DUI Category Archives — Page 39 of 41 — Illinois DUI Lawyer Blawg Published by Springfield, Illinois DUI/DWI Attorney

Published on: September 3, 2010

More Mel Gibson DUI fallout

As an Illinois DUI lawyer, I have been following the story of Mel Gibson’s 2006 arrest for DUI. Gibson was pulled over on July 28, 2006 and investigated for DUI. During the course of the investigation, Gibson made anti-Jewish comments.

There were allegations that the LA County Sheriff’s Department attempted to cover up Gibson’s action by, among other things, amending the investigating deputy’s police report to remove some of Gibson’s anti-Semitic statements. The deputy who wrote the original report has sued the LA County Sheriff, alleging that the department damaged his career to retaliate against his telling the truth about Gibson.

If you are arrested for DUI in Illinois, you should understand what happens during the traffic stop leading up to the arrest. You will likely initially have contact with the police because of an alleged traffic offense, suspicious behavior, a citizen’s complaint or a safety checkpoint.

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Published on: August 27, 2010

Illinois DUI reckless homicides decline

By Theodore Harvatin

In Illinois, as well as nationwide, traffic deaths declined in 2009. According to statistics from the United States Department of Transportation National Highway Safety Administration, Illinois experienced a 13% decrease in traffic fatalities in 2009.

There were also fewer arrests for felony reckless homicide. In Illinois, the offense of reckless homicide can include a traffic crash in which someone is killed. Reckless homicide is a class-2 felony punishable by 3-14 years of imprisonment, although probation is an option.

At one time, Illinois law provided that a driver who is DUI and who is involved in an accident in which there is a fatality is assumed to be guilty of reckless homicide. However, the Illinois Supreme Court ruled that this law was unconstitutional.

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Published on: August 20, 2010

Springfield Illinois DUI arrest causes newspaper reporter later problems

By Theodore Harvatin

A newspaper reporter in Springfield Illinois arrested for DUI last year received a statutory summary suspension. A statutory summary suspension takes effect on the 46th day after an Illinois DUI arrest. The suspension and the DUI ticket are separate items. Even if your DUI is dismissed, you will still have a suspended (invalid) driver’s license, unless the statutory summary suspension is rescinded (thrown out).

Depending on your previous driving record and whether you took or refused testing, your driver’s license will be suspended for as short as six months and as long as three years. If you took the test and have not had a DUI in the previous 5 years, you will be suspended for 6 months; if you refused, you will be suspended for 12 months. During all but the first 30 days of either suspension, you are eligible to apply for an MDDP.

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Published on: August 13, 2010

Illinois DUI and Statute of Limitations

By Theodore Harvatin

Illinois DUI lawyers are often asked about statutes of limitations. A statute of limitations restricts the time in which the state can charge you. In that connection, there are two separate but related issues.

If you are accused of a misdemeanor (fewer than three previous DUI offenses), the state has 18 months from the date the offense was allegedly committed in which to file charges against you. If you have more than two previous DUI offenses, you may have committed a felony DUI. In that case, the state has 3 years from the date the alleged offense was committed in which to bring charges.

Once charges are filed against you, the statute of limitations has been satisfied. Therefore, if you skip out on court, the state can prosecute you for that DUI years later and not run afoul of the statute of limitations.

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Published on: August 6, 2010

Illinois DUI and felony

By Theodore Harvatin

Repeat DUI offenses can result in felony charges, leading to prison time, as much as 30 years in some situations. As you ask yourself, should I hire an Illinois DUI lawyer for a first offense, keep in mind the following information. It demonstrates that previous DUI offenses can come back to haunt you when the judge is deciding what sentence to impose.

If you have more than two previous DUI offenses, you may be charged with a felony. In determining whether or not you are felony eligible, both out-of -state DUI offenses, as well as DUI offenses for which you received court supervision, are included.

If you believed that supervision “does not go on my record and does not count”, you misunderstood how Illinois DUI supervision works. Supervision does not cause a driver’s license revocation and does not become part of your public driving record. However, the prosecutor, the Secretary of State, the police and the judge will be aware of it, forever. Likewise, you might be surprised to discover that an out-of-state DUI offense that is not on your Illinois record but that the state knows about because of the National Registry/ PDPS also counts when assessing the felony issue.

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Published on: July 29, 2010

Illinois DUI hold on out of state driver’s license

By Theodore Harvatin

Recently, a Pennsylvania man was penalized for a 1985 DUI. The driver was arrested for DUI while visiting Maine in 1985 and satisfied all the requirements of the state of Maine. However, because of bureaucratic confusion, the DUI was not reported to Pennsylvania, the state where he held a driver’s license, until 2004.

In 2009, the driver was arrested in Pennsylvania for DUI. Pennsylvania law provides that someone without a DUI conviction in the previous 10 years is entitled to more lenient treatment.

The driver argued that his previous DUI was more than 10 years old. However, because the conviction was entered on his record within the last 10 years, he was not entitled to more lenient treatment, the court ruled.

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Published on: July 15, 2010

DUI arrest statistics show increase in female offenders

By Theodore Harvatin

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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Published on: July 8, 2010

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

By Theodore Harvatin

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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Published on: July 1, 2010

Illinois DUI arrests and traffic offenses for CDL holders

By Theodore Harvatin

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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Published on: June 24, 2010

Multiple DUI Offenders in Illinois

By Theodore Harvatin

Someone with multiple DUI convictions in Illinois may be charged with a felony and could be sent to prison. In addition, their driver’s license will be revoked either for 5 years, 10 years or life.

Illinois DUI law provides for escalating criminal penalties for each new DUI charge. In the more extreme cases, probation is not an option; you will be sentenced to prison (the Illinois Department of Corrections, not just the county jail). You should also expect to pay higher and higher fines for each new DUI offense.

In addition, upon being convicted of DUI, you will have a driver’s license revocation. If you have not had a successful driver’s license reinstatement hearing, any later DUI arrests will mean you were also driving with a revoked license. Upon conviction for that offense, you will face jail time separate and apart from any jail or prison time you receive if you are convicted of the new DUI. In addition, your license will be revoked for another year.

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