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…
Before you can have a hearing before the Illinois Secretary of State you need to fulfill the Illinois Secretary of State hearing requirements. You have to present the documents listed before the Illinois Secretary of State will let you sit for a hearing. But, having the documents does not mean a whole lot. The documents…
Winning a DUI case involves three major aspects. First, I review of the evidence the prosecutor has against you. This involves reviewing the arresting police officer’s narrative report, the alcohol influence report, (where your performance of the field sobriety tests are recorded), and any interview that may have been conducted at the time of your…