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Archive for the ‘DUI penalties’ tag

Rolling Meadows Man With Multiple DUIs Faces 30 Year Prison Sentence

May 25th, 2018 at 5:08 pm

Class X felony, DUI news, DUI penalties, multiple DUIs, Rolling Meadows defense attorneyA Rolling Meadows man with 15 driving under the influence (DUI) convictions faces 30 years in prison. The DUI convictions date all the way back to 1982. These convictions take place over 36 years and have occurred in 10 Illinois counties. 

The man’s latest DUI charge occurred in June 2017 when he struck a party bus while intoxicated and driving. For the 15 convictions, he has served 15 years, five months, and eight days in prison, with sentences ranging from one year to 7 years, according to the Daily Herald.

After the man’s most recent DUI charge, the defendant was forbidden to drive. In fact, the state of Illinois took away his license years ago because of the numerous DUI charges. Regardless, the defendant still got behind the wheel of a car and drove while intoxicated. The judge let the defendant out on bail after the 2017 DUI charge.

In March of 2018, the defendant was charged with driving without a license after driving to the scene of an accident to aid his wife. The defendant claimed his wife was in a car accident and he only drove to the scene to help her. Even with the intentions of helping his wife, the judge revoked bail.

The defendant is facing a Class X DUI felony charge. This is a charge that is reserved only for defendants who have six or more DUI convictions. The Class X felony carries a maximum prison sentence of 30 years and a potential fine of $25,000.

Illinois DUI Penalties

According to Illinois law, it is illegal to operate a motor vehicle with a blood alcohol concentration of 0.08 or more. DUI charges are divided into classes, depending on the severity of the charge. Multiple DUI charges and convictions result in harsher sentences.

DUIs can be both a misdemeanor or a felony charge. Misdemeanor charges result in the smallest punishments, and felony charge punishments are more severe.

  • Class A Misdemeanor: The first and second DUI convictions are considered Class A misdemeanors. They carry the potential for fines, short jail sentences, and license suspension.
  • Class 2 Felony: A third or fourth conviction is a Class 2 felony. Along with fines, prison time, and probation, there is a mandatory suspension of license or even lifetime revocation of driving privileges.
  • Class 1 Felony: A fifth conviction is considered a Class 1 felony. This results in both suspension of driving privileges for life and suspension of vehicle registration, in addition to potential prison time, fines, and probation.
  • Class X Felony: A Class X felony occurs after the sixth, and any subsequent DUIs. It carries the strictest penalties of up to 30 years in prison.

Contact Us Today for Help

A DUI charge is a serious matter. You need an aggressive attorney who is equipped to defend you and get the best results possible. Skilled Rolling Meadows DUI defense attorney Christopher M. Cosley is ready and able to defend you. Do not let a charge derail your future; contact us today for a consultation.

Sources:

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

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

http://www.dailyherald.com/news/20180424/man-has-15-dui-convictions-now-he-faces-30-years-in-prison

Can I Get a DUI on a Bike in Illinois?

April 17th, 2018 at 8:59 am

DUI on a bike, Rolling Meadows DUI attorney, DUI conviction, aggravated DUI, DUI penaltiesAfter drinking too much, the worst decision is to get into a vehicle and drive. Taking a cab, ride share, or otherwise getting a ride home is the best option. However, some people may want to ride their bike home after having a bit too much to drink. This option is safer than driving a car; however, there are safety risks to riding a bike under the influence. Additionally, while there are certainly dangers to riding a bike under the influence of alcohol, and other states give DUIs to bike riders, you will not receive a DUI charge.

Illinois DUI Laws

Illinois DUI statute states that “a person shall not drive or be in actual physical control of any vehicle” while having a blood alcohol concentration of 0.08% or more. The definition of vehicle under Illinois law is a device that transports a person or property, “except devices moved by human power.” By definition, a bike is not categorized as a vehicle. A bike is “moved by human power.”

In order to receive a DUI on a bike, the bicycle must be motorized and capable of traveling greater than 20 miles an hour. That being said, while you cannot get a DUI while riding a bike, riders are still subject to the same laws as motor vehicle drivers in Illinois.

Even if you cannot receive a DUI while riding a bike, you can definitely still receive a DUI while operating your car. Driving under the influence is dangerous, but it does happen. Moreover, you need to be aware of what can happen if you are charged with a DUI.

If you are convicted of a DUI, you can face hefty penalties. The more DUIs you have on your record, the more severe the consequences get. In Illinois, one DUI can lead to a license suspension for three months, or even more. A second DUI conviction carries the possibility of a one-year suspension of your license. Receiving a third DUI can lead to the suspension of your license for up to 10 years. The penalties rise from there. Both misdemeanor and felony convictions are possible, as well as a charge of an aggravated DUI.

Let Us Help You with Your Case

If you have been charged with a DUI, you need a dedicated and experienced Rolling Meadows DUI attorney who can fight for you. At the Law Offices of Christopher M. Cosley, we are uniquely qualified to handle your DUI defense. Do not hesitate to contact us today for help.

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K1-217

When You Are Charged As A Repeat DUI Offender

August 18th, 2016 at 8:46 am

When You Are Charged As A Repeat DUI Offender, Rolling Meadows criminal defense attorneyBeing charged with a first DUI is bad enough, but being charged with a second, third or subsequent DUI can be worse. DUIs are serious matters, and anyone who has been charged with a DUI needs to seek the help of an experienced Illinois DUI lawyer immediately. The differences between facing DUI charges as a first time offender and facing DUI charges as a repeat offender are striking. Illinois law takes repeat DUI offenses very seriously. For instance:

  • When you are facing a third or subsequent DUI charge, you are facing a felony charge under 625 ILCS 5/11-501(d)(2)(B);
  • A second DUI conviction within 20 years of a first DUI conviction will result in driver’s license revocation for a period of five years; and
  • A third DUI conviction will result in driver’s license revocation for a period of 10 years.

When it comes to DUIs, the Illinois courts can look back into your driving history for prior DUI convictions; indeed, they can look back to when you first were granted driving privileges. This means that any prior DUI conviction in Illinois will be taken into consideration when determining your punishment for a second or subsequent DUI conviction.

Any number of aggravating factors can make things worse for you when you are facing a second or subsequent DUI. For instance, having a blood alcohol concentration twice the legal limit (the legal limit is 0.08 percent), driving while under the influence with a child under the age of 16 in the vehicle, or being involved in an accident that causes severe bodily harm or death to another can all exacerbate the penalties you may face if convicted. An experienced DUI defense lawyer understands what is at stake for you and will work diligently to get your charges dropped or reduced and will work hard to ensure that you receive fair treatment under the law.

Possible Defenses to DUI Charges

Any number of defenses could be raised against the DUI charges you are facing, but what defenses may be appropriate are determined on a case by case basis. Based on the specific facts and circumstances surrounding your DUI arrest, certain defenses may be available to you, while others may not. Some common defenses that are typically raised against DUI charges include:

  • The traffic stop was not a valid stop;
  • The breathalyzer device was not properly calibrated;
  • The field sobriety tests were not properly conducted;
  • Police failed to follow appropriate protocol concerning breathalyzer testing, field sobriety testing, the stop, or the arrest; or
  • Police violated your rights.

Reach Out to an Attorney for Help

It is possible to move past a DUI charge and get on with your life, but you will need the help of an experienced Illinois DUI criminal defense lawyer to protect your rights and freedom. Please do not wait unnecessarily to contact a passionate Rolling Meadows criminal defense attorney for assistance with your case.

Source:

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

Proposed Legislation to Ease Penalties for Drunk Drivers

June 19th, 2014 at 7:00 am

penalties, ease penalties, anti-drunk-driving groups, Chicago DUI lawyer, Christopher M. Cosley, drunk drivers, DUI laws, DUI offenses, DUI penalties, redemption bill, repeat DUI offendersAccording to an article recently published by the Chicago Tribune, one Illinois lawmaker is going against past trends of increasing penalties provided for by state law associated with driving under the influence (DUI) offenses. Instead, the representative is attempting to build support for a measure that would somewhat ease penalties faced by repeat DUI offenders.

Redemption Bill

The representative decided to sponsor what is known as the “redemption bill” after being confronted by an individual from her district. The man told his story, and the representative took a first hand look at his treatment, which proved to her that the man had turned his life around since his offense. Her measure would change the existing DUI laws in a limited way. The proposal would apply to those people found guilty of a fourth DUI offense who would have otherwise permanently lost their licenses and allow them a limited permit to only drive to and from work.

In addition, the proposal would carry various conditions. In order to get driving privileges restored, offenders would have to go through a five-year waiting period since their last conviction. Offenders would also have to successfully complete rehabilitation, pass three years worth of screenings, and request the permit from the Secretary of State. If approved for the permit, the offender would be required to equip his or her vehicle with a breath-testing device that would lock the steering wheel if attempted to operate while intoxicated.

Opposition

There are those who have voiced opposition to the measure. They argue that being charged with a fourth DUI indicates a serious problem, and allowing such a person to get behind the wheel poses a threat to society. Others, including anti-drunk-driving groups, are split on their support of the measure.

Although repeat DUI offenders pose a serious risk to the community, the ultimate goal is to rehabilitate offenders and the legislation gives them the opportunity to prove themselves. Some point out that a portion of repeat offenders do change and learn from their mistakes. The ones that are able to turn their lives around should not be punished for the rest of their lives for past mistakes.

Criminal Defense Attorney

It remains to be seen whether this measure will garner enough support to make it into law. However, old DUI penalties remain in effect while it is pending. The attorneys at the Law Offices of Christopher M. Cosley have experience representing many clients who have been charged with various levels of DUI offenses. Contact us today to schedule a consultation in our Rolling Meadows office. We have represented clients in Cook County and the surrounding area.

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