the courts

If you are arrested for an Illinois DUI, two things are at risk. The first is your liberty and property; the second is your driver's license.

DUI is a crime. As such, you are subject to fines and possible jail time if you are convicted of DUI. For a first DUI offense with no death or injury, a conviction can result in up to 364 days in the county jail and/or a fine of up to $2,500.

Many Illinois courts will also require to you attend a Victim Impact Panel (VIP), not drink or use drugs or go to taverns during a probationary period, attend a few Alcoholics Anonymous (AA) meetings and obtain a drug and alcohol evaluation. You might also be required to complete Driver Risk Education (DRE) and complete alcohol counseling.

After you are convicted of the DUI, your driver's license will be revoked. In order to have it returned to you, you must have a hearing with the Illinois Secretary of State.

You may believe that once you have met all the court requirements--paid your fines, done your jail time, not gone to a tavern or consumed alcohol or drugs, obtained your evaluation and completed all your classes--the driver's license reinstatement hearing would be a simple matter of providing evidence to the Illinois Secretary of State of these accomplishments.

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July 1, 2010

Illinois DUI arrests and traffic offenses for CDL holders

A commercial driver's license ("CDL") is in essence a trucker's license. In order to obtain a CDL, you must pass a number of written and driving tests administered by the Illinois Secretary of State.

What may surprise you as a CDL holder is that you can lose your CDL for offenses that do no occur in your commercial motor vehicle ("CMV"). When the Illinois Secretary of State invalidates a CDL, it is known as a disqualification ("DQ").

If you commit any offense that causes a suspension or revocation of your regular driving privileges, your CDL will also be invalid. For example, a suspension for too many traffic tickets in a non CMV (your car for example) would cause your CDL to also be invalid.

If you are under 21, you can obtain a CDL. There are certain offenses such as drinking tickets, minor-in-a-tavern, minor-in-possession and fake ID's that will cause a suspension of your driver's license even if you are not driving. Remember that a suspended license will also invalidate your CDL during the suspension period.

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