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Archive for the ‘Rolling Meadows DUI attorney’ tag

Is There a Lookback Period in Illinois for DUIs?

April 4th, 2019 at 8:22 pm

Illinois defense lawyer, Illinois DUI attorneyMany states have a lookback period for DUI convictions. A lookback period, which is typically five to 10 years, indicates the amount of time a DUI conviction remains on a person’s driving record. This is helpful for those charged with subsequent DUIs because the prosecution and courts can only see DUIs within that timeframe. If a person was convicted of a DUI but the conviction took place longer than the lookback period, that DUI is not considered during sentencing.

So, is there a lookback period in Illinois for DUIs?

Lookback Period in Illinois

Unfortunately, in Illinois, there is no lookback period for DUIs. If a person is convicted of a DUI, it remains on their permanent driving record. This means the prosecution and judge can charge for a subsequent DUI no matter how long ago the first conviction occurred.

However, the courts will still take into consideration the length of time between a first offense and subsequent offenses when revoking a person’s driver’s license. For this reason, it is important anyone charged with a DUI speaks to a Rolling Meadows DUI lawyer that can help them beat the charges and continue to enjoy an unblemished permanent driving record.

Court Supervision

After being found guilty of driving under the influence in Rolling Meadows, the best chance a person has at avoiding jail time and high fines is court supervision.

When a judge sentences a person to court supervision, the defendant will have certain requirements and obligations they must meet. The court will then supervise that person for a period of time to ensure they are fulfilling those obligations, such as community service. Once a person can complete their court supervision successfully and without further incidence, the charges are dismissed without a conviction.

It is important that anyone sentenced with court supervision for a DUI understands this is only possible after their first DUI. Any subsequent DUI convictions are not eligible for court supervision, even if the defendant was not ordered to court supervision previously.

It is also important for all drivers in Illinois to understand that court supervision is not only possible for first-time DUIs, but also first offenses of reckless driving. The stipulations of court supervision remain the same regardless of the charge a person is facing.

Driver’s License Revocation

While Illinois may not have a lookback period for DUIs, the length of time in between subsequent DUIs does have an effect on how long a person’s driver’s license is revoked.

First-time DUI convictions will result in a person losing their driver’s license for one year. If a person is then convicted a second time of a DUI, their license is revoked for five years, but only if 20 years have passed since their first DUI.

The only subsequent DUI convictions that will not have any effect on the amount of time a person loses their driver’s license are third and fourth convictions. After a third DUI, a person will lose their license for 10 years, regardless of how long it has been since their last DUI. After a fourth conviction, a person loses their driver’s license for the rest of their life.

Without a Lookback Period, Anyone Charged with a DUI Needs a Rolling Meadows DUI Attorney

In Rolling Meadows, even one DUI conviction has serious consequences. Not only will individuals go a year without their license, but they will also have a permanent mark on their driving record. They could even have a permanent criminal record. For these reasons, anyone charged with driving under the influence needs a dedicated Rolling Meadows criminal defense lawyer that can help them build a solid defense. If you have been charged with a DUI, you simply cannot take your chances with the wrong lawyer, or try to beat the charges on your own. There is simply too much at stake. Contact the Law Offices of Christopher M. Cosley at 847-394-3200 for your best chances at retaining your license, and your freedom. Do not face the difficulties that come with even just one DUI conviction. Call today for your free consultation.

 

Sources:

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

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-6-3.1

Expunging a DUI Record

January 31st, 2019 at 7:12 pm

IL DUI lawyer, IL expungment attorneyOne of the worst penalties for mistakes made or wrongful convictions is that a person has a criminal record for the rest of their life. That criminal record can prevent them from obtaining employment, housing, and other opportunities such as post-secondary scholarships. Due to this, those with past convictions often wonder if there is any way to get their record cleared, and the mark on it erased. This is often the case with those convicted of a DUI. So, is there any way to get a DUI expunged or sealed in Rolling Meadows?

Expunging a DUI

According to the Criminal Identification Act, expunging a record is the act of physically destroying it. Instead of the records being destroyed, the records may simply be given to the person named within them. Their name may also be removed from official and public record with regard to a certain crime.

Under the law, expungement may be possible for certain arrests, court-ordered supervision, probation, and even some felonies. A DUI however, cannot be expunged from a person’s record, no matter what they were charged with or what the sentencing entailed.

Sealing a DUI

While expunging a record is essentially making it as though the record never existed in the first place, there is another option for anyone with marks on their criminal record. This is sealing their record, which is also outlined in the Criminal Identification Act.

When a record is sealed, any convictions or arrests remain on an individual’s record. However, that record is only available when it has been ordered by a judge. For example, while a landlord may not be able to view the record, a judge may be able to when the court would like to know if a person has any prior convictions.

When expunging a record is not an option, individuals often try to have their record sealed. Unfortunately, this is not an option for those with a DUI on their criminal record, either. DUI convictions in Illinois can also not be sealed.

How to Clear a Record of a DUI in Rolling Meadows

Unfortunately, there are only two ways to have a DUI cleared from a criminal record in Rolling Meadows. The first is if there were no charges filed. If the case is dismissed, or a person was arrested but the charges were dropped and the individual was never sentenced, the arrest and case can be cleared from a criminal record.

In the instance that an individual was convicted of a DUI, they only have one option. That is to ask the governor of Illinois for a pardon. This is rarely done, and pardons are even more rarely given. For this reason, it is critical that anyone facing a DUI charge speak to an attorney that can help. The best way to ensure a criminal record does not contain any DUI charges is to not get them in the first place.

A DUI Attorney in Rolling Meadows Can Help

It is important for anyone charged with a DUI to seek the help of a passionate Rolling Meadows criminal defense lawyer. An attorney can help individuals beat DUI charges, or get the charges reduced so that one day, they may be eligible to have the charge on their criminal record sealed or expunged. If you have been charged with a DUI in Rolling Meadows, contact the Law Offices of Christopher M. Cosley today at 847-394-3200 for your free consultation. A DUI conviction likely means that a person will not be given a second chance to have their criminal record cleared. Our attorneys can help individuals fight the charges in court and retain their freedom, both now and in the future. Contact us for a free consultation.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=350&ChapterID=5

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

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

What You Need to Know About Underage DUIs in Illinois

December 12th, 2017 at 8:10 am

Rolling Meadows DUI attorney, underage drinking, underage DUI, zero tolerance policy, driving privilegesWe all know that it is illegal to operate a motor vehicle in Illinois with a BAC of 0.08 percent or more. Yet did you know that drivers who are under 21 years of age can get in trouble for driving under the influence if they have any detectable amount of alcohol in their system? This is because Illinois has what is known as a zero tolerance driving under the influence policy.

Illinois’ Zero Tolerance Policy

As noted on the Office of the Illinois Secretary of State’s website, a driver who is less than 21 years old and is caught with even a trace amount of alcohol in his or her system can get into a lot of trouble under Illinois’ zero tolerance law. Exactly how much trouble a young driver can get in depends on how much alcohol they are found to have consumed before getting behind the wheel. For example, a person who is under 21 can be charged with a DUI (aka driving under the influence) if he or she is caught with:

  • A BAC of 0.08 percent or more,
  • A BAC of 0.05 percent or more plus additional evidence proving impairment,
  • Any illegal drugs in their system, or
  • Other indications of having been driving while under the influence.

Furthermore, Illinois’ zero tolerance law provides that a driver who is under 21 will lose his or her driving privileges if he or she is caught driving after having consumed any alcohol at all. Underage individuals who get caught driving with alcohol in their system in Illinois lose their driving privileges as follows:

  • If convicted of a first DUI – driving privileges revoked for at least two years.
  • If convicted of a second DUI within five years – driving privileges revoked for at least five years.
  • If stopped and issued a ticket for a traffic violation (first offense) – driving privileges suspended for three months.
  • If stopped and issued a ticket for a traffic violation (second offense) – driving privileges suspended for one year.

The Consequences of Underage DUIs in Illinois

In addition to losing their driving privileges for a specified period of time, underage individuals convicted of driving under the influence in Illinois can be sentenced to serve time in jail (generally imprisonment for up to one year) and/or be ordered to pay a fine (typically up to $2,500). Furthermore, those convicted of driving under the influence often find that the consequences of a DUI conviction extend far beyond the penalties imposed by the court. For example, many people find that after being convicted their insurance provider decides to terminate their auto insurance policy.

Need Legal Advice? Contact a Local Rolling Meadows DUI Attorney

Anyone who has recently been charged with driving under the influence in Illinois should contact an experienced Rolling Meadows DUI attorney Christopher M. Cosley without delay. It is important to realize that driving under the influence, whether you are over or under 21, is a serious criminal offense in Illinois that can carry steep fines and serious jail time. Therefore, if you have been accused of driving under the influence it is critical that you consult with a local criminal defense lawyer about your legal options right away.

Source:

http://www.cyberdriveillinois.com/departments/drivers/traffic_safety/DUI/uselose.html

Understanding the Ramifications of Refusing a Breathalyzer Test in Illinois

October 23rd, 2017 at 6:21 am

breathalyzer test, DUI charge, DUI conviction, DUI defense, Rolling Meadows DUI attorneyIf you or a family member is pulled over, should you consent to taking a breathalyzer test? This is a common question and, in truth, the answer is—it depends. This is because each case is different and your circumstances may have presented a scenario where refusing a Breathalyzer test was appropriate, or vice versa.

Under Illinois Law, when you obtain a driver’s license you are impliedly consenting to take a Breathalyzer test if you are requested by a police officer to do so. This implied consent is codified in state statute 625 ILCS 40/5-7.1.

Even with the existence of an implied consent law, you have the right to refuse a Breathalyzer test, but the ramifications can be quite severe. For example, if you are convicted of a DUI and you refused to take a breathalyzer test, then your driver’s license will be suspended for at least one year.

Warning Required

When a police officer asks you to take a breathalyzer test, they are legally obligated to inform you that refusing to take the test may result in the aforementioned suspension of your driver’s license.

The suspension of your driver’s license can go beyond one year, depending whether you have a criminal record and/or a prior DUI conviction.

Why Some People Opt to Decline the Breathalyzer Test

There is a belief that if you refuse a breathalyzer test, it will improve your chances of prevailing against the government’s DUI charge. This is not a sound legal strategy. Yes, the lack of an official breathalyzer result may make it more challenging for the prosecution to obtain a conviction, but it does not guarantee your victory in court. This is because the government can prove a DUI through a variety of methods, even without a breathalyzer result.

For example, the police officer who pulled you over could testify in court concerning your driving behavior and physical appearance when you were pulled over. If you underwent a field sobriety test, the results of that test are generally admissible as evidence. Also, there may be video footage from the police officer’s squad car which could potentially reveal that you were intoxicated. Some, or all, of these tests and other evidence could be considered sufficient by a jury to find you guilty of driving under the influence of drugs or alcohol.

Speak to a Rolling Meadows DUI Defense Attorney Today

Whether you agreed to take a breathalyzer test or not, you have the right to quality legal representation. That is why it makes sense to contact a passionate Rolling Meadows DUI attorney at the Law Offices of Christopher M. Cosley. We are eager to assist you immediately.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500400K5-7.1

Illinois Traffic Stops Must be Based on a Reasonable and Articulable Belief of a Traffic Violation

June 8th, 2016 at 11:08 am

Illinois traffic stops, Rolling Meadows DUI LawyerA police officer simply cannot stop you in Illinois on the grounds of drunk driving. Rather, law enforcement is not permitted to make a traffic stop without a reasonable and articulable belief that the driver has violated a traffic law, i.e., a reasonable suspicion that a law was broken. Stopping a driver for anything short of a reasonable and articulable belief that the driver has violated a traffic law would be an illegal seizure of the driver, which is a violation of the driver’s Fourth Amendment rights. Many people who are facing a DUI may be facing charges that are based on no actual violation of a traffic law. When there is no evidence of a reasonable and articulable belief that the driver broke the law, it means that the traffic stop was illegal.

How Do DUI Charges Come About?

Once a legal traffic stop has been made, a police officer can then witness evidence or facts that could lead the officer to believe that the driver was recently drinking alcohol, at which point a police officer can make allegations that the driver is driving while under the influence. Police can make a DUI arrest when they have a probable cause to believe that the driver broke the law. However, that is not to say that a driver may have engaged in activity while behind the wheel that made police suspicious as to whether the driver was under the influence of alcohol. There is a line between violating a traffic law and conducting oneself in a legal fashion, and sometimes police make mistakes about where that line is drawn.  

By way of a few examples, swerving within your own lane of traffic is not an illegal act. You might have been avoiding a pothole or other hazard in the road, weather conditions, such as a strong wind, might push your vehicle within your lane of traffic, or you might not have been paying close attention to your driving momentarily. However, as long as you stay in your own lane, you have not broken any traffic laws. Conversely, if you swerve between lanes of traffic in a dangerous or reckless way, or across a double yellow line into oncoming traffic, then you have committed a traffic violation and police can make a traffic stop.

Other reasons to make a traffic stop include:

  • Speeding violations;
  • Failing to comply with traffic signs and signals;
  • Driver or passenger is not wearing a seat belt; and
  • Equipment violations, such as a broken tail light.

Let Us Assist You Today

Police must have a reason for pulling a driver over to do an investigatory traffic stop. If other facts present themselves to the officer that lead the officer to believe that the driver is driving while under the influence, then the officer can make a DUI arrest. If you are facing DUI charges, do not hesitate to contact a skilled Rolling Meadows DUI attorney for professional assistance with your case.

Sources:

https://www.law.cornell.edu/constitution/fourth_amendment

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-601

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K12-603.1

Legal Issues Surrounding DUI Checkpoints

October 9th, 2014 at 7:32 pm

Illinios criminal defense attorney, Illinois DUI attorney, driving while intoxiated, DWI, Driving under the influence (DUI) cases are some of the more common cases in criminal court. While many cases may be relatively straightforward, there are certain issues that can pop up concerning police procedure in bringing these charges. Of course, each criminal case involving a DUI or other criminal charges should be evaluated in light of the particular facts surrounding the case in order to determine any issues present, as well as options the specific defendant has in addressing the charges.

One such issue that may become relevant in a DUI case is the context in which the defendant was pulled over. Some of those charged with DUI may be observed to be driving in a reckless manner by law enforcement; others may have committed a traffic infraction giving the officer pretext for the stop. Still others may have been charged with a DUI as the result of passing through a DUI checkpoint. A recent report looks at DUI checkpoints and the potential legal issues that result from them in some states, including Illinois.

No Refusal

In some states across the country, including Illinois, law enforcement officials are allowed to conduct what are known as “no-refusal” DUI checkpoints. While the legality of DUI checkpoints in general has been established for quite some time, these specific types of checkpoints are raising concerns in states that conduct them. No-refusal checkpoints involve ordering drivers who are suspected of DUI to submit to a blood test if they first refuse a standard field sobriety test.

The blood test is generally conducted after probable cause for commission of the crime is found, but some defense attorneys are saying the procedure is just a way to get around other laws in place. One problem is that the search warrants claiming probable cause to administer a blood test against the person’s wishes are reportedly mass-produced, something that goes against the general requirements of specificity and narrow scope that such documents should have. At least 30 states, counting Illinois, either have conducted no-refusal initiatives, or have the authority to do so.

On the other hand, law enforcement officials cite staggering statistics about drunk drivers and the need to get them off the road as support for no-refusal initiatives. They say that no-refusal checkpoints do not use procedure that is any different than what would otherwise be used in a DUI stop. In some states, the only difference would be the site at which the blood is drawn – normally, suspects are taken to a hospital for a blood draw after a warrant is issued for the test, while during no-refusal initiatives, there may be nurses at a jail to draw blood there. It is notable that in some states, law enforcement and judges have declined to take part in no-refusal initiative because of concerns over their legality.

DUI Lawyer

If you have been charged with a DUI, contact the experienced Rolling Meadows defense attorneys at the Law Offices of Christopher M. Cosley today to schedule a consultation.

Fatal Rollover Crash Case finally solved from 2011

July 21st, 2012 at 4:00 pm

According to an article in the Chicago Tribune, the Riverside police have cracked the case about a car crash that left one man from Woodbridge dead and one woman from Cicero slightly injured.  Back on December 7th of 2011, Magali Padilla, 24, and Cesar Ramirez, 26, were on their way home from dinner.  Police supposed that from the scene of the crash, the 2003 Mercury Mountaineer was moving at a high rate of speed when it hit a curb and proceeded to roll over multiple times.  The force of the crash ended up ejecting Ramirez from the vehicle as the SUV came to a halt on someone’s front lawn.

When police arrived at the scene they noticed a strong smell of alcohol from both Padilla and Ramirez.  Padilla was given a breathalyzer test and registered a .017, which is two times the legal limit in Illinois.  Both Padilla and Ramirez were transported to Loyola University Medical Center where Ramirez was pronounced deceased shortly after arrival.  Yet from the date of the crash up to July 7th of this year the authorities in Riverside were not sure if they could charge anyone.

Police Chief Thomas Weitzel assured the public that his department was working non-stop since the alcohol-fueled car accident.  The officers were responsible for reviewing scene evidence, hospital records, witness testimony, and hours of video surveillance.  It was by reviewing the video camera tape that the Riverside police finally solved the case.  Padilla and Ramirez were driving from a restaurant as caught on tape at 11:40 pm on December 7th, 2011.  The video revealed that Padilla was driving the vehicle and not Ramirez.

This revelation resulted in Magali Padilla being charged with reckless homicide and aggravated drunken driving.  On July 8th, 2012 Cook County Criminal Court Judge Adam Bourgeois Jr. ordered Padilla to be held on $35,000 bail.  DWI defense is complicated and often requires the finesse of a skilled DWI defense attorney in Cook County, IL.  If you have been affected by a DWI charge do not wait another day.

Former Chicago White Sox Player Facing Drunk Driving Charges

March 29th, 2012 at 4:42 am

dui lawyer rolling meadows illinois Even celebrities and professional athletes can make the mistake of driving while under the influence of alcohol or drugs. According to the Chicago Tribune, the latest athlete that has landed in this predicament is the former White Sox closer Bobby Jenks. Jenks, who signed with the Boston Red Sox following the 2010 season, was charged with a DUI on March 23, 2012 in Fort Myers, Florida, where the Red Sox are currently training.

A police officer pulled Jenks over after observing his vehicle weaving through traffic. Jenks failed field sobriety tests, admitted that he had taken too many muscle relaxers, and also stated that he had hit another vehicle earlier at a Fort Meyers strip club. He now faces five misdemeanor charges, including driving under the influence, property damage, and leaving the scene of an accident.

Jenks has already made the classic mistake of attempting to explain his behavior to police by blaming his intoxicated state on muscle relaxers. In doing so, Jenks only made it more likely that he will face convictions on these charges. By giving voluntary statements about his behavior to the police, without the presence of a qualified DUI attorney, Jenks is giving the prosecution more evidence of his alleged crimes.

If you are arrested for driving under the influence in Chicago, you have a constitutional right to contact an attorney and to refrain from speaking with law enforcement officers about the incident. Do not hesitate to exercise your rights and contact a Rolling Meadows DUI defense lawyer at once for assistance with any DUI or related criminal charges that you may be facing.

Court Supervision in Illinois DUI Cases

March 16th, 2012 at 3:45 am

According to the Illinois Secretary of State’s Office, first-time DUI offenders in Illinois are often required to complete a period of court supervision. If a court sentences you to complete court supervision, you will be required to comply with court-ordered terms for a specified period of time. While the terms of court supervision can vary from one case to the next, and may also differ depending on which Illinois state court is handling your DUI case, most court supervision orders share some common aspects.

illinois court supervisionFirst, court supervision often requires you to complete an alcohol evaluation and follow any treatment recommendations. For instance, you could be required to attend counseling or drug and alcohol education meetings, or take part in a program like Alcoholics Anonymous. It is also likely that the court will order you to pay a fine, and possibly other costs related to your DUI charge. The judge hearing your case also has the option of ordering you to complete a specified number of community service hours, especially if your blood alcohol content was well above the legal limit of .08 at the time of your DUI. Finally, a court supervision order could require you to participate in other types of alcohol education events, for example, a victim impact panel.

In addition to court supervision, a first DUI conviction can also result in serious consequences, including a criminal record that you could be required to be disclosed to future employers. If you’ve been charged with a DUI in Chicago, you will need the assistance of a top Rolling Meadows, Illinois DUI defense lawyer. With the help of an experienced Rolling Meadows DUI attorney, you may be able to minimize or avoid the potentially negative consequences of your DUI charge

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