If you’ve recently received a Scott’s Law ticket in Illinois, you’re probably worried about what happens next. You may be asking yourself questions like:
Understanding the Immigration Consequences of a Criminal Case in Illinois
As a criminal defense attorney practicing in Illinois, I have witnessed firsthand how a criminal case can have devastating immigration consequences for non-citizens. This is especially true in today’s world. Anyonne watching the news knows what I am talking about. Many clients facing criminal charges do not initially realize that their immigration status could be at risk. However, even minor offenses can lead to deportation, inadmissibility, or denial of naturalization.
I am not an Immigration attorney, but I run into criminal cases involving non-citizens regularly, and when I spot an Immigration issue in a case, I will explain the issue to the client and ask them to seek the advice and services if an Immigration attorney, who would be more familiar with the day-to-day changes in Immigration policies, laws, rules, and practices in the Immigration process. I will then work with the Immigration lawyer to address the Immigration issues in the criminal case.
If you are facing criminal charges for reckless driving or DUI (Driving Under the Influence), you may be wondering about the differences and similarities between these offenses. Both reckless driving and DUI are serious charges that can have significant legal consequences, including fines, license suspension, increased insurance rates, and even jail time. Understanding how these charges relate to one another is crucial when building a strong legal defense.
James Dimeas, has decades of experience representing individuals charged with reckless driving, DUI, and other serious traffic offenses. If you are in need of a skilled criminal defense attorney, contact James Dimeas today to discuss your case.
Understanding Reckless Driving
If you have received a traffic ticket in Illinois, you may be concerned about how it will affect your driving record and whether it will lead to a suspension of your driver’s license. The Illinois Secretary of State operates a point system to track traffic violations, and accumulating too many points can have serious consequences. As an experienced Illinois criminal defense and traffic attorney, I have helped countless clients navigate the Illinois point system, fight traffic tickets, and protect their driving privileges. Understanding how this system works is crucial if you are facing a traffic violation and want to minimize the impact on your record.
What Is the Illinois Secretary of State Point System?
The Illinois Secretary of State’s point system is a method of assigning demerit points to drivers who are convicted of traffic violations. When you receive a traffic citation and either pay the ticket or are found guilty in court, points are added to your driving record. The number of points assigned depends on the severity of the violation. If you accumulate too many points, your driver’s license may be suspended or revoked.
Transporting a firearm in Illinois can be a complex process, as the state has specific laws and regulations designed to balance public safety and the rights of gun owners. Understanding these requirements is essential to avoid criminal charges and ensure compliance with Illinois firearm transportation laws. As criminal defense attorneys, we often see individuals facing legal consequences for failing to properly transport their firearms, often due to confusion about the law. This article aims to provide a comprehensive guide on how to legally transport a firearm in Illinois while avoiding common pitfalls.
Understanding Illinois Firearm Transportation Laws
Illinois law governs firearm transportation under the Firearm Owners Identification (FOID) Act and other related statutes. The primary objective of these laws is to ensure that firearms are transported safely and securely to prevent accidental discharge, unauthorized access, or criminal misuse.
As an experienced criminal defense attorney in Illinois, I have seen firsthand how the definition of “driving” can significantly impact DUI cases. When facing DUI charges, it is essential to understand what the law considers as “driving” under the state’s statutes. This blog post aims to provide clarity on what constitutes driving for a DUI in Illinois, the legal nuances involved, and how an experienced DUI defense attorney can help protect your rights.
The Legal Definition of “Driving” in Illinois
In Illinois, DUI laws do not limit the offense to merely operating a vehicle on public roads. The legal definition of “driving” is broader and includes several actions that might not be immediately apparent. Under Illinois law, a person can be charged with DUI if they are in control of a vehicle while under the influence of alcohol or drugs. But what exactly does “in control” mean?
I frequently get calls from clients asking me what they should do because the police called asking them to come to the police station to answer some questions. Being asked by the police to come to the station for questioning can be intimidating and confusing. Whether you’re a witness, a person of interest, or potentially a suspect, it’s crucial to handle this situation carefully to protect your rights and avoid unintentionally complicating matters. Here, I will guide you through the essential steps to take if the police request your presence for questioning, so that you are informed and prepared.
1. Stay Calm and Composed
First and foremost, remain calm. A police officer’s request for questioning doesn’t necessarily mean you’re in trouble or under arrest. However, it’s important not to assume your role in their investigation. Keeping a level head allows you to think clearly and respond appropriately.
Illinois’s new bond law, officially known as the Pretrial Fairness Act, has been a topic of heated debate since its implementation. As a defense attorney who’s seen the law in action, I’m deeply concerned about its unintended consequences. While the intent of the law was to create a fairer pretrial system by eliminating cash bail, the reality has been that it’s resulting in people being incarcerated who otherwise wouldn’t have been. Let’s take a closer look at why this is happening and why we, as defenders of justice, must call for changes.
The Promise of Reform
The Pretrial Fairness Act is part of Illinois’s SAFE-T Act, which aimed to eliminate cash bail and address disparities in the criminal justice system. The goal was laudable: no one should be jailed simply because they can’t afford to pay bail. In theory, the system should evaluate a person’s risk to the community or likelihood of flight, not their bank account.
In almost every DUI case that I sign up, the client wants to know whether they were right to take a Breathalyzer Test or whether they made the right decision to refuse to take the Breathalyzer Test. It’s so common that I often answer the question before the client asks the question. Unfortunately, there is no simple answer to that question. That’s because there can be serious consequences when you decide whether to take the test or refuse to take it. In Illinois, the mere refusal to submit to a Breathalyzer Test carries a mandatory 12 month suspension of your Illinois driver’s license. If you take the Breathalyzer Test, and the result shows that the blood alcohol content was over the legal limit of 0.08 or above, your Illinois driver’s license will be suspended for 6 months. This is known as the Statutory Summary Suspension. These suspensions kick in 46 days after the date of your DUI arrest. If you have had a DUI within 5 years of your current DUI, the suspension of your license for taking a Breathalyzer Test can be 12 months, and a refusal would be a 36 month suspension of your license. Even if you don’t have an Illinois driver’s license, your driving privileges in Illinois will be suspended during the suspensions and this could affect your out-of-state driver’s license as well. This could be important for people who live outside of Illinois with an out-of-state license who need to drive in Illinois for work. Since deciding whether or not to submit to a breathalyzer is not a straight-forward decision, let’s talk about the different factors that should come into play when making this decision.
In most DUI cases, the police officer will request that you take a breathalyzer test. If the officer suspects that you may be under the effects of illegal drugs, the officer may ask you to submit to a blood test or provide a urine sample. A refusal to take a blood test or provide a urine sample will have the same effect as refusing to submit to a breathalyzer test. If the sample is over the legal limit you will be facing a 6 month Statutory Summary Suspension and a refusal will lead to a 1 year suspension of your license.
There’s a difference between the Portable Breath Test (PBT) that the officer will request you perform at the scene, and the Breathalyzer Test which is performed at the police station. The PBT is a small device that the officer has at the scene which will display your blood alcohol level immediately on the device. The results of the PBT are not admissible in Court to prove that your blood alcohol level was over the legal limit. The reason for this is that the PBT is not sufficiently scientifically reliable to be admissible in Court. However, it can be used by the State to show that the officer had Probable Cause to place you under arrest and take you to the station for further investigation. A refusal to submit to a PBT will not lead to a suspension of your license. If the blow into the PBT indicates that your blood alcohol content is over the legal limit, your license will not be suspended. The Statutory Summary Suspension only applies to the Breathalyzer test that is performed at the police station.
Being pulled over by a police officer can be a stressful and confusing situation for most motorists. This is especially true If you have consumed alcohol earlier in the day. When the officer approaches your car and starts asking you where you are coming from, and where you are going, and if you have been drinking. Now your mind starts racing and your heart starts beating. Am I getting arrested for a DUI? The officer takes your license and walks back to his vehicle to run your license. The officer returns to your car and asks you to get out of your vehicle and perform some tests to see if you are okay to drive. Let’s talk about what Field Sobriety Tests are and whether you are required to perform them.
What Are Field Sobriety Tests?
The Field Sobriety Tests are the tests administered by a trained officer to asses whether a driver is impaired. If the tests are properly administered by a properly trained officer, they have been scientifically proven to be 90% accurate. The results of a Field Sobriety Test are legally admissible in Court and are usually an important part of the state’s prosecution of a DUI case. There are three (3) basic tests that are designed to asses your balance, coordination, and your ability to divide your attention to more than one task at a time. The 3 Field Sobriety Tests are as follows:
Chicago Criminal Lawyer Blog
