Posted on April 18, 2016 in Traffic Offenses

Traditionally when a driver is stopped in Illinois for a traffic offense, the police officer approaches the driver’s vehicle, asks for the driver’s license and registration, and then asks a handful of other questions. If the officer is going to issue a ticket, the officer must complete the citation form by hand. Filling out the ticket form by hand can present a lot of problems, such as transcribing down information about the driver, vehicle, or offense incorrectly on the form, or the officer’s handwriting could be illegible.

Such problems with handwritten tickets are typically a boon to Illinois drivers. While minor mistakes on a traffic citation generally will not cause your ticket to be thrown out in court (such as an incorrectly cited make of vehicle or vehicle color), a material error (for example, a ticket issued to the wrong name), or a ticket that is completely illegible could get your charges dismissed.

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 Posted on April 14, 2016 in Criminal Defense

In an effort to help combat the heroin epidemic that has been plaguing the United States in the past few years, in 2012 the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act was amended to include a provision that provides limited immunity from prosecution for those who witness an overdose and call for help. In other words, those who report an overdose can avoid at least some drug charges. The provision is codified in 720 ILCS 570/414, and is sometimes referred to as the Illinois Good Samaritan Overdose Law.

Good Samaritan Overdose Law Limited to Possession of Drugs That Can Cause Overdoses

The overdose law offers protection to those who report an overdose. However,the protection offered by the law is strictly limited to possession and is limited to small quantities of drugs that are capable of causing an overdose. Those who seek medical attention for someone who is overdosing will not be charged with a Class 4 felony for possession of a controlled, counterfeit, or look-alike substance or a controlled substance analog if evidence for a Class 4 charge was acquired as a result of seeking help for the person who is overdosing.

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 Posted on April 11, 2016 in Traffic Offenses

When Illinoisans receive a ticket for a traffic violation, they often considerit as an inconvenience. It means a ticket that they might have to dispute, and a fine. However,few people who get a ticket really understand the long-term impact that a ticket can have on their wallet.

There are hidden costs associated with getting a ticket in Illinois that cannot be overlooked and need to be considered when deciding whether to just pay the fine or to fight theticket.

Illinois Tickets Are Some of the Most Costly in the Country

KMOV.com recently reported on a national study whichrevealed that traffic tickets have one of the biggest impacts on Illinoisdrivers, due to the long-term costs associated with getting a speeding ticket. While the initial cost of the traffic ticket might not be too high, after several years of auto insurance hikes, a ticket can be quite costly. There are a handful of Illinois communities—a majority of which are located in Cook County, including Harvey, Cicero and Park Ridge—where getting a ticket can cost individuals $1,000 more over a five-year period than a ticket would cost other Americans.

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 Posted on April 06, 2016 in Criminal Defense

There are a number of individuals who face domestic violence charges in Illinois and do not know what to do about the charges that are pending against them. Criminal charges can be scary and serious, as a conviction can have a long-term impact on a person’s life.

A domestic violence conviction can impact a person’s ability to go near the alleged victim, stay in their own home, or could impact their child custody or visitation rights. An experienced domestic violence criminal defense lawyer can help with domestic assault and battery charges and any other domestic violence-related legal assistance you might need, such as dealing with charges concerning a violation of a protection order or charges of domestic battery. Criminal defense can be technical and confusing, but those who stand accused should have an understanding of their legal options.

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 Posted on April 04, 2016 in Criminal Defense

Sometimes domestic situations get out of hand. One person in arelationship or family situation, often a male, might lose his temper or act out angrily at his partner, ex, or family member. The other party, often a woman, is the alleged victim, and she might feel threatened, fearful, or vindictive and could over-react to the situation. She might want to call the police and report the incident as an instance of domestic violence.

Calling the police for a domestic violence situation is a serious matter, since the cops are most likely leaving the scene with someone in custody, usually the alleged abuser. Many people know this and do not want to be arrested. Threats made by the alleged victim to call the police can prompt the alleged abuser to interfere with the victim making the call to the authorities. The alleged abuser might:

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 Posted on April 01, 2016 in Traffic Offenses

A significant number ofpeople in Illinois drive while distracted—a action which can leaddrivers tobe issued a traffic citation. Often, a ticket for distracted driving accompanies some other traffic violation, such as following too closely or speeding and causing an accident.

Even if a distracted driver involved in an accident does not admit that he or she was texting while driving when the accident occurred, law enforcement will typically check a driver’s cellphone records around the time of the accident to determine if the driver was interacting with his or her phone at the time of the accident.

Many drivers underestimate how seriously Illinois law enforcement takes the issue of distracted driving. However, do not doubt for one second that police are not looking for signs of distracted driving on the road. Texting while driving is illegal under 625 ILCS 5/12-610.2. If you receive a citation for distracted driving, you should contact an experienced traffic violation lawyer immediately.

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 Posted on March 25, 2016 in Your Rights

Many criminal defendants are unaware that there is such a thing as criminal trespass to a vehicle until they are facing criminal charges for it. A typical scenario of how these charges arise involves a teenager who “borrows” a car or some other motor vehicle not belonging to him without permission and then takes the vehicle for a joyride. However, when the teen returns with the vehicle, he often finds himself under arrest and facing criminal charges for trespass to a vehicle.

Anyone who is facing criminal trespassing charges needs to seek out the help of an experienced criminal defense lawyer immediately.

What is Criminal Trespass to a Vehicle in Illinois?

Under 720 ILCS 5/21-2, a person who knowingly and without authority or permission enters or operates a vehicle of another can be found to have committed criminal trespass to a vehicle.

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 Posted on March 23, 2016 in DUI/DWI

Disrupting the peace or posing a threat to public safety is often the grounds for a disorderly conduct arrest under 720 ILCS 5/26-1. However,there are plenty of good reasons why you might have acted or behaved the way that you did—actionswhichmay serve as a defense to disorderly conduct charges.

If you are facing disorderly conduct charges, but believe that you have a defense that justifies your actions, you should discuss your particular case with an experienced criminal defense lawyer.

Potential Defenses to Disorderly Conduct Charges in Illinois

There are four main defenses to disorderly conduct criminal charges. These defenses include:

1. Exercising Your First Amendment Right to Free Speech. Some people who are very passionate about speaking out on an issue that is important to them have been charged with disorderly conduct, when the truth of the matter is that the defendant was merely exercising his or her First Amendment right to freedom of speech. Not all topics that are discussed openly in public are accepted by everyone. Yet nonetheless, people have the right to talk about controversial topics in public.

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 Posted on March 18, 2016 in Traffic Offenses

There are more than 300 red-light cameras in Chicago, and in many cases tickets that have been issued from these cameras may be void because the issuance of the tickets violates due process laws. According to a recently issued news report by the Chicago Sun-Times, Circuit Court Judge Kathleen Kennedy issued a ruling, potentially worth millions of dollars, against the city of Chicago to reimburse fines and penalties collected on red-light and speed-cam tickets that were issued without due process.

How Was Due Process Violated?

Due process is your right as an individual to be respected by the state or other governmental entity when it comes to your legal rights. When you are charged with a crime, you are granted certain due process rights, meaning that law enforcement, judges, and prosecutors must treat you in accordance with the law before finding that you are liable for a crime.

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 Posted on March 16, 2016 in Traffic Offenses

Most Illinois drivershave encountered a law enforcement imposed roadblock during their time. Law enforcement use roadblocks to conduct DUI checks, while also completinglicense checks and tags and registration checks on the drivers and their vehicles that pass through the roadblock. However, drivers may not understandtheir rights when it comes to roadblocks. In the event you encounter a roadblock, it is important to understand your rights.

Avoiding a Roadblock Before You Get to It

Many people can tell when they are approaching a roadblock. Traffic backs up, flashing lights are seen in the distance, and some vehicles mayturn around to find an alternative route. As a driver, youmay not be interested in waiting in order to proceed through the roadblock. You maybe in a hurry to get home after work, mayknow a shortcut around the roadblock, or maysimply lack the patience required to answer probing questions from law enforcement. Whatever your driving motivation is, you might decide to try and avoid the roadblock.

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