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What Sobriety Tests can Drivers Refuse When Pulled Over for a DUI?

March 12th, 2020 at 9:38 am

IL DUI attorney, IL defense lawyerProsecutors in Kane County will be stepping up their DUI patrols during the weekend just before St. Patrick’s Day. While this is the 25th year in a row that Kane County has conducted these patrols known as “No Refusal” patrols, there is an important change this year.

When a driver is pulled over for a suspected DUI and refuses to submit to a chemical test, such as the breathalyzer, they will automatically lose their driver’s license for one year. Law enforcement will then contact an on-call judge that can issue an immediate warrant for the test. If the suspected driver still refuses, the test can be taken forcefully, and the driver can even face charges of obstruction of justice. The news of the patrols, and the change, has many drivers asking when they can refuse a test, and what type of test they can refuse if pulled over for a DUI.

Refusing Chemical Tests

Chemical tests used to prove that a driver is operating a motor vehicle with a blood alcohol concentration of 0.08 or greater can include breath tests, blood tests, and urine tests. Any time a driver is pulled over for a suspected DUI and refuses to submit to these tests, they will likely lose their license for one year. This is true in all counties, and at any time of the year.

This penalty drivers face is due to Illinois’ implied consent laws. Implied consent means that any time a driver gets behind the wheel, they have already consented to a chemical test if law enforcement asks them to submit to one.

Even with the implied consent law and the penalty that results from refusing a test, it is usually advised that drivers refuse these tests. The results from these tests can provide the prosecution with the proof they need to secure a conviction and so, in most but not all cases it is advised that drivers refuse these tests. For example, due to the additional charge drivers may face in March in Kane County, when a subpoena has been obtained, drivers should submit to these tests.

Field Sobriety Tests

Another type of test law enforcement may ask drivers to submit to include field sobriety tests. These tests include the Walk-and-Turn test, the One-Leg Stand test, and more. These tests are highly subjective, rely largely on the officer’s own opinion, and are highly unreliable. Drivers can refuse these tests without fear of losing their driver’s license, but they will still likely be arrested for a DUI. Like chemical tests, it is advised that all drivers always refuse field sobriety tests so they do not provide the prosecution with evidence.

Our Illinois DUI Lawyer can Help with Your DUI Charges

If you are facing DUI charges, you need the help of our skilled Rolling Meadows DUI lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley has helped many clients beat their DUI charges and he will put that experience to work for you. After reviewing your case he will create a solid defense to give you the best chance of a successful outcome. If you or a loved one has been arrested for a DUI, call us today at 847-394-3200 to schedule your free consultation and to learn more about how he can help.

 

Source:

https://www.dailyherald.com/news/20200217/kane-county-authorities-plan-no-refusal-dui-patrol-around-st-patricks-day-with-one-change

 

Five Mistakes to Avoid When Pulled Over for a DUI

March 5th, 2020 at 8:25 am

DUIBeing pulled over is a scary thing, even when a person has not been drinking. When an officer approaches the window and suspects you are intoxicated, it becomes even more frightening. Even though you are nervous, it is important to remember that you have rights and that you know what to do, and what not to do. Below are the five biggest mistakes many drivers make when they are pulled over for a suspected DUI, and how doing them can negatively affect your case.

Admit You Have Been Drinking

If you have only had one or two drinks, you may feel confident in telling the police officer that when they ask. However, this is a big mistake, and you should never admit that you have been drinking. The officer and prosecution will hold this against you later in your case. It is equally important that you do not lie to the officer. Ask if you are being charged with anything and if they ask again if you have been drinking, tell them you would rather not say.

Submit to a Field Sobriety Test

Field sobriety tests are notoriously incorrect and rely largely on proper execution and the officer’s judgment, which is typically not impartial. The results of these tests will also be used against you, and there is no legal consequence for refusing to submit to them. However, under Illinois’ implied consent laws, you must comply with a chemical test or you face losing your license. So, make sure that you make it clear that you are only refusing the field sobriety tests.

Cooperate with the Officer

You must provide your name, driver’s license, insurance information, and registration to the police officer if they ask you for them. With the exception of field sobriety tests, it is in your best interest to cooperate with the officer, even if they arrest you. Resisting arrest is a serious offense in Illinois and this charge could be added to your case if the officer believes you are not cooperating. Additionally, a judge and jury will likely look poorly on any attempt to resist arrest. Instead, cooperate and call an attorney as soon as possible.

Permitting a Request for a Vehicle Search

You may or may not have to provide consent before the police can search your vehicle. If the officer does not have probable cause to believe that they will find incriminating evidence, they cannot search your vehicle without your consent. If they do have probable cause, however, they can search your vehicle without your consent.

Due to this rule of law, you should never provide consent if an officer asks to search your vehicle. If they have legal grounds to do so, they will conduct the search anyway. If they do not, any search they conduct can be challenged in court. It is important that if officers attempt to search your vehicle, you cooperate with them. Otherwise, this could also be held against you.

Failing to Speak to an Illinois Criminal Defense Lawyer

Facing DUI charges is very serious and you should not face them on your own. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer can help. Attorney Cosley knows how to challenge DUI charges, illegal searches, field sobriety test results, and even breathalyzer results. He will use this experience to give you the best chance of getting your charges reduced, or dropped altogether. Call us today at 847-394-3200 or contact us online to schedule your free consultation.

 

Source:

 

Can the Store Demand Money After You Are Caught Shoplifting?

February 26th, 2020 at 3:55 pm

IL shoplifting attorney, IL defense lawyerShoplifting, officially known as retail theft in Illinois, is a very common crime. When it occurs, the person is often caught by store clerks while they are still on the property. In these cases, the store has a few options. They can simply ask for their merchandise back and allow the person to leave. Most of the time when this happens, the person is also banned from returning to the store. The store could also detain the person for a period of time before allowing them to leave. Or, in the worst-case scenario, they could call the police and press charges.

Many times, the store will let you go if you are caught shoplifting merchandise with a very small value. However, they may still send you a demand letter requesting that you pay them a fine. The question is, should you?

Is a Civil Demand Letter Binding?

A civil demand letter is not binding. That means you are under no legal obligation to meet the demands of the letter. However, it is important to understand that if the store has hired an attorney and taken this first step, they are likely going to pursue further action if you do not comply with the demand.

The best way to determine if you should pay the amount the demand letter is asking for is to speak with a criminal defense attorney. A lawyer can advise on whether the demand is reasonable, the future steps the store may take if you refuse to pay it and represent you in case the store does take further action.

When Do You Have to Pay?

There are times you may have to pay the store restitution. If the store files a lawsuit against you in civil court, they will ask for compensation for their damages. This is not usually a step taken by commercial businesses, particularly if you did not leave the store with any of their merchandise. However, the store may decide to press criminal charges.

After being caught shoplifting, you are not entirely free and clear, even if the store has allowed you to leave. Once they send their civil demand letter, they may still decide to press charges if you refuse to pay restitution. If they do this, you could face misdemeanor or felony charges. If you are convicted and a judge or jury finds you guilty, the judge will then likely order you to pay restitution to the store owner. You may also face additional fines that are paid to the state, and will also incur court costs you are required to pay.

You Still Need an Illinois Criminal Defense Lawyer

If you have been caught shoplifting and the store allowed you to leave, you should still speak with a skilled Rolling Meadows criminal defense lawyer. An attorney can advise on civil demand letters and, if you decide to pay it, a lawyer will protect your rights and ensure the store does not take further action. If you have been accused of shoplifting, contact the Law Offices of Christopher M. Cosley. Attorney Cosley has the necessary experience to advise on the next steps if a store has caught you shoplifting, and will give you the best chance of beating any charges you face. Call us today at 847-394-3200 or contact us online to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+16,+Subdiv.+10&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40100000

 

Common Questions About the Juvenile Justice System in Illinois

February 19th, 2020 at 3:47 pm

IL juvenile justice system, IL defense lawyer, IL juvenile attorney, When children get into trouble with the law and face common charges such as retail theft, parents often do not know what will happen next, or what rights their child has. They have a lot of questions and, if your child has recently been charged with a crime, it is likely that you have asked them, as well. Below are some of the most commonly asked questions about the juvenile justice system in Illinois, and the answers to them.

What is the Age of a Juvenile?

In Illinois, anyone that is 17 years old or younger is considered a juvenile if they have been charged with a misdemeanor offense. This law was changed in January of 2010 to increase the age from 16 to 17. The age limit for juveniles is a topic the Illinois legislature continues to debate.

How Long Can My Child be Detained After an Arrest?

The length of time a child is held in custody after being arrested for a crime can seem interminable to parents. If your child is under the age of 12, law enforcement can detain them for no longer than six hours. Children between the age of 12 and 17 can be kept up to 12 hours if they have been accused of committing a non-violent crime, and up to 24 hours if they have been charged with a violent crime.

Can Police Question My Child if I am Not Present?

There is a widely held misconception in Illinois that law enforcement are prohibited from questioning a juvenile without one of the child’s parents being present. This is not true. After a child’s arrest, law enforcement must make reasonable attempts to contact at least one of the child’s parents. If they do not reach you, they can contact another responsible adult to be present.

Although police must make this attempt, they are not required to wait until your arrival to begin questioning your child. They also do not require your permission to question your child. However, a youth officer must be present.

Will My Child be Tried in Adult Court?

Of all the questions asked about the juvenile system in Illinois, this is perhaps the one parents ask the most. Being tried in adult court is, of course, the worst-case scenario since a conviction will have harsher sentences and can result in a minor spending time in prison with adults.

Whether or not a juvenile is tried in adult court largely depends on the nature of the alleged crime. When a minor is accused of a misdemeanor crime and is 17 years old or younger, they will most likely be tried in juvenile court. Minors accused of committing a felony offense will usually remain in the juvenile system only if they are 16 years old or younger.

Is Your Child Facing Charges? Call Our Illinois Juvenile Defense Lawyer

Learning that your child has been charged with a crime is an incredibly upsetting experience. You are feeling anger, frustration, and sadness, and likely also have many questions about what will happen next. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows juvenile defense lawyer can answer them all. Attorney Cosley has extensive experience with the juvenile justice system in Illinois. He understands how to navigate it to give you and your child the best chance of a positive outcome. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://ijjc.illinois.gov/publications/raising-age-fact-sheet

State Prosecutor Warns Drivers that DUI Charges Apply to Marijuana

February 12th, 2020 at 6:46 am

DUI charges, Mariujana, IL defense attorney, The new year saw many changes to Illinois law, and the one garnering the most attention is the fact that both medicinal and recreational marijuana are now legal in the state. Although Madison County State’s Attorney Tom Gibbons says that he is in support of the new law, as it may eliminate the black market, he also has a warning for drivers. That is the fact that law enforcement across the state has been training on how to spot drivers under the influence of marijuana. He wants to remind drivers that while marijuana is now legal, it is still against the law to drive under the influence of the drug.

What is Drugged Driving?

The Illinois statute for driving under the influence includes both alcohol and drugs that can impair a driver’s ability to drive safely. Even prescription drugs can mean a driver will face charges if it is found that those drugs impair the motorist. This includes prescriptions for medical marijuana.

Although drugged driving is illegal in the state, law enforcement and prosecutors may have a difficult time securing a conviction, at least in these early days of legalization. Certain testing devices, such as breathalyzers, cannot detect THC the same way they can detect alcohol. While other testing devices are being developed around the country, there is currently no roadside test to determine if a driver is impaired by marijuana. As such, law enforcement will rely mainly on their own observations, which are entirely subjective.

Defenses to Drugged Driving

Even without roadside tests, urine and blood tests can detect THC, the psychoactive component of marijuana, in a person’s system. Law enforcement may rely on these tests to establish a driver was impaired at the time of their arrest, but there are issues with these tests, as well.

The main one of these is that THC can remain in a person’s system for up to 30 days. That means that a person may have consumed marijuana weeks ago, but was not under the influence of the drug at the time of the arrest. That can provide a very effective defense to drugged driving.

As with all DUI cases in the state, an improper stop may also provide a valid defense. Law enforcement must have a legitimate reason to pull a driver over. They must have noticed signs that caused them to suspect a DUI, such as a driver that swerved in and out of their lane. When there was no probable cause to stop a motorist, any information or evidence obtained after the stop is inadmissible in court.

Lastly, the fact that testing for drugged driving is so subjective can also be used as a defense. An officer may claim for example, that a driver displayed a lack of coordination during roadside tests, which led to an arrest for drugged driving. However, an injury or illness may also cause coordination issues that do not affect a person’s ability to drive. This can also be used as a defense.

Charged with a DUI? Call Our Illinois Criminal Defense Lawyer

With the legalization of marijuana in Illinois, and overzealous law enforcement officers wishing to make arrests, charges of drugged driving are likely to increase in the state. Many of the individuals charged will be innocent of a DUI and need the help of an experienced Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, we can prepare a solid defense for you to help you beat the charges and retain your freedom. Call us today at 847-394-3200 to schedule your free consultation so we can further discuss your case.

 

Source:

https://fox2now.com/2020/01/02/illinois-prosecutor-warns-against-smoking-and-driving/

How to Argue the Evidence in a Domestic Violence Case

February 5th, 2020 at 3:42 pm

IL defense attorney, IL domestic violence lawyerDomestic violence cases pose many problems for both the prosecution and defense. One of the biggest challenges that arise in these cases pertains to evidence. Domestic violence typically takes place behind closed doors in a private home. As such, they are very difficult to prove for the prosecution, and there is always a challenge for the defense when attempting to prove that something never took place. Below are a few types of evidence that the prosecution may use in a domestic violence case, and how a criminal defense attorney may argue against them.

Physical Evidence

In domestic violence cases, the prosecution will rely heavily on physical evidence. This is because juries are more likely to believe facts rather than evidence that may be clouded by a person’s own biases or opinions. For this reason, the prosecution may use photographs of the alleged victim’s injuries, or of property that was used during the alleged act.

Although this type of evidence seems very damaging at first, an experienced criminal defense lawyer will know how to argue against it. For example, injuries depicted in photographs may have been sustained in an accident and not during a crime. Property may have been damaged as a result of being dropped on the ground, and not because it was used to hit another person.

Witness Testimony from Bystanders

Testimony provided by bystanders in domestic violence cases often relies on what a person heard rather than what they saw. Domestic violence rarely occurs out in the open when people can actually see what is happening. However, a neighbor may overhear an argument that they assume is part of domestic violence. When testimony relies on what a person heard, a defense attorney can argue that the event was simply an argument and that no physical violence actually took place.

Witness Testimony from the Alleged Victim

In many cases, the alleged victim may take the stand to testify against the alleged perpetrator. This evidence can seem very damaging at first, as they will likely tell a jury their version of events, and hope to gain sympathy. A criminal defense attorney will know how to refute this testimony as well. They may submit evidence such as text messages or emails that falsely accused the defendant in the past, or other evidence that can prove these claims are false.

Testimony from Police Officer

The police officer that visited the scene at the time of the alleged crime will play a central role in any domestic violence case. The prosecution will likely call the officer to testify about their observations once they arrived on the scene. This testimony is not always as damaging as the prosecution hopes.

For example, if the alleged victim does not testify, but the officer testifies about statements the victim made, those statements could be considered hearsay. Hearsay refers to the act of one person testifying about statements another person heard. Because this is not direct, or first-hand evidence, hearsay is generally considered inadmissible in court, which means the judge will instruct the jury to disregard that evidence.

Facing Charges? Call Our Illinois Criminal Defense Attorney

It is never easy to face criminal charges, but those involving domestic violence are some of the worst. They can ruin a person’s reputation and worse for those convicted, they come with harsh penalties such as high fines and jail times. It is for this reason that if you have been accused of domestic violence, you must speak to a skilled Rolling Meadows criminal defense attorney. At the Law Offices of Christopher M. Cosley, our attorney has the necessary experience to defend against these charges and give you the best chance of beating the charges. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2100

How Does the Illinois DMV Point System Work?

January 30th, 2020 at 2:19 pm

IL defense attorney, IL DMV point system lawyerMany people have heard of the Illinois DMV point system, but they are not entirely sure of how it works. It is important all drivers are aware of the system, and the penalties they may face for committing certain traffic offenses. While many motorists only consider the fine they may have to pay for a traffic violation, the point system can also levy some other serious consequences.

The Illinois DMV Point System

Any time a driver is convicted of a traffic violation, such as speeding, the Illinois Secretary of State will add points to that person’s license. Typically, serious violations incur a greater number of points than minor traffic offenses. Once a driver has incurred a certain number of points, their driver’s license can then be suspended or revoked. Sometimes an offense, such as a DUI, are so serious that a person may have their license suspended or revoked for that one violation alone.

Number of Points Imposed for Traffic Violations

So, how many points can a driver incur for certain violations? The most common traffic violations, and the number of points associated with them, are as follows:

  • Speeding: 5 to 50 points
  • Under the minimum speed limit: 5 points
  • Screeching tires: 10 points
  • Speeding on a bridge or on an elevated roadway: 10 points
  • Failure to follow traffic signs: 20 points
  • Failure to remain in proper lane: 20 points
  • Speeding in a school zone: 20 points
  • Under the minimum speed limit on a state tollway: 20 points
  • Driving in the ‘fast lane’ when moving slower than traffic: 20 points
  • Having an open container of alcohol in the vehicle: 25 points
  • Fleeing the scene of an accident that caused property damage: 25 points
  • Fleeing the scene of an accident that caused injury or death: 50 points
  • Reckless driving: 55 points

It is important to understand that many of these violations, such as leaving the scene of an accident, have many more penalties than just incurring points. Many of these are criminal activities that could cause someone to serve several years in jail if they are convicted.

License Suspensions for Points Imposed

The length of a driver’s suspension will depend on how many points a driver has incurred. According to the Illinois Administrative Code, the length of suspensions for points imposed are:

  • Zero to 14 points: No suspension
  • 15 to 44 points: Two months
  • 45 to 74 points: Three months
  • 75 to 89 points: Six months
  • 90 to 99 points: Nine months
  • 100 to 109 points: Twelve months
  • Over 110 points: License revocation

The length of the suspension period is extended when a person has had their license suspended within the last seven years. Typically in these cases, the suspension period is doubled.

An Illinois Criminal Defense Lawyer can Help You Avoid Points

If you have been charged with a traffic offense, there is much more on the line than just a fine. You may incur points, which can eventually lead to a license suspension or revocation. At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer can help you beat the charges so you can retain your freedom, and keep your license. Call us today at 847-394-3200 to schedule your free consultation.

 

Sources:

http://www.ilga.gov/commission/jcar/admincode/092/09201040sections.html

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

Do You Know the Different Types of DUIs in Rolling Meadows?

January 23rd, 2020 at 2:16 pm

IL DUI lawyer, Illinois drunk driving attorneyWhen most people think about DUI charges, they typically think of a person driving with a blood alcohol concentration (BAC) greater than the legal limit. In Illinois, as in most states, this limit is 0.08 percent. However, this is just one type of DUI charge in the state. In Illinois, there are six types of DUIs a person may face, and many of them do not even involve having a BAC higher than the legal limit.

DUI with BAC of 0.08 or Higher

This is the most common type of DUI in Illinois. To secure a conviction, the prosecution must prove beyond a reasonable doubt that a person was in physical control of a vehicle and that they had a BAC of 0.08 percent or higher.

The prosecution does not have to prove that the individual was driving dangerously, or that they were showing any signs of impairment. They only must prove the defendant was impaired and in control of the vehicle, which does not necessarily mean driving it. Even if the person was pulled over to the side of the road with the car keys in their pocket, they can still be arrested as they still have control over the vehicle.

Driving Under the Influence of Alcohol When Unsafe to Drive

This type of DUI comes as a surprise to many that know they were below the legal limit, but face DUI charges anyway. With this charge, the prosecution must only show that the individual was under the influence of alcohol and that it was unsafe for them to drive, even if they were below the legal limit. Chemical testing is not even required for this DUI although, without it, the case is much harder for the prosecution to prove.

DUI with Intoxicating Compounds

It is not only alcohol that can result in a DUI charge. Any intoxicating compounds, such as inhaling cleaning agents or gasoline in order to get a person high can also result in a DUI charge.

DUI with Legally Prescribed Medications

It does not matter if a medication such as opioids or sleeping pills was legally prescribed to a person. If it affects their ability to drive and they do so anyway, they can face a DUI charge. This is why it is so important that any time a medication is taken, a person must first fully read the label and all warnings, and ask their doctor or pharmacist whether it is safe to drive while on the medication.

Driving Under the Influence of Cannabis and Other Drugs

Although Illinois has just passed legislation legalizing cannabis, it will remain illegal to drive under the influence of marijuana or any other drug. It is important to know that marijuana, in particular, can remain in the blood for up to 30 days. That means that if a person used it two weeks ago, got in a car accident, and the police took a chemical test, THC, the psychoactive component in cannabis, could show up in the results. This could make things very difficult for the driver, as they could face DUI charges even though they were not impaired.

Driving Under the Influence of Alcohol and Drugs

Lastly, a person may face charges of driving under the influence if they combine alcohol and drugs, which causes them to become impaired. This seems like common sense, but it can happen more easily and innocently than many people think. For example, if a person is taking opioids for chronic pain and has a glass of wine at a dinner party before driving home, they may not think they are impaired. A chemical test, however, will likely reveal otherwise, and they could face DUI charges even though they did not think they were doing anything illegal.

Facing DUI Charges? Call Our Illinois Criminal Defense Attorney

At the Law Offices of Christopher M. Cosley, our skilled Rolling Meadows criminal defense lawyer knows how easy it is for people to be charged with a DUI. Often, these individuals did not even think they were doing anything wrong, and they certainly did not want to put themselves or others in danger. If you are facing DUI charges, we can help you beat them. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

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

Obtaining an Out-of-State Licenses After Being Suspended in Illinois

January 16th, 2020 at 2:13 pm

suspended-licenseLaw enforcement departments in Illinois have noticed a disturbing trend. After being convicted of a DUI, individuals visit another state for the purpose of obtaining out-of-state licenses after being suspended in Illinois. A man in Romeoville just tried this exact ploy. After his license was suspended after being convicted of multiple DUIs, he visited Iowa to get a new one. After he did, he returned to Illinois before being pulled over and charged again with a DUI.

Police in Illinois say that this is not actually all that unusual. It is becoming a recurring trend and one that they obviously want to stop. Drivers that are thinking about trying the scheme should know that it comes with serious penalties.

The Driver’s License Interstate Compact

There is a reason people can simply go to another state to obtain a driver’s license after theirs is suspended in their home state. That reason is because of the Interstate Driver’s License Compact. This contract tells all states to uphold a driver’s license suspension, even if it occurred out of state. The only states that do not take part of the contract are Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin.

Due to this, it is not known how so many people are going to states that neighbor Illinois and getting a license. However, for those that do, there are some real penalties that come with it.

Penalties for Obtaining a False License

If your driver’s license is suspended or revoked in Illinois, you are expected to stay off the roads, within the state and outside of it. If you are caught driving on a revoked or suspended license, even if you obtained a new license in a different state, there are consequences. The first of these is the penalty you will face for any driving infraction you were pulled over for. For example, in the most recent story, the man will face penalties for drunk driving.

However, you will also face penalties for driving with a false license. You may face a charge of a Class A misdemeanor, which has penalties of up to one year in jail and a maximum fine of $2,500. You may also be charged, depending on the alleged crime, with a Class 4 felony. In this instance, you will face anywhere between one to three years in jail and a maximum fine of $25,000.

These consequences are very serious. Typically, the Secretary of State will determine whether or not you will face these charges, as law enforcement has requested in the most recent case.

Charged with Carrying a False License? Call Our Illinois Criminal Defense Lawyer

If you have been charged with a DUI, carrying a false license, or any other crime, you need the help of a skilled Rolling Meadows criminal defense lawyer. At the Law Offices of Christopher M. Cosley, we know how to defend these charges, make sure your rights are upheld and give you the best chance of a positive outcome. Call us today at 847-394-3200 for your free consultation so we can start building you a strong defense, and so we can help with your case.

 

Source:

https://patch.com/illinois/lagrange/dui-suspect-got-false-license-riverside-cops

Can You Get Arrested for Speeding?

January 9th, 2020 at 2:10 pm

IL defense attorney, Illinois traffic violations lawyerMany motorists think that if they are pulled over for speeding, the most severe penalty they will face is a traffic ticket. However, when motorists drive at an excessive rate of speed, they can face criminal charges. These can result in not only a permanent criminal record for those convicted, but also the very real possibility of jail time. Although most instances of speeding will not result in these harsh consequences, if a person is found guilty of aggravated or excessive speeding, they just might.

Aggravated and Excessive Speeding

When a person is arrested for speeding, it is most likely due to the fact that a police officer believes they are guilty of aggravated or excessive speeding. The penalties for speeding will depend on just how fast over the speed limit a motorist was driving.

Operating a vehicle over 26 to 34 miles per hour above the posted speed limit is considered a Class B misdemeanor. For individuals convicted of this crime, the punishment is a maximum of 180 days in county jail, a fine of $1,500, or both.

These penalties increase when individuals are found guilty of driving more than 35 miles per hour above the posted speed limit. This charge is considered a Class A misdemeanor. Individuals convicted could be sentenced to one year minus one day in county jail, a maximum fine of $2,500, or both.

While these penalties are harsh, they are not the only ones drivers will face when they are convicted of excessive speeding. A conviction will remain on a driver’s license for up to seven years. That could mean increased auto insurance rates, and potentially difficulty finding an insurer that will provide that insurance at all.

Excessive Speeding and the Illinois DMV Point System

Jail time, high fines, and high insurance rates are all very serious consequences of excessive speeding. Unfortunately, they are not the only ones. Excessive speeding and aggravated speeding are very serious traffic offenses. As such, every time a motorist is convicted of these violations, they also have points added to their driver’s license through the Illinois DMV point system. The number of points assigned to a license will depend on the speed a driver was traveling at the time.

After any motorist has accumulated a certain number of points on their driver’s license, they are also at risk for having their driver’s license suspended. The length of suspension also varies depending on the number of points on a license. The number of points and the length of the associated suspension are:

  • 15 to 44 points: Two months
  • 45 to 74 points: Three months
  • 75 to 89 points: Six months
  • 90 to 99 points: Nine months
  • 100 points or more: Twelve months

The amount of driving convictions that will result in an automatic suspension of a driver’s license also depends on a person’s age. For those over the age of 21, three convictions in a 12-month period are enough to garner an automatic suspension. Anyone under the age of 21 must only accrue two convictions in a 24-month period to have their license suspended.

Our Illinois Criminal Defense Lawyer can Help You Beat the Charges

Excessive speeding in Illinois comes with steep penalties that can remain with a person for several years. If you have been charged with excessive or aggravated speeding, call our skilled Rolling Meadows criminal defense lawyer at the Law Offices of Christopher M. Cosley. Attorney Cosley knows the defenses to charges of aggravated speeding, and how to use them to give you the best chance of beating the charges. Call us today at 847-394-3200 to schedule your free consultation.

 

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11+Art.+VI&ActID=1815&ChapterID=49&SeqStart=122400000&SeqEnd=123900000

 

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