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Archive for the ‘Rolling Meadows criminal defense attorney’ Category

Revoked vs. Suspended Driver’s License: The Difference in Illinois

July 5th, 2017 at 9:09 am

driver’s license reinstatement, driving privileges, suspended driver's license, suspended or revoked license, revoked driver’s licenseSection 6-303 of the Illinois Code makes it illegal to drive a motor vehicle if your driver’s license is revoked or suspended. But what is the difference between a revoked license and a suspended license?

An article from The Balance summarizes the key difference well by noting that “a suspended license is bad and a revoked license is very bad—a suspended license is a temporary hardship, but a revoked license is permanent.” Consider the following additional differences that differentiate a revoked driver’s license from a suspended driver’s license in Illinois.

Key Differences

The main difference between a revoked driver’s license and a suspended license is that suspensions have an end date while revocations mean an indefinite loss of your driving privileges. This is because a suspended driver’s license can be reinstated after you have attended a reinstatement hearing with a Secretary of State hearing officer and have complied with all post-hearing requirements.

A revoked driver’s license, on the other hand, can never be reinstated. However, this does not mean necessarily mean that you will never be allowed to drive again. If your Illinois driver’s license has been revoked, then you are allowed to apply for a new driver’s license after the specified period of revocation has passed (unless a lifetime revocation has been placed on your driving privileges).

Other important differences between a revoked and a suspended driver’s license include:

  • Why the DMV Limited Your Driving Privileges: The Illinois Department of Motor Vehicles (DMV) suspends driver’s licenses for a wide variety of reasons (for example, traffic violations, failure to appear in court, parking violations, driving under the influence (DUI), failure to pay child support, etc.). However, the DMV only revokes a driver’s license for serious violations (for example, committing a criminal DUI, stealing a vehicle, leaving the scene of an accident, being convicted of drag racing, etc.).
  • Applicable Fees: The fee charged to reinstate a suspended Illinois driver’s license is usually substantially lower than the fee charged in connection with revoked licenses. How much the reinstatement fee for a suspended license is varies depending on the reason for the suspension but is often $70 (although it can be as much as $500), while the fee for a revoked license is usually $500.

Unsure if Your Driver’s License is Revoked or Suspended?

If you are unsure if your Illinois driver’s license is revoked or suspended, feel free to check the status of your license by visiting the DMV’s website. Even if your driver’s license is valid it is a good idea to periodically check your driving record just to make sure that everything is in order.

Reach Out to Us Today for Help

Losing your driving privileges can greatly impact your life. Day-to-day tasks like getting to work, picking your kids up from school, and even going to the grocery store are suddenly much more challenging. However, do not lose hope. There may be a way to get you back on the road sooner than expected. For example, you may be able to obtain a restricted driving permit if you agree to use a breath-alcohol ignition interlock device.

At The Law Offices of Christopher M. Cosley, our experienced Rolling Meadows driver’s license reinstatement lawyers have a high success rate when fighting to obtain restricted driving permits and full reinstatement of driver’s licenses on behalf of our clients. Let us fight for you.

Sources:

http://www.ilgagov/legislation/ilcs/fulltext.asp?DocName=062500050K6-303

https://www.thebalance.com/suspended-vs-revoked-license-527274

Getting a DUI Can Lead to Mandatory Drug or Alcohol Treatment Program

March 29th, 2017 at 8:00 am

alcohol treatment program, Rolling Meadows DUI lawyerEveryone with a driver’s license should be aware that it is illegal to drive under the influence of drugs or alcohol in Illinois. Yet there are many individuals who choose to operate a motor vehicle while intoxicated.

Someone who is charged with a DUI in Illinois faces jail time, a serious fine, and a permanent criminal record if convicted. However, people  are often unaware that the court can impose additional punishments on a person convicted of a DUI. In particular, the court is likely to require someone who is convicted of a DUI to complete a mandatory drug and alcohol rehabilitation program. Completion of a drug and alcohol rehabilitation program is also often a stipulation for getting your driving privileges reinstated in Illinois or as a condition of your probation.

Court-Ordered Drug or Alcohol Rehabilitation Programming

For an individual that the court views as having a drug or alcohol dependency problem, the court will order that the convicted individual complete a mandatory drug and alcohol rehabilitation program. Oftentimes, the drug and alcohol rehabilitation program is in lieu of jail time, but there are many instances where the judge sentences a defendant to both jail time and the mandatory rehabilitation program.

The program must be completed with a licensed treatment center and the cost of the program must be borne by the criminal defendant. There are several qualifying treatment centers from which to choose. Therefore, if you would be more comfortable attending a treatment program that is, for example, strictly for women, works exclusively with adolescents, or that has a religious affiliation, then this may be possible.

In less serious DUI cases, the court may require only that the convicted criminal defendant participate in a drug and alcohol remedial education program, instead of a treatment program. The purpose of these programs is to educate and help those individuals who have committed criminal acts, such as driving under the influence, as a result of their drug or alcohol use.

Fight the DUI Charges

Fighting your DUI charges is your best shot at avoiding a conviction for driving under the influence. If your DUI charges are dismissed, then you will not have to face jail time, fines, or be required to participate in a drug and alcohol education or rehabilitation program. For many people, a DUI is often the result of exercising temporary poor judgement. Someone who does not have a substance or alcohol abuse may not need a drug and alcohol educational program or rehabilitation program.

Contact Us for Help Today

There are exceptions to the search and seizure protections offered by the U.S. Constitution. If you are facing DUI charges, please contact a skilled Rolling Meadows DUI lawyer for assistance with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Changes to Illinois Traffic Laws For 2017

February 22nd, 2017 at 7:00 am

Illinois traffic laws, Rolling Meadows Criminal Defense Attorney,Every so often traffic laws are changed, and new laws are enacted by the state legislature to better address problems that are being experienced on the roads across Illinois. The year, 2017, is no exception.

A handful of traffic laws have been changed and Illinois drivers need to be aware of these alterations. A violation of these new laws can lead to a traffic citation, even if you did not know that you were breaking the law. Ignorance of the law is no excuse or defense to making a violation of the law. The laws have been changed to help improve driver safety in Illinois.

Scott’s Law Has Been Expanded

Illinois retains a law known as Scott’s law, which requires drivers to move over to the opposite side of the road when they are passing emergency vehicles and law enforcement vehicles that are on the side of the road. The purpose of law is to give law enforcement and emergency personnel the space that they need to safely render aid or do their job while on the side of the road.

In 2017, Scott’s law has been expanded. Now, in addition to moving over for emergency vehicles and law enforcement on the side of the road, Illinois drivers are also required to slow down and move over to the opposite side of the road when there is a vehicle parked on the side of the road with its hazard lights flashing.

Have You Been Caught a Second Time Driving Without Insurance? Now Your Car Will Be Towed

Driving without valid and up-to-date automobile insurance is a problem in Illinois. Another change to Illinois traffic laws in 2017 authorizes law enforcement to tow the vehicle of anyone who is stopped on the side of the road and is found to be driving without automobile insurance after already having a conviction on the books for driving without insurance. This new law only applies to drivers who are caught driving without insurance for the second time in a 12-month period after their earlier conviction.

While 2017 is not a significant year for changes in traffic law, the few changes that have been made will be strictly enforced by the police in Illinois. Therefore, it is important for drivers to be aware of these new changes. If you are issued a traffic citation for a violation of these laws or any other traffic law violation, you need to get in touch with an experienced traffic citation lawyer as soon as possible. Traffic citations need to be dealt with, and you can fight the charges that are being pressed against you by challenging them in traffic court.

Let Us Help You Today

When it comes to handling your traffic violation, you need a strong defense and a tenacious lawyer to fight the charges against you. Please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney for help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-907

Types of Criminal Trespass and Attempted Criminal Trespass in Illinois

January 16th, 2017 at 7:00 am

criminal trespass, Rolling Meadows Criminal Defense AttorneyTrespassing is a serious offense, and many people in Illinois are charged with criminal trespass every year. If you are facing criminal trespassing charges, you should not delay in speaking with an experienced criminal defense attorney. A skilled lawyer can help you assess your legal options and can assist you with building a defense strategy.

Criminal trespassing under Illinois law occurs when a person unlawfully and without authority knowingly enters the property of another or remains on the property of another without permission. Criminal trespass exists in several forms including:

  • Criminal trespass to a residence. Under 720 ILCS 5/19-4, the crime occurs whenever you knowingly and without permission enter the residence of another. Alternatively, it can be criminal trespass to a residence if you enter someone’s residence with permission, but then stay longer than you were authorized to stay. Criminal trespass to a residence might occur if you may have been invited to someone’s home for a party, but then you did not leave when you were asked to leave and you stayed in the home after your permission to be there had expired or been revoked.
  • Criminal trespass to a vehicle. Under 720 ILCS 5/21-2, the crime of criminal trespass to a vehicle occurs when you access a vehicle belonging to someone else. The vehicle could be an automobile, a snowmobile, or a watercraft. It is also criminal trespass to a vehicle to operate someone else’s vehicle without permission. Carjacking or car theft is sometimes reduced to criminal trespass to a vehicle.
  • Criminal trespass to real property. Under 720 ILCS 5/21-3, the crime of criminal trespass to real property happens when you enter property belonging to someone else without permission. It is also criminal trespass to property if you were permitted to be on the property, but are then asked to leave but you do not. This offense is common in situations where bar or restaurant patrons are asked to leave a bar or restaurant for being disruptive or fighting, but they do not leave the premises. It is also common for people to be charged with criminal trespass to real property when there are posted signs prohibiting entry onto someone’s property but the signs are ignored.

When the prosecution is unable to establish every element required to convict you of criminal trespass, of either a residence, vehicle, or real property, it might be possible to reduce the charges against you to attempted criminal trespass. This means that there was evidence to suggest you were trying to commit a criminal trespass but did not successfully complete the trespass.

Criminal Trespassing Charges Need A Defense Lawyer

Criminal trespassing charges can truly affect your future in a negative manner. You need the help of an experienced professional who will be able to help you through the legal system. Do not hesitate and reach out to an experienced Rolling Meadows criminal defense attorney as soon as possible.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-4

Criminal Trespass Charges: When You Are Asked to Leave But You Do Not

November 16th, 2016 at 10:33 am

criminal trespass, Rolling Meadows Criminal Defense AttorneyAll too often individuals are faced with criminal trespass to real property charges, under 720 ILCS 5/21-3, when they were asked to leave a place but do not do so. This scenario plays out a handful of different ways:  

  • A patron might be asked to leave a bar, club, or restaurant after becoming too intoxicated and rowdy, or getting into a fight with another patron or employee of the establishment;
  • An individual might be causing a dramatic and disruptive scene in a business establishment in view of other patrons;
  • An individual might have conducted him or herself inappropriately, but not necessarily in violation of the law, in a business establishment, and is then asked to leave;
  • An individual might ignore posted signs saying “do not enter” or “authorized personnel only beyond this point”; or
  • An individual might knowingly go into a restricted area after being warned not to go into that area.

Knowingly staying on property when you do not have the authority to do so, or if your presence on the property has been forbidden, can land you in hot water with law enforcement. You will likely be charged with criminal trespass to real property. Similarly, knowingly entering an area of real property where you do not belong can also get you charged with criminal trespass.

Criminal Trespass is a Misdemeanor Offense

Criminal trespass to real property is a misdemeanor offense, but that does not mean that you should take criminal trespass charges lightly. Punishment for a criminal trespass conviction can range anywhere from six months to a year of jail time. However, in some situations a criminal defendant can get court supervised probation instead of jail time. Additionally, you can also face a fine of a few thousand dollars and civil liability for your offense. These punishments can wreck havoc on your life, and that is why you need a criminal defense lawyer by your side helping you fight your charges.

If you are arrested for criminal trespass to real property, you should refrain from telling the police anything by exercising your right to remain silent. As soon as it is possible for you to do so, you need to get in touch with an experienced criminal defense attorney to discuss your situation. A knowledgeable and skilled criminal defense lawyer will be able to help you fight the charges you are facing and will hopefully get the charges against you either dismissed or reduced.

Call The Law Offices of Christopher M. Cosley

Anyone who is facing criminal trespass charges should be concerned about his or her defense. These charges are serious and pose potential consequences that can severely impact your life. A conviction for these charges can jeopardize your freedom, which is why it is so important that you get into touch with an experienced Rolling Meadows criminal defense attorney as quickly as you can after being charged.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K21-3

Drugs, Alcohol and Driving: Serious Criminal Consequences

August 19th, 2016 at 7:00 am

Drugs, Alcohol and Driving: Serious Criminal ConsequencesDriving under the influence is a serious offense in Illinois, and law enforcement does not take it lightly. Illinois law provides for three different types of DUI offenses: driving under the influence of alcohol, driving under the influence of drugs, or driving under the influence of drugs and alcohol, according to 625 ILCS 5/11-501.

Driving Under the Influence of Drugs

When it comes to driving under the influence of drugs, there are two levels of this offense: driving under the influence and driving with drugs in your system. Driving under the influence of drugs involves the arresting officer’s judgment call concerning whether you were operating a vehicle while under the influence of drugs. Only officers who have received training concerning how people behave when they are on drugs are really qualified to make this judgment call. Inexperienced law enforcement officers may lack the skill and training to appropriately and correctly identify suspected drugged drivers. In order to be convicted, there must be proof of the charge that you were under the influence of drugs at the time of the arrest. The smell of drugs (e.g., the smell of marijuana) or the driver’s admission of having taken drugs at some other time in the past is not enough. However, if drug paraphernalia is found in the vehicle, or the driver is unable to perform field sobriety tests, this evidence is more concrete.

Driving with drugs in your system involves being tested to prove that you had some concentration of drug in your body at the time of arrest or shortly thereafter. These tests could include breath, blood, or urine testing. These tests must be completed by individuals who are trained and qualified to perform these tests. For instance, breathalyzer testing can be conducted by a law enforcement officer who is trained to perform such testing. However, blood and urine testing must be done by a qualified medical professional, and must be done within a certain amount of time after you are taken into custody by law enforcement. There are also specific procedural requirements for how these types of tests are conducted, which are provided for under the law. The testing procedure must be performed in accordance with the law, or else any resulting evidence may be inadmissible against you.

Driving Under the Influence of Drugs And Alcohol

Drugs and alcohol can be a dangerous mixture, with highly intoxicating effects. Police have the right to request a blood or urine sample for testing to determine whether or not the driver was intoxicated at the time of arrest.

Charged With A DUI? Call The Law Offices of Christopher M. Cosley

Facing a DUI for driving under the influence of drugs, alcohol, or both is serious business. If you have been charged with a DUI, please do not hesitate to contact a passionate Rolling Meadows criminal defense attorney immediately for help with your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

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