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Archive for the ‘Criminal defense’ Category

Illinois Retail Theft Ring Broken Up

July 13th, 2018 at 7:20 am

Illinois theft charges, retail theft ring, Rolling Meadows criminal defense attorney, theft crimes, retail theft chargesretail theft ring made up of six individuals has been broken up and resulted in charges being filed for all six individuals involved, according to The Times. Thousands of dollars worth of merchandise was stolen by six people throughout Illinois and Northwest Indiana. Both Illinois and Indiana police departments were investigating a string of retail theft instances. The suspects were found after detectives identified the individuals on surveillance tapes.

Additionally, detectives were able to use an informant to gain more information about the six suspects. The theft ring was targeting more high-end items, like electronics and handbags. Two of the suspects are in custody, with warrants out for the other four individuals. The investigation is ongoing as the detectives on the case are looking for additional evidence or thefts committed by the ring.

Retail Theft in Illinois

Retail theft, or shoplifting, is a serious problem throughout Illinois. As such, there are harsh penalties that can be imposed on individuals who are caught stealing from retail stores. An Illinois statute defines retail theft and the various ways in which one might commit retail theft. Retail theft is committed anytime a person knowingly takes possession of merchandise at a store that is offered for sale in a retail establishment. The person must have the intent to permanently deprive the merchant of the item or the benefits of the item.

There are various ways in which retail theft can be committed and include:

  • Taking items from a store without paying – This is one of the most common types of retail theft. This is what people most commonly think of when they think of retail theft;
  • Changing a price tag – It can also be retail theft if an individual alters a price tag on an item in an attempt to purchase it with the new price. Most often, people will try to change the tag to a lower-priced item;
  • Unwarranted discounts – Employees at retail stores can also be guilty of retail theft. Failure to ring up all items at the cash register, or to apply unlawful discounts, is also considered retail theft.
  • Use of a jamming device – In many stores, anti-theft tags are attached to items to alert the store if a person attempts to remove the item without paying. The use of a jamming device so that the merchandise can go through security without sounding the alarm is retail theft.

Contact an Aggressive Theft Defense Attorney for Help

If you have been charged with retail theft, you need an attorney who knows the law well. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley is ready and waiting to defend you. Attorney Cosley uses every applicable defense to get you the best result possible given the circumstances. With the vast amount of theft crimes, you need an attorney who understands the differences in crimes and can adequately represent you. Contact us today to find out how we can help you.

Sources:

https://www.nwitimes.com/news/local/lake/police-bust-retail-theft-ring-operating-in-nwi-and-illinois/article_e7903fd2-37df-5e92-99e1-4dcfe803c553.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-25

The Use of Circumstantial Evidence in Illinois Criminal Cases

July 6th, 2018 at 4:06 pm

circumstantial evidence, criminal defense cases, Rolling Meadows criminal defense attorney, criminal proceedings, contradictory evidenceIf you turn on any crime drama show, chances are you have heard a prosecutor or defense attorney utter the phrase, “you only have circumstantial evidence.” As a viewer of a television program, you might just hear these words and not think about what circumstantial evidence is or the role it plays in criminal defense cases. Circumstantial evidence is not just a phrase you hear television lawyers throw around, however, but a real type of evidence that is at issue in criminal proceedings.

Direct vs. Circumstantial Evidence

There are two types of evidence that can be used in criminal trials. Direct evidence is actual physical evidence used to link a defendant directly to a crime. This could be a video surveillance tape, a fingerprint at the crime scene, or any other evidence that directly points to a defendant committing a crime.

According to Illinois jury instructions, circumstantial evidence is “the proof of facts or circumstances which give rise to a reasonable inference of other facts which tend to show the guilt or innocence of a defendant.” Essentially, this is evidence that is not actually rooted in hard, physical proof, but instead includes the circumstances that surround a defendant and point to their innocence or guilt. Further, Illinois instructs juries to use circumstantial evidence combined with other evidence presented in the case to arrive at a verdict.

Circumstantial evidence is used so that inferences can be made to link a defendant to a crime. Common examples can include resisting arrest, a motive to commit the crime, the opportunity to commit the crime, evasions by the defendant, denials, inconsistencies, the presence of a defendant at the scene of the crime, and any other conduct of the defendant that could be used to draw inferences to a defendant’s guilt.

Prior Illinois Law

In the past, Illinois made special considerations around the use of circumstantial evidence. Previously, circumstantial evidence was only allowed to be used exclusively for a conviction of a defendant if the evidence excluded every reasonable possibility that the defendant might be innocent.

Now, circumstantial evidence can be used in addition to direct evidence. All evidence is considered by the trier of fact (the jury) or a judge in the event it is not a jury trial. This evidence can all be used to determine whether the prosecution has proved beyond a reasonable doubt that a defendant is guilty of the crime of which they are charged.

Let Us Help You Today

If you have been charged with a criminal charge, then you need an attorney. Passionate Rolling Meadows criminal defense attorney Christopher M. Cosley will work diligently to present every piece of evidence available to prove your innocence. Attorney Cosley understands that circumstantial evidence can play a huge part in a criminal trial and will present contradictory evidence at every available opportunity.

Source:

http://www.illinoiscourts.gov/circuitcourt/CriminalJuryInstructions/CRIM_03.00.pdf

Three Common Misconceptions About Criminal Law in Illinois

June 4th, 2018 at 9:13 am

criminal law in Illinois, Rolling Meadows criminal defense attorneys, first-time offenders, criminal sentencing guidelines, criminal case evidenceFor many people, their knowledge of the criminal justice system comes from television shows or other types of media. As such, they may get ideas in their heads of what should happen in criminal cases. In reality, many events that take place on television are not accurate depictions of actual criminal defense cases in Illinois.

Real life cases do not follow a script, and they can be unpredictable and shocking. It is important to know which facts are the truth and which are mere misconceptions. In light of this, consider the following three common misconceptions about the criminal justice system.

Any Time I Am Not Read My Miranda Rights, My Case Will Be Dismissed

A defendant must be read his or her rights anytime he or she is in custody of the police and is being interrogated. Being ‘in custody’ is a complicated issue. Merely talking to the police does not always mean that you are in custody, and neither does being placed in handcuffs.

There are several factors that go into determining when a defendant is in custody. If a defendant’s rights are not read, and he or she is in fact in custody, this does not mean the case will automatically be dismissed. Generally, any statement made during the custodial interrogation will be suppressed and unusable in trial. However, there is no requirement that a case must be dismissed.

If I Ask an Undercover Police Officer if He is a Police Officer, He Has to Tell Me

There is no requirement for a police officer, who is working undercover for whatever reason, to disclose that he or she is a police officer. Undercover operations are used in a variety of situations, and the disclosure of such would make an operation useless.

I Will Not Go to Jail for My First Offense; I Have a Family and a Job

There are sentencing guidelines for crimes committed in Illinois. The severity of the crime determines what the sentence will be. Just because someone has been charged with his or her first ever criminal act, it does not mean he or she could not go to jail. Judges have likely seen a lot of defendants go through their courtroom, including many first-time offenders and those with families. A judge will follow the sentencing guidelines and will not fall prey to emotional pleadings for no jail time in certain crimes.

We Can Help You Today

At the Law Offices of Christopher M. Cosley, we make sure to provide you with accurate legal information so you are aware of what is happening in your case. Our talented Rolling Meadows criminal defense attorney has the skill and knowledge to defend you in an array of criminal matters. Contact us today to get the best defense available.

Sources:

https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1028&context=book_chapters

http://www.ilga.gov/commission/lru/2005pfc.pdf

Reckless Driving in Illinois

May 18th, 2018 at 10:00 am

reckless driving, traffic offenses, reckless driving charges, speeding, Class A misdemeanorWhile many believe reckless driving to be a minor offense, in reality it can lead to serious consequences that have lasting effects. As such, if you have been charged with reckless driving in Illinois, we ask you to reach out to us today for professional help.

What is Reckless Driving?

In Illinois, reckless driving is governed by statute 625 ILCS 5/11-305. There are two situations in which a person can be found guilty of reckless driving:

  1. A person who drives “with willful or wanton disregard for the safety of persons or property” is said to be driving recklessly; and
  2. A person who knowingly drives “a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne” is driving recklessly.

Common examples of reckless driving include a person who is driving at a high rate of speed, someone who is driving erratically, or any other type of driving that might rise to the level of negligent driving. Driving erratically includes drivers who swerve in and out of lanes without notice and without the use of their turn signals.

Penalties in Illinois

If you are found to be driving recklessly in Illinois, the penalties are much higher than with a minor speeding ticket or traffic violation. Reckless driving is considered a Class A misdemeanor. A Class A misdemeanor carries up to 364 days in county jail and the potential for a fine up to $2,500. Additionally, a charge of reckless driving on your driving record also means points added to your license.

If you do not want to have a reckless driving charge on your driving record, there is the potential for an alternative penalty. Instead of the charge being added to the record, a driver can be placed under supervision. Supervision usually requires the payment of a fine, attendance and completion of Traffic Safety School, or both. However, once you use the supervision for the reckless driving charge, you can no longer be eligible for supervision for any additional reckless driving charges, or for a first DUI charge.

Additional Consequences to Reckless Driving

Upon conviction, you will receive fines, court costs, jail time, or possible supervision. There are other consequences to consider in a reckless driving charge, or any traffic-related offense:

  • License Suspension: The Illinois Point System has a three-strike rule. This means that if you receive three moving violations within a 12-month period, you may have your license suspended, although this may depend on your individual circumstances.
  • Increased Insurance Rates: With the addition of points on your license, your insurance premiums will likely go up.

We Can Help You Today

If you have been charged with reckless driving and want to hear about the options available to you, contact the Law Offices of Christopher M. Cosley. A dedicated Rolling Meadows criminal defense attorney at our office is equipped with the knowledge and skill to explain your options and get the best results possible.

Sources:

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

http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/TrafficSection/CourtSupervision.aspx

What Happens if I Violate My Probation?

May 14th, 2018 at 6:00 am

probation, Rolling Meadows criminal defense attorney, violate my probation, violating probation, Illinois criminal defensesWhen sentencing an individual upon conviction of a charge, a judge often has a variety of options available. One of the most common types of sentencing in Illinois involves placing an individual on probation.

Probation is a sentence that requires a defendant to adhere to certain supervision rules to ensure that the defendant is not committing other crimes and is being rehabilitated after his or her conviction. An individual must follow the terms of his or her probation exactly, otherwise he or she could be found in violation of his or her probation.

Of course, violating probation has consequences. If you have violated your probation, there are defenses and options available to you, and it is in your best interests to contact an attorney immediately for help.

What is Probation?

Individuals that are sentenced to probation are required to follow a set of rules established by the court. The terms of probation can vary from case to case; however, most often these rules include the following:

  • Reporting to a probation officer. This can be done either in person or over the phone, depending on the court’s ruling;
  • Refraining from using any and all illegal drugs;
  • Committing no crime;
  • Some type of restriction on weapons that one can have in his or her possession;
  • Attending counseling mandated by the court;
  • Paying all fines and court costs; and
  • Attending any scheduled court dates.

The above is not an exhaustive list of all probation terms, but is a list of the most common types of rules that must be followed. A violation of any of the above can be reported.

The court also determines the time that a defendant will be on probation. Making it through that period of time without any violations will result in release from probation and a defendant being able to move forward with his or her life. A violation of probation, however, can result in further punishment. 

If probation is violated, then a Notice of Violation of Probation will be filed with the court and will be mailed to the defendant’s last known address. A defendant must appear in court or a warrant will be placed for arrest.

There are different punishments available to the courts for violation of probation. These include letting a defendant continue with his or her probation (more common for first-time violators), lengthier probation time, or even jail time.

Contact Us Today for Help

At The Law Offices of Christopher M. Cosley, we know that mistakes happen. As such, a dedicated Rolling Meadows criminal defense attorney at our office is ready to defend you with any applicable defenses. We are passionate about advocating for your rights and obtaining the best possible result under the circumstances. Contact us today for legal assistance.

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/OfficeoftheChiefJudge/ProbationDepartments/ProbationforAdults/AdultProbationDepartment/FAQ.aspx

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-4

What Makes Me a Trespasser?

April 24th, 2018 at 4:30 pm

trespasser, Rolling Meadows criminal defense attorney, Illinois trespassing, trespassing defenses, criminal trespass, electronic tracking deviceIn Illinois, trespassing can occur in several ways and include trespass to vehicles, trespass to real property, and trespass through the use of electronic tracking devices. Generally, trespassing is a misdemeanor crime. However, some properties hold a felony charge. One such example is trespassing on government buildings. Trespassing on government buildings will likely result in a felony trespassing charge. The intention behind the trespassing is also considered when assessing the severity of the crime and the appropriate punishments to follow.

Types of trespassing crimes in Illinois include the following:

  • Criminal Trespass to Vehicles: Criminal trespass to vehicles is defined as a person entering any part of, or operating, any vehicle, aircraft, watercraft, or snowmobile. The individual must knowingly enter the vehicle and must not have any authority to do so.
  • Criminal Trespass to Real Property: Criminal trespass to real property occurs when a person: (1) enters a building knowingly and without authority; (2) enters land of another without permission; and (3) continues to stay on another’s property after having been told to leave.
  • Trespassing Through an Electronic Device: Trespassing using an electronic device is using an electronic tracking device to “determine the location or movement of a person.” There are exceptions to this rule. It is not illegal to place an electronic tracking device if the owner of the vehicle has given his or her consent, or the vehicle comes with a built in tracking device. Further, companies tracking employees company-wide are exempt, as well as government vehicles.
  • Criminal Trespass to State Land: Criminal trespass to state land is entering and remaining on property after being told to leave or that it was prohibited, or trespassing on land that is funded by the state of Illinois.
  • Criminal Trespass to Safe School Zone: Criminal trespass to a safe school zone is continuing to enter school property after you have been told you are not allowed to be on the school grounds.

Defenses to Trespass

Much like every facet of the law, there are exceptions to trespassing, as well as various defenses.

  • If land is open to the public, generally criminal trespass to land will not occur. Further, there may be a defense to criminal trespass of land if you reasonably believe that the land is open to the public;
  • If a building has been unoccupied or abandoned for at least one year, a person who enters the land to beautify it is not trespassing. In addition to being abandoned for one year, the taxes must not have been paid for two years; and
  • A person can enter land for emergency purposes. There must be a danger or imminent danger or destruction for the entrance to be excused from criminal trespass to land.

We Can Help You Today

If you have been charged with any type of criminal trespass, The Law Offices of Christopher M. Cosley can help. Talented Rolling Meadows criminal defense attorney Christopher Cosley has the knowledge and passion to defend your case to a favorable outcome.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+21&ActID=1876&ChapterID=53&SeqStart=64500000&SeqEnd=66800000

What Does it Mean to be “In Custody”

April 12th, 2018 at 6:10 pm

in custody, miranda rights, Rolling Meadows criminal defense attorney, self-incrimination, custodial interrogationThe Fifth and Sixth Amendments to the United States Constitution give an individual the right to avoid self-incrimination and to consult an attorney. While these rights are in the Constitution, they were not always enforced or followed strictly.

In the Supreme Court case of Miranda v. Arizona, the Court reinforced that an individual has the “right to remain silent” and to consult an attorney. These rights are more commonly known as your “Miranda Rights.”

If the police take you into custody, they must inform you of your rights. There is no question that the rights must be read; however, the idea of a suspect being “in custody” is a vague term. Custody has come to mean being questioned or interrogated by the police after being taken into custody or otherwise deprived of freedom of action in any significant way.

Ultimately, if you believe your rights were violated by police officers in Rolling Meadows, it is in your best interests to contact an attorney for help. To be sure, a legal professional can potentially use this information as a defense in your case and have the charges against you dropped.

Custodial Interrogation

Being in handcuffs could be a sign that you are being taken into custody, but it is not the only situation in which someone can be considered in custody. Since “custody” is so broadly defined and has a lot of gray areas, the court in criminal proceedings is tasked with determining if an individual was in custody or not. Courts will look to the “totality of the circumstances” to determine if an individual was in suspect. This means that the court will examine a wide variety of factors to determine whether the actions of the police amount to the suspect being in custody.

There are different factors that the court will look to when police are interrogating an individual. These include:

  • Line of Questioning: The court will look to the types of questions asked, who was asking the questions, or if there weapons were present that could be deemed as intimidating a suspect to answer the questions.
  • Initiation of the Questioning: The court will look to whether the questioning was voluntary, who started the questioning, and the physical surroundings of the questioning.
  • Circumstances of Questioning: Both the length of questioning and time of day of questioning are examined by the court.

An Attorney Can Help You Today

If you have been charged with a crime and question if your Miranda Warnings were given properly, The Law Offices of Christopher M. Cosley is here to help. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley will investigate each element of the arrest and questioning to make sure your rights were not infringed upon.

Sources:

http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona

https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1028&context=book_chapters

Should I Take a Plea Deal?

March 26th, 2018 at 6:47 pm

criminal cases, plea deal, Rolling Meadows criminal defense attorney, criminal case negotiation, pleading guiltyMany people have seen an episode of a legal drama on television. A crime is committed, the suspect is arrested on charges, and then he or she is either found guilty or takes a plea deal.

Television dramas make it seem like these scenarios are very black and white—the accused is either found guilty or takes a plea deal. Plea deals are offered to the accused frequently, but rarely are they discussed in detail.

In reality, taking a plea deal is a huge consideration in a criminal case. A plea deal is a negotiation between the defendant and his or her attorney on one side and the prosecutor on the other side. The defendant agrees to plead guilty or no contest to some crimes, in return for a reduction of the severity of the charge or the dismissal of some of the charges. Or, the prosecutor recommends a reduced sentence that would be given after a trial.

Considerations for a Plea Deal

Being charged with a crime in Illinois is stressful. Do not let that stress cloud your judgment regarding what needs to be considered if a plea deal is offered. First and foremost, you need to contact an attorney. An attorney will be able to guide you through the entire process and help you determine your options in relation to a plea deal. He or she will know if the deal is a desirable one or if you have a better chance going to trial.

Factors that will be taken into consideration regarding a plea deal include the following:

  • Your chances at trial. Every case is unique. You must look at the evidence on both sides of the case to assess the risk of going to trial.
  • Variables at trial. It is impossible to know the end result going into trial. To be sure, many unexpected variables can arise in the trial stage.
  • Consequences of the plea. When you take a plea deal, you are pleading guilty or no contest to a crime. You need to consider the implications of having this on your record versus the chance of not having anything on your record should you succeed at trial.

It is Important to Contact an Attorney Today

Ultimately, there is no clear answer when a plea deal should be taken. It is up to you, the accused, to decide whether you will take it or not. However, having an experienced defense attorney can help. Skilled Rolling Meadows criminal defense attorney Christopher M. Cosley will take the time to explain your options and the consequences of those actions. Choose the attorney who will take the time to advocate for you and realizes the risk involved in criminal cases. Contact us today for assistance.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=53&ActID=1876

What Does it Mean to Plead “No Contest?”

March 20th, 2018 at 6:29 am

charged with a crime, guilty plea, plead no contest, pleading guilty, Rolling Meadows defense attorneyIf you have been charged with a crime, you must enter a plea to the court. Generally, people think of “guilty” or “not guilty.” However, there are other options, such as “no contest.”

Under Illinois law, a defendant is brought into open court and read the charges against him or her. The defendant then makes a plea pursuant to 725 ILCS 5/113-4, by either pleading guilty, guilty but mentally ill, or not guilty. The statute does not specifically point to the plea of no contest. Because no contest is not stated in the statute, a defendant does not have the right to plead no contest in every criminal case. However, a judge can allow the defendant to make the no contest plea.

What is “No Contest”

No contest comes from the phrase “nolo contendere,” which means “I will not contest.” A no contest plea is very similar to a plea of guilty. In a no contest plea, the defendant does not disagree with the facts of the case, or his or her role in the crime. The defendant is, however, not admitting guilt. When a defendant pleads guilty, he or she is admitting their guilt in the crime. The plea of no contest is essentially the defendant accepting the penalties for the crime, but without admitting guilt.

Consequences of “No Contest”

While it appears that a guilty plea and a no contest plea are the same, there is one substantial difference. A guilty plea will follow a defendant to other cases. A defendant who pleads guilty can have that conviction be used as evidence in future trial, crimes, or proceedings. A no contest plea cannot be used against a defendant in later proceedings.

For example, if an individual caused an injury while driving under the influence of alcohol, a plea of no contest could protect him or her from additional civil proceedings.  If a defendant pleads guilty to the DUI and injuries, the injured party could use that admission of guilt in a civil suit. A plea of no contest would not allow the injured party, or the injured party’s representatives, to use the plea in a future lawsuit. Since the defendant did not admit guilt through the no contest plea, it cannot be used against him or her in the future.

An Attorney Can Help You Today

Figuring out what plea to enter in a crime is tricky. If you or a loved one have been charged with a crime, you need an experienced Rolling Meadows defense attorney who knows how to help. The Law Offices of Christopher M. Cosley will inform you of your options and help you decide what the best course of action is. Our legal team wants to advocate for your rights and provide the best possible defense. Contact us today to find out how we can help you.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HArt.+113&ActID=1966&ChapterID=54&SeqStart=25200000&SeqEnd=26200000

Illinois Automobile Insurance

March 16th, 2018 at 12:38 pm

Illinois automobile insurance, Rolling Meadows criminal defense attorney, types of auto insurance, property insurance, bodily injury insuranceIf you are pulled over, one of the first questions a police officer will ask is to see your license, registration, and proof of insurance. It is essential to carry all three of these items with you in your vehicle. However, what happens if you forget to bring your insurance? Or, what if you do not have automobile insurance?

What Insurance Does Illinois Require?

There are three types of auto insurance required in Illinois. A driver must have both property and liability/bodily injury insurance. Additionally, a driver must carry uninsured motorist bodily injury insurance. The property insurance component of auto insurance is for covering the cost in case you damage another’s property in your vehicle. Most often, this is to cover the damages to another vehicle. Occasionally, however, other property can be damaged. Your insurance policy must cover at least $20,000 of property insurance.

The liability/bodily injury auto insurance is to cover the costs that will arise if you injure or kill someone in an accident. If you have caused a crash where someone is injured or killed, it is almost certain that a claim against your insurance to be compensated for sustained injuries will be filed. Compensation could be for medical bills, doctors visits, treatments, lost wages, and even pain and suffering. Even passengers in your own vehicle can file claim to your insurance for their injuries in a crash. You must purchase at least $25,000 of liability insurance for the injury or death of one person and at least $50,000 for the death of more than one individual per accident. Aside from the minimums, there is also the possibility of buying more coverage.

Uninsured motorist bodily injury insurance is insurance to protect you if you are involved in a crash with another vehicle that does not have insurance You are required to have $25,000 in coverage for one person in the accident and at least $50,000 for two or more individuals in an accident.

What if I Do Not Have Insurance?

If you are unable to provide proof of insurance to a law enforcement officer when asked, then you are breaking the law. You will receive a ticket for driving without insurance. If you are convicted or plead guilty, you will receive a minimum fine of $500 and your license plates will be suspended until you comply with the law on your first offense. Subsequent offenses result in harsher penalties.

Let Us Help You Today

If you have been charged with driving without insurance, The Law Offices of Christopher M. Cosley can defend you. There are defenses available to driving without insurance. Talented Rolling Meadows criminal defense attorney Christopher Cosley has years of experience and will investigate and explore every defense that might be available to you. Contact us for a free consultation today.

Source:

http://www.cyberdriveillinois.com/departments/vehicles/mandatory_insurance.html

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