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Archive for the ‘Rolling Meadows defense lawyer’ tag

License Revocation at Discretion of the Court

November 28th, 2018 at 2:35 pm

IDMost moving violations do not end up with the driver being sentenced to a license revocation. In fact, even when serious bodily injury has occurred, the driver is typically allowed to drive that very same day so long as they are not seriously injured. However, in some circumstances, a court may revoke a driver’s license without a hearing, as per Illinois statute 625 ILCS 5/6-206 Discretionary authority to suspend or revoke license or permit; right to a hearing.

If a driver’s behavior falls under one of 48 different categories, they may lose their license immediately, and without a hearing, if the court believes that is the best course of action to keep other road users safe. These specific behaviors and actions include, but are not limited to, the following:

  • The driver committed an offense that requires license or permit revocation upon conviction;
  • The driver has been convicted of three or more moving traffic violations in any 12 month period;
  • The driver has repeatedly been involved in motor vehicle collisions, or has repeatedly been convicted of traffic offenses to a degree that indicates lack of ability to exercise ordinary and reasonable care, or disrespect for traffic laws and the safety of other people;
  • While driving illegally, the driver caused bodily injury to another road user;
  • The driver utilized a fake driver’s license;
  • The driver refused to submit to an examination or failed an examination under Section 620-7;
  • The driver used false statements or submitted false facts in order to gain a driver’s license;
  • The driver possessed, displayed, or attempted to display a driver’s license that was not their own;
  • The driver operated a motor vehicle on a state highway with an invalid driver’s license;
  • The driver fled the scene of a crash in which $1,000 or more in property damage occurred;
  • The driver, while driving, was found to be possessing an illegal controlled substance on their person or in their vehicle; and
  • The driver refused to submit to a breath test or their blood alcohol content was found to be 0.08 or higher while driving a motor vehicle.

At Least Seven Million People Across the Country Have Lost Their License Due to Debt

Statistics show that at least seven million Americans have had their licenses revoked or suspended simply because they failed to pay their traffic fine debts. The total number is likely much higher than seven million, and here in Illinois a driver’s license can be revoked for repeatedly getting traffic citations to the “degree that indicates . . . disrespect for the traffic laws. Opponents of these types of laws believe that they overly penalize the poor—those who cannot afford to pay their parking and speeding tickets.

Call a Rolling Meadows License Revocation Attorney

If your driver’s license has been revoked or suspended, or you are facing another moving violation that will put you over the top in terms of points on your license, you need to call a Cook County criminal defense lawyer. Call skilled Cook County criminal defense attorney Christopher M. Cosley today at 847-394-3200 for a free consultation.

 

Sources:

https://www.washingtonpost.com/local/public-safety/more-than-7-million-people-may-have-lost-drivers-licenses-because-of-traffic-debt/2018/05/19/97678c08-5785-11e8-b656-a5f8c2a9295d_story.html?utm_term=.b3c9b1b08b8a

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-206

Interfering with the Reporting of Instances of Illinois Domestic Violence

April 4th, 2016 at 8:21 am

Illinois domestic violence, Rolling Meadows Defense LawyerSometimes domestic situations get out of hand. One person in a relationship or family situation, often a male, might lose his temper or act out angrily at his partner, ex, or family member. The other party, often a woman, is the alleged victim, and she might feel threatened, fearful, or vindictive and could over-react to the situation. She might want to call the police and report the incident as an instance of domestic violence.

Calling the police for a domestic violence situation is a serious matter, since the cops are most likely leaving the scene with someone in custody, usually the alleged abuser. Many people know this and do not want to be arrested. Threats made by the alleged victim to call the police can prompt the alleged abuser to interfere with the victim making the call to the authorities. The alleged abuser might:

  • Try to physically prevent the victim from placing a call to the police;
  • Threaten the victim further;
  • Break, destroy, or disable the phone;
  • Attempt to make it difficult for the victim to speak to the police on the phone;
  • Attempt to make it difficult for the police to hear the victim on the phone; and/or
  • Try to prevent the victim from telling the police something if the police arrive at the scene.

Any of the above examples are attempts to interfere with the reporting of domestic violence, which is prohibited by law under 720 ILCS 5/12-3.5. If you are facing domestic violence allegations, and allegations that you interfered with the reporting of domestic violence, you need to speak with an experienced Illinois criminal defense lawyer as soon as possible. You face serious charges, and a lawyer can help you defend yourself and your rights.

Interfering with the Reporting of Domestic Violence

Specifically, the statute on interfering with the reporting of domestic violence prohibits a person from preventing, or attempting to prevent a victim or a witness from reporting an instance of domestic violence. It can also be considered interfering with the reporting of domestic violence if a person prevents a victim from getting the medical attention or care that he 0r she needs after an instance of domestic violence. The resulting criminal charges are a Class A misdemeanor.  

Charges of interfering with the reporting of domestic violence are often accompanied by domestic violence charges, such as domestic battery, aggravated domestic battery, and violation of a protection order. Defendants are often charged with both, but sometimes one or both of the charges can be dropped if the facts do not support a conviction.

Let Us Assist You Today

When you are facing domestic violence charges, or charges for interfering with the reporting of domestic violence, there is a lot at stake and you need to consult with an experienced criminal defense lawyer. Please contact a passionate Rolling Meadows defense lawyer at our firm immediately. Our skilled advocates are prepared to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

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