When a person is arrested and charged with a crime, (DUI, theft, resisting arrest, etc) they want to see the police report and any video evidence as soon as possible. The actual police reports and video evidence is usually tendered on the first court date. It is sometimes possible to obtain the police report and…
When you are arrested for a DUI the police will tow your vehicle, this is true even if your vehicle is parked in a safe location and not in the middle of the street. The reason they do this is to get your money from you. The towing charge is usually over $100. but the…
In Illinois the use of an electronic devise to compose, send or receive a message (texting) while driving is against the law. Anybody who has texted and driven at the same time can appreciate the danger involved, as driving a motor vehicle requires you to keep your eyes directed at the road ahead and looking…
If your involved in an accident in Illinois and the police officer makes the initial determination that you are at fault, you will like be given a ticket for “Failure to Reduce Speed to Avoid an Accident.” Receiving the ticket means you have to go to court where you will plead “guilty” or “not guilty.”…
The Illinois traffic charge of “Fleeing or Attempting to Elude a Peace Officer” is: 625 ILCS 5/11-204 Fleeing or attempting to elude a peace officer. (a) Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his…
The State of Illinois has increased the consenquences for a person speeding over 31 mph. Here is the law: Speeding 31 mph Plus Above Limit – No Supervision Courts may not grant court supervision to a violator when they are charged with speeding that is 31 miles per hour or more in excess of the…
Here is a summary of the new traffic and DUI laws that have taken effect in in 2012 and 2013: Cellular Telephone Ban Emergency Scenes (P.A. 97-0828 effective July 20, 2012 Amends 625 ILCS 5/12-610)No person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene where an…
According to Komonews.com, Omar Medina, age 26, was pulled over because the police thought he might be a drunk driver. When the police asked for his driver’s license, he allegedly responded by offering the police officer a can of beer. Not a good start. This is an extreme story of what not to do. However,…
Last Monday I appeared on a DUI case I am working on at the Daley Center. My client has a 3-year Statutory Summary Suspension pending and I was able to position the case so the 3-year Statutory Summary Suspension does not take effect. This was possible because we “beat the confirmation” from the Illinois Secretary…
A Petition to revoke a sentence occurs if you fail to complete all of the conditions of the sentence. For example, the sentencing court might sentence you to pay a $1,500.00 fine, take classes regarding alcohol, attend a Victim Impact Panel and not be charged with a crime during the period of your court supervision…