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Archive for the ‘reckless driving charges’ tag

How is Reckless Driving Proven in Illinois?

December 28th, 2017 at 5:38 pm

reckless driving charges, reckless driving citations, Rolling Meadows reckless driving lawyer, traffic offenses, traffic violationsReckless driving, as defined under section 625 ILCS 5/11-503 of the Illinois Code, is committed in Illinois when a driver (a) drives with a willful or wanton disregard for the safety of people or property, or (b) knowingly uses an incline, bridge approach, railway crossing, or hill to make their vehicle go airborne. Furthermore, any person who drives recklessly and as a result causes permanent disability/disfigurement or great bodily harm to another can be convicted of aggravated reckless driving. But how can it be proven that someone drove recklessly? Reckless driving cases differ from case to case; however, consider the following various approaches that are commonly used to prove acts of reckless driving in Illinois.

Approaches Commonly Used to Prove Reckless Driving

If you choose to fight a reckless driving ticket in Illinois the opposition will be forced to present evidence in court establishing that you either drove with a willful or wanton disregard for safety or that you intentionally made your vehicle go airborne. This can be proven in a variety of different ways, but before discussing these various approaches let us take a quick look at what constitutes “willful or wanton” conduct.

Willful and wanton conduct is one of those legal phrases that can be a bit hard to pin a precise definition to, but in the context of reckless driving cases it is best to think of it as conduct that is engaged in with a conscious disregard for, or a with a reckless indifference to, the potential consequences of such an action.

Proving that a driver acted with willful or wanton disregard for safety is often accomplished in reckless driving cases via one or more of the following types evidence:

  • Eyewitness Evidence: Generally the police officer who issued the reckless driving citation at issue will testify to the manner in which he or she personally witnessed the accused driving. Other eyewitnesses, perhaps someone who got into an accident with the accused, may also be called forward to testify about what they saw.
  • Video Evidence: Nowadays, many police cruisers are equipped with dashboard cams and if such a camera captured the manner in which you were driving prior to being pulled over then this video may be presented as evidence against you. Additionally, footage captured on a cell phone by a witness may also be available as people frequently film the unusual behavior of others on their smartphones these days.
  • Radar Evidence: Many reckless driving citations issued in Illinois are based solely on a driver’s speed. When this is the case the issuing police officer will have likely captured evidence of your speed on their radar gun and will present such evidence, along with proof that his or her radar gun was properly calibrated, in court.

Charged with Reckless Driving in Illinois?

If you have been charged with reckless driving in Illinois, experienced Rolling Meadows reckless driving lawyer Christopher Cosley is here to help. Mr. Cosley has extensive experience providing legal assistance to clients who have been charged with a wide array of different traffic violations and would be happy to assist you. While each case is different, Mr. Cosley is often able to help clients keep traffic offenses off the public record, avoid increased insurance rates, prevent having their driver’s license suspended, and reduce or eliminate the other various consequences commonly associated with traffic violations. To find out what The Law Offices of Christopher M. Cosley can do for you schedule an initial consultation at our Rolling Meadows office today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-503

Getting a Ticket for Leaving the Scene of an Accident in Illinois

February 15th, 2017 at 9:01 am

leaving the scene of an accident, Rolling Meadows Criminal Defense AttorneyAll too many people find themselves ticketed for leaving the scene of an accident in Illinois, and these drivers fail to understand that leaving the scene of an accident is not just a traffic violation—it is a criminal offense. As such, it is important to consult with an experienced criminal defense attorney if you have been ticketed for leaving the scene of an accident in Illinois. A skilled lawyer will be able to identify any potential defenses you have and will work hard to fight the charges that are pending against you.

There are several reasons why someone might leave the scene of an accident. For instance, you might panic because you do not know what to do. Or, you might leave because you think that there is nothing for you to do about the situation, such as when you accidentally hit a parked car and have no way to leave contact information and have no way to reach the driver of the vehicle you hit.

Sometimes drivers flee the scene of an accident because they are worried about facing other criminal charges in addition to the accident if police show up at the scene, such as driving under the influence of drugs or alcohol or reckless driving charges.

What Are Your Obligations if You Are Involved in a Motor Vehicle Accident?

Under 625 ILCS 5/11-402, leaving the scene of an accident in Illinois is illegal. If you are involved in a motor vehicle accident, you are supposed to stop immediately and remain at the scene until you can provide contact information (including providing your name address vehicle registration number and the name of the owner of the vehicle if it does not belong to you) to the affected parties, and/or until you render the appropriate aid for the given situation. In some situations, this could mean having to remain at the scene until law enforcement and/or emergency personnel arrive at the scene. You are also required to report the motor vehicle accident to the appropriate authorities under 625 ILCS 5/11-403 and you have 10 days to report the accident to the Illinois Secretary of State.

What Are the Consequences of Leaving the Scene of an Accident?

A conviction for leaving the scene of an accident is a misdemeanor, which can leave you with a criminal record, jail time, a fine, and a lengthy probation period. Additionally, a conviction for leaving the scene of an accident can result in long-term consequences as well. For instance, your driving privileges could be suspended or revoked and having a leaving the scene of an accident conviction on your record could prevent you from getting certain types of jobs in the future, especially if those jobs involve driving.

Consult With a Criminal Defense Lawyer Now

You should consult with an experienced criminal defense attorney if you have been charged with leaving the scene of an accident in Illinois. The potential consequences of a conviction are numerous, and you need to do everything that you can to help protect yourself and your rights.  Working with a passionate Rolling Meadows criminal defense attorney who has years of experience handling these types of cases would be to your benefit.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-402

Illinois One-Act One-Crime Doctrine

February 16th, 2016 at 7:00 am

one-act one-crime doctrine, robbery, Rolling Meadows Criminal Defense AttorneyWhen formally charged, a criminal defendant may be surprised to learn just how many different charges are filed against him or her for a single alleged crime. Someone who is arrested for driving under the influence might face DUI charges and reckless driving charges. Someone who gets into a physical altercation with law enforcement might be charged with aggravated battery of a peace officer and obstructing a peace officer.

Illinois employs what is referred to as the one-act, one-crime doctrine. Under this doctrine, for any one physical act or crime committed by a criminal defendant, he or she can only be convicted of one crime. However, that does not mean that the criminal defendant will not face a number of charges. Criminal defense lawyers work to either get charges dropped completely, or reduced to lesser crimes, which carry less severe consequences.

You May Face a Number of Criminal Charges

Many have heard the expression of ‘throwing everything at the wall and seeing what sticks.’ Prosecutors often take this approach when pressing charges against criminal defendants. This is because under Illinois law, a defendant can only be convicted of an offense with which he or she has been charged. As such, prosecutors will charge a criminal defendant with as many crimes as fit the particular circumstances surrounding the alleged offense. For instance, it is not uncommon for criminal defendants who are arrested for driving under the influence to be charged with both DUI charges, under 625 ILCS 5/11-501, and reckless driving, under 625 ILCS 5/11-503. The DUI charges are the more serious offense, while reckless driving is a lesser offense.

Prosecutors often also charge criminal defendants with lesser included offenses. Lesser included offenses refers to situations where each of the elements required for establishing liability for a minor, or lesser, crime are necessarily required to establish liability for a more serious crime. Armed robbery, under 720 ILCS 18-2, is an example of a serious crime, and robbery, under 720 ILCS 18-1, is a lesser included charge commonly charged in conjunction with armed robbery. Armed robbery is the greater crime, while robbery is the lesser crime in this example.

In order to establish liability for armed robbery, the prosecution would necessarily have to establish liability for robbery. While not all the elements might exist to convict a criminal defendant of armed robbery, the elements for robbery may exist, and the criminal defendant can be convicted on the charge of robbery.

You Will Only Be Convicted of One Charge

Despite being charged with multiple crimes, a criminal defendant will only be convicted of one crime per physical act or crime. For example, while you can be charged with both robbery and armed robbery, you cannot be convicted of both armed robbery and robbery. Instead, you will only be convicted of one crime or the other, if you are convicted at all.

We Can Provide You with Exceptional Representation

Being charged with a crime is scary and daunting. Please do not hesitate to contact a skilled and compassionate Rolling Meadows criminal defense attorney at our office immediately if you are facing criminal charges. We will fight to get your charges dismissed or reduced if possible. Call us today at 847-394-3200.

Source:

https://casetext.com/case/people-v-kolton-1

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