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Archive for January, 2020

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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