In most DUI cases in Illinois, in addition to the DUI criminal charges, you will received a STATUTORY SUMMARY SUSPENSION. This is the automatic suspension of your driver’s license 46 days after your DUI arrest. If you have a CDL license, this will suspend your CDL and cause a 1 year disqualification. This suspension /…
To win a DUI trial in Illinois you have to understand the basics of trial law. Specifically, who has the burden of proof. You are innocent of the DUI charge at all times until a Judge says otherwise. This means the State has the burden (requirement) to prove to the court that you are guilty.…
Electronic Communication Device While Driving: Using a cell phone while driving is a violation of the Illinois Statute 625 ILCS 5/12-610.2. Can I use a cell phone when I am stopped in traffic? Yes. The law states a cell phone can be used if the following conditions are met. First, the vehicle is stopped…
Is there a video of your DUI arrest? The answer is most likely “yes”. More and more police departments are using dash and body cameras to record police interactions. However, each police department has its own video recording rules. Some police departments do not have in-car video and other’s do. By law, all Illinois State…
This is a Lockport, Illinois matter. My client, a CDL truck driver was driving his commercial vehicle (a Vovlo truck with 53 foot trailer) on Route 7 into Lockport. He was coming down from the bridge into Lockport when a Lockport police officer used radar and clocked him going 60mph in a 30mph zone. This…
During a traffic stop a police officer may tell you that he has to have you perform the Field Sobriety Tests, (walk and turn, one leg stand, etc) because it is his department’s police and that it is routine and you can be on your way in a few minutes. During the tests, the officer…
Once you have been charged with Driving Under the Influence (DUI) your driver’s license will be suspended for a period of 6 months to 3 years. The suspension starts approximately 46 days after the day of your arrest. What determines the length of suspension is whether this is your first or second DUI and whether…
In Illinois the use of an electronic devise to compose, send or receive a message (texting) while driving is against the law. Anybody who has texted and driven at the same time can appreciate the danger involved, as driving a motor vehicle requires you to keep your eyes directed at the road ahead and looking…
The State of Illinois has increased the consenquences for a person speeding over 31 mph. Here is the law: Speeding 31 mph Plus Above Limit – No Supervision Courts may not grant court supervision to a violator when they are charged with speeding that is 31 miles per hour or more in excess of the…
Here is a summary of the new traffic and DUI laws that have taken effect in in 2012 and 2013: Cellular Telephone Ban Emergency Scenes (P.A. 97-0828 effective July 20, 2012 Amends 625 ILCS 5/12-610)No person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene where an…