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…
With the new Illinois Speeding Law which makes speeding over 25mph a Class B Misdemeanor and speeding over 40mph a Class A Misdemeanor. Eeach case I work on has to be fought to either have the case reduced to a petty offense, (meaning less then 25mph). This means turning the speeding charge into a regular…
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…
DUI Motions: When I represent a client on a DUI charge I usually file certain motions to challenge the police officer’s reason for stopping the client. As well as motion to challenge the police officer’s belief that the client was intoxicated. These motions are called a Motion to Quash the Arrest and Supress the Evidence.…
The law regarding Driving Under the Influence, commonly referred to as DUI is found in Section 11-501 of the Illinois Vehicle Code. The full citation is: 625 ILCS 5/11-501. 11-501 is the general provision involving DUI. There are two subsections that are the most commonly used in a DUI arrest: (A1): being applicable when a…
Last Thursday, I appeared in DuPage County for my client who was charged with Retail Theft. He was accused of taking protein powder without paying for the item. What really happened is that my client paid $50.00, (the price with tax was $49.95) and left without a receipt. The store clerk pocketed the money. The…
Yesterday, I appeared for a client who was charged with his 3rd DUI. The case could have been upgraded to a felony but I was able to prevent it by the way I approached the case with the prosecutor. Specifically, I let the state’s attorney know right away that we were simply going to watch…
A Petition to revoke a sentence occurs if you fail to complete all of the conditions of the sentence. For example, the sentencing court might sentence you to pay a $1,500.00 fine, take classes regarding alcohol, attend a Victim Impact Panel and not be charged with a crime during the period of your court supervision…
A Victim Impact Panel, (commonly referred to as a “V.I.P.”), is a two hour presentation given by individuals who have either been impacted by a drunk driver or by individuals who either injured or killed a person when they were driving drunk. Client’s have told me that this was the class that was most beneficial…