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Voluntary Manslaughter Charges in Illinois

November 14th, 2018 at 9:10 pm

IL defense lawyerVoluntary manslaughter is the intentional killing of an unborn child or acting in a way that would cause harm or death to an unborn child. It is not to be confused with involuntary manslaughter, which is the unintentional killing of another person, not a fetus. Voluntary manslaughter in Illinois was formerly one and the same as second-degree murder: the intentional killing of another person on-the-spot or in the heat of passion (meaning that the killing was not premeditated). However, the law currently recognizes this type of homicide simply as second-degree murder, not voluntary homicide. Today’s law is such that voluntary manslaughter is only charged when the victim is an unborn child. It is akin to second-degree murder of an unborn child, a very serious crime.

Definition of Voluntary Manslaughter

As per Illinois 720 ILCS 5/9-2.1, voluntary manslaughter is:

  • Causing the death of an unborn child by acting “under a sudden and intense passion resulting from serious provocation” by another person whom the defendant tries to kill, but in so doing the defendant “negligently or accidentally causes the death of the unborn child”; or
  • Intentionally or knowingly causing the death of an unborn child.

Example of Voluntary Manslaughter Vs. Involuntary Manslaughter

A Schaumburg, Illinois man killed a mother of four, who was 12 weeks pregnant when he crushed her between his pickup truck and her vehicle, which was stalled and was being pushed along the side of the road, as reported by the Daily Herald. A dashboard camera showed the man throwing a vodka bottle into the woods after he hit and killed the woman and refused a breath test. As such, he was charged with driving under the influence and causing the death of the woman, an offense that is punishable by up to 14 years (more if there are other aggravating factors such as the crash occurring in a construction zone). The offense he committed was involuntary manslaughter of the mother. He was not additionally charged with voluntary manslaughter for killing the fetus because he was most likely unaware that the woman was pregnant.

In another case, a Peoria, Illinois man was convicted of voluntary manslaughter when he allegedly body slammed his girlfriend during an argument, causing the death of her unborn child. He was also charged with domestic battery, aggravated battery, and aggravated domestic battery. He was charged with voluntary manslaughter because he acted in a manner that would cause a strong probability of harm or death to the fetus.

A Rolling Meadows Criminal Defense Lawyer Can Help

Any type of homicide or crime that causes harm or death to a child or unborn child is extremely serious. If you have been charged with voluntary manslaughter or another crime of violence, contact dedicated Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.pjstar.com/news/20180308/peorian-convicted-of-killing-girlfriends-unborn-child

http://www.ilga.gov/legislation/ilcs/documents/072000050K9-2.1.htm

https://www.dailyherald.com/news/20181010/schaumburg-man-charged-with-dui-in-crash-that-killed-pregnant-mother-of-four

Involuntary Manslaughter in Illinois

November 12th, 2018 at 8:33 am

Illinios defense lawyerInvoluntary manslaughter is a classification of homicide, which is the unlawful killing of another person. While first- and second-degree murder involves the intentional killing of a person, involuntary manslaughter can be thought of as an unintentional type of killing. Make no mistake; involuntary manslaughter is a serious crime, and the penalties you may be sentenced with can be harsh.

Penalties for Involuntary Manslaughter

Under Illinois 720 ILCS 5/9-3, involuntary manslaughter is the unintentional and unjustified killing of an individual when the defendant’s acts, either lawful or unlawful, are likely to cause death or serious bodily injury to another. As such, when a person performs dangerous reckless actions that result in the death of another, that person will be charged with involuntary manslaughter, unless they were operating a vehicle. As a Class 3 felony, involuntary manslaughter is punishable by up to five years in prison. Examples of actions that could lead to involuntary manslaughter include:

  • Fist fights. A Toledo, Illinois man was recently charged with involuntary manslaughter after kicking his neighbor in the head;
  • Letting a toddler play outside on the street unsupervised;
  • Shooting a firearm or storing a firearm in a reckless manner; and
  • Throwing or dropping rocks from a bridge or overpass.

Reckless Homicide or Vehicular Manslaughter

When the driver of a motor vehicle, all-terrain vehicle, watercraft, or snowmobile causes the death of another due to reckless driving or operation of their vehicle, they will be charged with reckless homicide, more commonly referred to as vehicular manslaughter. Reckless homicide is also a Class 3 felony, and may also involve having your license suspended or revoked. If the defendant was driving under the influence of alcohol, even with a blood alcohol content under 0.08, they may still be charged with reckless homicide if they cause the death of another because it is presumed that alcohol played a factor in their impaired driving and decision making.

In fact, if the driver was intoxicated, it is more likely that they will be charged with a Class 2 felony instead of a Class 3 felony. A Class 2 felony carries a penalty of up to seven years in prison, although, for a DUI reckless homicide, defendants often face penalties of up to 14 years, and even up to 28 years behind bars. Drivers who are charged with vehicular manslaughter without any DUI implications can also face increased prison sentences if there were aggravating factors, such as causing the death in a school zone or construction zone.

An Involuntary Manslaughter Defense Attorney Is Here For Your Assistance Today

Whether you have been charged with reckless homicide, involuntary manslaughter, second-degree murder, or first-degree murder, attorney Christopher M. Cosley is here to help. Call a dedicated Rolling Meadows criminal defense attorney at our office today at 847-394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://jg-tc.com/news/local/manslaughter-charged-filed-in-case-of-toledo-man-s-death/article_a1aa90f9-c042-57a7-9340-a5f4019e5256.html

 

Traffic Fatalities on the Rise in Illinois

November 7th, 2018 at 8:29 am

Illinois defense attorneyTraffic fatalities and collisions involving serious bodily injury are on the rise in Illinois and have been for the past few years, according to WTTW Public News. To be sure, 2016 was deadlier than 2015; 2017 was deadlier than 2016; and, it looks like 2018 will be deadlier than 2017, as preliminary data from the Illinois Department of Transportation shows with still over two months to go until the final numbers are in. What does this mean for drivers who have been cited with moving violations and those who have been charged with causing bodily injury or death? Because Illinois, like most states, is seeing a rise in traffic collisions, prosecutors are more likely to bring the heaviest penalties possible on those who have allegedly violated the law. Some of the most serious Illinois traffic violations include the following:

Reckless Homicide—Drivers who cause the death of another while driving in a reckless manner or in a way that is likely to cause bodily injury or death will be charged with reckless homicide. Depending on the circumstances of the collision, defendants charged with reckless homicide can be sentenced to a maximum of 28 years in prison.

Leaving the Scene of a Crash—Under Illinois 625 ILCS 5/11-401, it is a Class 4 felony (punishable by up to three years in prison and a fine of $25,000) to leave the scene of a crash that you are involved in if the other driver was injured or killed. If the driver was killed, the defendant will also likely be charged with reckless homicide.

DUI—Driving under the influence of alcohol or controlled substances is a serious crime. Depending on how many DUIs a driver has on their record, their level of intoxication, aggravating factors, and other characteristics of the incident, a DUI can be charged as a misdemeanor with up to a year in jail, or as a felony with many years in state prison.

Reckless Driving—Reckless driving, such as going 35 miles per hour over the speed limit or getting airborne, is usually charged as a Class A misdemeanor crime, which involves a potential jail sentence, serious fine, and revoked driver’s license. However, if serious bodily injury occurs or a child or crossing guard is injured, the offense is increased to aggravated reckless driving, a Class 4 felony. Careless driving causing serious bodily injury is also a serious traffic offense in Illinois, punishable as a misdemeanor.

Contact a Rolling Meadows Attorney To Keep Out of Jail

Many people charged with moving violations believe that they will be suffer nothing more than a slap on the wrist. If you do not work with an attorney, this could not be farther from the truth. You are likely facing serious fines, points on your driver’s license, and potentially jail or prison time. We urge you to call skilled Rolling Meadows criminal defense attorney Christopher M. Cosley at 847-394-3200 for legal representation today.

 

Sources:

https://news.wttw.com/2017/08/24/traffic-fatalities-illinois-rise-2017

http://apps.dot.illinois.gov/fatalcrash/snapshot.html

Inaccuracies of Surveillance Cameras

November 5th, 2018 at 1:16 pm

cameraA suspect thought to be targeting and shooting random people in Loyola Park near Chicago is believed to live in the area after a surveillance camera spotted him walking down the street masked in black. Police believe that the man who has killed two people in the past two days has a distinctive way of walking and running, as the video surveillance points out. Police say that he walks with his feet pointing outwards, or duck-footed. While video does show the distinctive characteristic, the problem with relying heavily on this type of information is that it could lead to the arrest of the wrong person. Many people walk with their feet pointed outwards, and because the suspect’s face is fully covered, no other characteristics are visible other than his gait. Surveillance footage is typically grainy, the suspect in the footage may be in the background or partially out of the frame, and the angle of the camera may cause distortions or irregularities. On top of this, surveillance footage is often overly relied upon by jurors and is sometimes considered foolproof evidence that the defendant committed the crime.

Surveillance Cameras and Retail Theft Charges

Surveillance cameras are everywhere in stores. From department stores, grocery stores, and restaurants, chances are that every customer is being watched by a camera at any one time. Cameras are often placed even in dressing rooms, with one purpose being to monitor customers’ buying habits so to better advertise to them, in addition to keeping tabs on potential theft. However, camera quality varies widely. Some cameras are hidden and use high definition and software to recognize faces, while others are simply the standard grainy cameras typically spotted mounted on the ceiling. While retail and convenience stores are known to use cameras, virtually all establishments from restaurants and health clubs to bowling allies and bars do too.

Parking Lots, Public Streets, Parks, and Other Places

Chicago is the third most watched city in the world when it comes to surveillance cameras.  Chicago is only behind Beijing and London in terms of the number of surveillance cameras. A Georgetown University law professor who studies surveillance technology suggested that the general mindset of the public regarding surveillance cameras set up throughout cities on virtually every block is that individuals who are not willing to submit to this type of surveillance must be doing something illegal. Unless the defendant has a highly experienced criminal defense attorney, a jury can easily be convinced that a defendant is guilty of a crime:

  • Simply because they were caught on camera in proximity to the crime location; or
  • Because the defendant looks vaguely like the person committing the crime on camera.

Contact  Rolling Meadows Attorney

If you have been arrested for retail theft or for any other crime, contact dedicated Rolling Meadows criminal defense attorneys Christopher M. Cosley today at 847-394-3200. The presence of surveillance camera footage is not a dead end for your case.

 

Sources:

https://abc7chicago.com/video-released-of-masked-suspect-in-rogers-park-shootings/4401888/

https://vintechnology.com/2011/05/04/top-5-cities-with-the-largest-surveillance-camera-networks/

https://www.npr.org/sections/alltechconsidered/2013/06/20/191603369/The-Business-Of-Surveillance-Cameras

The Wrongs to Children Act

October 31st, 2018 at 10:10 am

abuseChild labor laws have come a long way since the beginning of the 20th century, when millions of children throughout the U.S. worked in factories, in plants, and on the street. According to the Bureau of Labor Statistics, one out of eight children was employed in 1870. By 1900, one out of five children was employed. Nowadays, it is rare that a child under 15 years of age is employed, aside from farm work or normal chores.

Why Do We Need Child Labor Laws?

In the past, U.S. children were taken advantage of as “employees.” They were abused physically and emotionally, they were not given fair wages, their working conditions were atrocious, and most importantly of all, they were not allowed to be children. A child with a 10 or 12 hour work day, which was not uncommon in the early 1900s, would, of course, have no time or energy to devote to education, play, rest, or happiness. Child labor is still a large problem in third world countries, with one in four children between the ages of five and 17 working in sub-Saharan Africa, according to UNICEF.

Child Labor Laws in Illinois

The Fair Labor Standards Act of 1938 was the first groundbreaking piece of legislation that took aim at child labor. In the years since, other federal and state laws have been enacted. The Illinois Wrongs to Children Act, statute 720 ILCS 150, was created in 1961 to continue strengthening child labor laws. The Act makes it illegal to take, receive, hire, employ, use, exhibit, or have in custody any child under 14 years old for the purpose of:

  • Begging;
  • Dancing;
  • Peddling;
  • Doing acrobatics, gymnastics; or contortionism;
  • Walking on a rope or wire;
  • Performing an obscene, immoral, or indecent act;
  • Playing on a musical instrument;
  • Singing; or
  • Tightrope walking.

A violation of the Act is a Class A misdemeanor, punishable by up to one year in jail and a fine of $2,500. A second or subsequent violation is a Class 4 felony, punishable by one to three years in prison and a maximum fine of $25,000.

What Is Allowed Under the Act

The purpose of the Wrongs to Children Act was to get children off the street as street performers and to stop people from employing or using them in unsanctioned, unlicensed events where children are more likely to be injured, harmed, abused, or taken advantage of. As such, it is perfectly legal for a child to sing or play an instrument in their school’s band or for a paying orchestra. Performing acrobatics as a gymnast in competition is, likewise, legal. Singing and dancing are allowed for TV, plays, movies, commercials, and other events as well. If you have questions about the legality of an act, you should contact an attorney.

A Rolling Meadows Child Crimes Attorney Can Help

Whether you have been charged with assault or battery of a child, child abuse or child neglect, or charged under the Wrongs to Children Act, you need to call a criminal defense lawyer today. Contact skilled Rolling Meadows criminal defense attorney Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://www.bls.gov/opub/mlr/2017/article/history-of-child-labor-in-the-united-states-part-1.htm

https://data.unicef.org/topic/child-protection/child-labour/

Disorderly Conduct Offenses

October 29th, 2018 at 1:05 pm

Illinois defense attorneyDisorderly conduct, 720 ILCS 5/26-1, may sound like a harmless offense—one that will result in nothing more than a few days of community service at the worst, but in reality, it can be a life-altering moment in a person’s life. Depending on the circumstances, disorderly conduct is a felony. Being found guilty could mean the end of your career, your social status within your community, your child custody or visitation rights, and more: your freedom. Disorderly conduct can result in one to three years in prison and a $25,000 fine.

What Were You Charged For?

The most common scenarios of a defendant being charged with disorderly conduct include the following:

  • Being drunk in public—While it is not a crime in and of itself to walk down the street or sit in a bar while being intoxicated, acting in an overtly drunk, loud, obnoxious, or harassing manner is a crime. All it takes is a few too many drinks and a lapse in judgment to end up behind bars for the night, with a disorderly conduct charge looming in your future.
  • Yelling loudly late at night or early in the morning—Disturbing the peace by yelling or making unnecessary loud noises late at night or early in the morning is a serious crime, believe it or not. While you may have had a perfectly good reason to yell, either out of self-defense or surprise, or your loud yelling was largely exaggerated by the accuser, you still need an attorney to ensure that you are not given a criminal record.
  • Being at a protest—Sadly, all it takes these days to be arrested at a protest is simply being there at the protest. You do not have to be inciting a riot, blocking machinery or traffic, damaging property, yelling, or even refusing to disperse in order to be charged with various crimes at a protest or demonstration. To be sure, 575 people were recently arrested at a Women’s March, as reported by The New York Times. Unnecessary or unlawful arrests at protests happen every day, and disorderly conduct is a common charge. Furthermore, police do not have to have your permission to search you by patting you down and do not have to have very much, if any, evidence to make an arrest. While such an arrest is not legal, it is commonplace.

Other Forms of Disorderly Conduct

  • Entering a dwelling for lewd purposes as a “peeping Tom;”
  • Calling 911 unnecessarily;
  • Public misconduct;
  • Falsely reporting a bomb, crime, or child abuse; and
  • Inciting a riot.

Our Disorderly Conduct Defense Attorneys Can Help

If you have been arrested for disorderly conduct, you need to reach out to a Rolling Meadows criminal defense attorney immediately. Contact the Law Offices of Christopher M. Cosley today at 847-394-3200.

 

 

Source:

https://www.nytimes.com/2018/06/29/us/politics/womens-march-arrests-dc.html

Fleeing or Evading Police

October 26th, 2018 at 12:57 pm

Illinois defense lawyerOne of the most serious traffic crimes is fleeing or evading the police. Bureau of Justice Statistics data reveals that one person dies every day during police chases. The penalties for fleeing law enforcement are founded on the sheer danger that fleeing or evading police has on other road users as well as the fact that if a harsh penalty did not exist, police would have a very difficult time arresting anyone. As such, fleeing the police results in a Class A misdemeanor and license suspension of up to six months for a first-time offense, up to 12 months for a second offense, and a Class 4 felony for third and subsequent offenses. A Class A misdemeanor is punishable by up to one year in jail, while a Class 4 felony is punishable by one to three years in state prison and a maximum fine of $25,000.

Definition of Fleeing or Evading Law Enforcement

According to Illinois statute 625 ILCS 5/11-204, fleeing or evading must have the following elements:

  • A police officer gave a visual or audible signal directing the driver to bring their vehicle to a stop; and
  • The driver of motor vehicle willfully fails or refuses to obey the officer’s direction and:
    • Increases speed;
    • Extinguishes the vehicle’s lights; or
    • Otherwise flees or attempts to elude the officer.

What Does a “Signal” Entail?

A large part of fleeing or eluding is the signal made by the peace officer. If no signal was noticed by the driver, how can they be held accountable for not pulling over? After all, the driver must have “willfully failed or refused” to obey the officer. By definition, a signal:

  • Can be made by hand, voice, siren, or red or blue light;
  • If the officer is in a police uniform and police vehicle, the light must be displayed with “illuminated oscillating, rotating or flashing red or blue lights.” When used with a siren or horn, a driver should know to pull over. Amber or white oscillating or rotating flashing lights may also be sued in addition with red or blue lights.

Defenses that May Apply to You

  • Not knowing that the police officer was a law enforcement agent (they were not in a police car, they did not use lights or sirens, they were in plain clothes and did not show a badge upon pulling you over, etc);
  • You were involved in a collision and were disoriented or confused as a result;
  • You were rushing to the hospital or fleeing out of some other necessity; and
  • You are suffering from dementia or old age.

Contact a Rolling Meadows Criminal Defense Attorney

Fleeing and eluding will result in a criminal record, suspend license, serious fines, and potentially jail or prison time. For experienced legal defense, call passionate Rolling Meadows traffic offense attorney Christopher M. Cosley today at 847-394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-204

https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5906

What Is Obstruction of Justice?

October 22nd, 2018 at 12:54 pm

Illinois defense lawyerThe news cycle has been full of the phrase ‘obstruction of justice’ in recent months, but while it can be a crime that affects the highest officials in the country, it can also be a crime that an average person is charged with when they become involved in a criminal investigation. If you are less than truthful with law enforcement, you may wind up on the receiving end of obstruction charges if you are not careful, and the penalty can be quite severe.

No Physical Act Necessary

Illinois’ relevant statute defines obstruction of justice as willfully performing certain actions, such as concealing evidence or witnesses, or lying to police, with the intent to “prevent the apprehension of” or “obstruct the prosecution or defense of” any one specific person. In other words, if someone lies to the police or conceals or destroys evidence with the intent to stop a criminal case from going forward, they may (at least in theory) be charged with obstruction of justice.

Historically, obstruction of justice was thought to require a physical act – that is, to physically destroy papers or burn evidence or drive a witness out of state – but recent jurisprudence has given modified that statement. In 2012, the Illinois Supreme Court held in People v. Baskerville that lying to a police officer may constitute obstruction – but it is important to note that it does not always. In many obstruction cases, the decision whether or not to prosecute can be a judgment call, especially if the prosecution of that suspect is later successful (in other words, if the relevant information was discovered by other means).

If You Are Charged

If you are charged with obstructing justice, the penalties can be severe, Most charges of obstruction are processed as Class 4 felonies, meaning that they are punishable by between one to three years in jail and a fine of $25,000. In rare situations it can be charged as a Class 3 felony, usually, if the obstruction is in relation to gang activity, but even if the obstruction is related to gang activity it may be possible to seek a lesser sentence, depending on the specific situation.

In some cases, it may be that prosecutors will seek to charge a person with obstruction related to an investigation if they are unable to mount an effective case for the underlying crime – for example, San Francisco Giants baseball player Barry Bonds was convicted of obstruction of justice over his statements to a grand jury regarding steroid use (both his own and other people’s), but prosecutors did not have the evidence to charge him over alleged drug use in his own case. This may also be a means by which a lesser sentence can be sought – providing the information that was being hidden can sometimes make obstruction charges disappear.

Seek Experienced Legal Help

While little actions like telling a white lie or warning a friend that the police are looking for them can feel like good deeds, they can open you up to serious legal liability. If you are charged with obstruction of justice in Illinois, you need an experienced attorney who knows how these types of cases tend to work. The skilled Rolling Meadows criminal defense lawyers at the Law Offices of Christopher M. Cosley can sit down with you and try to figure out a good strategy to go forward. Call us today to schedule a consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K31-4

http://illinoiscourts.gov/Opinions/SupremeCourt/2012/111056.pdf

Penalties for Teenage Breaking and Entering

October 19th, 2018 at 9:00 am

juvenileBreaking and entering has long been a sort of game for teenagers looking for a thrill. For example, teens in Colorado recently broke into a Colorado home, threw a party, and recorded it on Snapchat. Teens and younger adolescents may dare or encourage one another to break into abandoned homes, which may not actually be abandoned, schools, and other structures. However, breaking and entering, which is called burglary whether there was an intent to steal something or not, is a felony crime.

Residential Burglary and Possession of Burglary Tools

Under Illinois statute 720 ILCS 5/19-3, the elements of residential burglary include the following:

  • Knowingly entering a residence (including a car, RV, boat, railroad car, or other structure) without permission;
  • Entering or remaining in a residence  for the purpose of committing a theft or other felony; or
  • Misrepresenting oneself in order to gain entrance to a residence for the purpose of committing a theft or other felony.

Defendants facing burglary charges may be put behind bars for three to seven years. However, residential burglary is a first-degree felony if the structure entered was a school, place of worship, or daycare facility, punishable by four to 15 years in prison. Teens 18 and older will be tried as adults. Furthermore, if anyone was killed, even accidentally, during breaking and entering (burglary), the defendant faces a first-degree murder charge.

Possession of burglary tools under Illinois statute 720 ILCS 5/19 2 is a Class 4 felony, punishable by one to three years in prison, and involves the following elements:

  • Possession of tools suitable for breaking and entering a structure, car, or watercraft (including lock picking tools, explosives, or other devices); and
  • Intent to break into breaking into a place and commit a felony or theft.

Juvenile Penalties for Breaking and Entering

Unlike adult sentencing, there are generally no strict guidelines for punishing minors in juvenile court. As such, a judge has much more leeway in determining an appropriate punishment. The court may look at the juvenile’s age, the seriousness of the crime committed, their criminal history if any, whether or not they are enrolled in school, their grades, their home life, their general attitude regarding the crime or remorse, and many other personal characteristics. Penalties for breaking and entering include potential fines, incarceration in a juvenile detention facility, probation, counseling, and restitution.

Call a Rolling Meadows Criminal Defense Attorney Today

If your child is 18 or older, he or she will be tried as an adult, and if found guilty, awarded a felony record and potentially years in prison. If he or she is a minor under 18 years of age, they will most likely be tried in juvenile court. However, if serious injury, aggravated battery, or death occurred as a result of the burglary, and your child is 16 or older, they will be tried in adult court. You need to take action to protect your child’s future whether they are 10, 14, or 18. Call dedicated Rolling Meadows juvenile crimes attorney Christopher M. Cosley today at 847-394-3200.

 

Source:

https://abc7ny.com/teens-break-into-home-for-party-record-snapchat-video/2548147/

Fighting a Third or Fourth DUI Charge

October 18th, 2018 at 11:00 am

IL DUI attorney, IL drunk driving lawyerOne-third of drivers arrested for drunk driving are repeat offenders, according to Mothers Against Drunk Driving (MADD). National Highway Traffic Safety Administration (NHTSA) data revealed that for some states, 47 percent of DUI offenders are repeat offenders. Ultimately, if you have already been convicted of one DUI, there a high chance that you will be charged with another. Moreover, after a second DUI conviction in Illinois, the penalties become much higher.

Aggravated DUI

An aggravated DUI is a serious offense — one that results in mandatory imprisonment or community service terms not being eligible for suspension or reduction. Additionally, aggravated DUI charges result in a minimum of 480 hours of community service or 10 days of imprisonment for those out on probation or conditional discharge. Aggravated DUI is charged when the offender was driving under the influence:

  • In a school zone, while the school speed was in effect, and caused a crash resulting in bodily harm;
  • While driving a school bus with one or more minors as occupants;
  • And caused a serious bodily harm;
  • And caused a death;
  • Without vehicle liability insurance; and
  • In many other circumstances.

Additionally, aggravated DUI is charged whenever the offender has already had two DUI convictions, according to the Illinois Secretary of State.

Third DUI Conviction

  • Class 2 felony (three to seven years imprisonment);
  • License revocation for 10 years minimum; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory 90-day  imprisonment; and
  • Mandatory minimum fine of $2,500.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Fourth DUI

  • Class 2 felony;
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Fifth DUI Conviction

  • Class 1 felony (four to 15 years imprisonment);
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Sixth or Subsequent DUI Conviction

  • Class X felony (six to 30 years imprisonment);
  • License revocation for life; and
  • Vehicle registration suspension.

If the offender’s BAC was 0.16 or greater, the penalties include:

  • Mandatory minimum fine of $5,000.

If the offender committed the DUI while transporting a child under 16 years old, the penalties include:

  • Mandatory fine of $25,000; and
  • Mandatory 25 days of community service in a child-benefiting program.

Call a Rolling Meadows Criminal Defense Attorney Today

It is vital to work with an experienced Rolling Meadows felony DUI attorney if you have been charged with a third or subsequent DUI offense. Contact Christopher M. Cosley today at 847-394-3200.

 

Sources:

https://one.nhtsa.gov/people/outreach/traftech/1995/tt085.htm

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

https://www.madd.org/statistics/

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