The blog post Is Domestic Battery a Misdemeanor or a Felony? is available on: https://www.chicagolandcriminaldefenseattorneys.com/
Domestic Battery may be charged as a Misdemeanor or a Felony depending on the facts and circumstances of each individual case and the background of the accused. There are many circumstances that may result in a Felony Domestic Battery charge. Some of those circumstances are:
First Offender Probation is a type of probation that may result in the dismissal of the criminal charge if the term of probation is completed satisfactorily. Once a case has been dismissed upon completion of probation it is possible to expunge the case from a person’s criminal record. See 720 ILCS 550/10. (more…)
Aggravated speeding is driving 26 miles per hour or more over the posted speed limit. It is a very serious moving violation. Aggravated Speeding is a misdemeanor offense. Aggravated Speeding can either be a Class A Misdemeanor or a Class B Misdemeanor. See 625 ILCS 5/11-501.
How do I know if my Aggravated Speeding ticket is a Class A or Class B Misdemeanor?
Speeding 26 to 34 miles per hour over the posted speed limit is a Class B Misdemeanor. Speeding 35 miles per hour or more over the posted speed limit is a Class A Misdemeanor. See 625 ILCS 5/11-501.
Can I receive Court supervision for Aggravated Speeding in Illinois?
Pursuant to a recent change in Illinois law which took effect on January 1, 2016, a person is now eligible for Court supervision under certain circumstances. First, that person must never have been convicted of or received Court supervision for aggravated speeding in the past. See 730 ILCS 5/5-6- 1. Second, a person cannot receive court supervision for aggravated speeding in a construction zone, school zone or in an “urban district”.
What is an urban district for the purposes of Aggravated Speeding in Illinois?
An urban district is defined as the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. See 625 ILCS 5/1-214.
If I am convicted of Aggravated Speeding in Illinois will I lose my driver’s license?
It is possible. A single conviction for Aggravated Speeding in Illinois generally will not result in the loss of your Illinois driving privileges. However, depending on your driving record it could result in the suspension of your driver’s license, points assigned to your driving record and thus, an increase in insurance rates, and it can result in a criminal record for a an Illinois driver.
Can a misdemeanor Aggravated Speeding charge be reduced?
In some circumstances it may be possible to reduce a misdemeanor charge for Aggravated Speeding to a petty offense for speeding under 625 ILCS 5/11-601. The facts and circumstances of each individual case will dictate whether or not an amendment is possible. If you are faced with charges for Aggravated Speeding in Illinois it is important to hire experienced attorneys to represent you. An experienced and knowledgeable attorney will explore all possible outcomes before advising you to make a decision that will have a profound impact on your future. Call the experienced attorneys at Gruszeczki & Smith Law, LLP for a free consultation.
Illinois drivers who are currently driving a car while their driver’s license is suspended or revoked need to be mindful that in many circumstances they could be facing a mandatory jail sentence if they are arrested and convicted. Illinois law mandates that drivers who are convicted of a third violation of 625 ILCS 5/6-303 are facing 30 days in jail or 300 hours of community service unless the suspension or revocation is based on a DUI, accident involving death or personal injury, or a Statutory Summary Suspension. (more…)
Driving on a Suspended or Revoked License and Mandatory Jail Time was first published on: Gruszeczki & Smith Law, LLP
The following blog post Aggravated Speeding (625 ILCS 5/11-601.5) and Your Criminal Record is available on: Gruszeczki & Smith Law, LLP Blog
Now, more than ever before, Illinois drivers need to be wary of how fast they drive on the roadways. At certain speeds a traffic ticket is no longer a petty offense, but instead becomes a more serious misdemeanor. A driver who is traveling between 26 and 35 mph over the speed limit may face charges for a Class B misdemeanor punishable by up to 6 months in jail and a fine of $1,500 for each offense. A driver who is traveling 35 mph or more over the posted speed limit may face charges for a Class A misdemeanor which is punishable by up to 364 days in jail and a fine of $2,500 for each offense.
Currently, there are some situations where aggravated speeding is an offense that is not eligible for supervision whether it is charged as a Class A or Class B misdemeanor.
Aggravated Speeding (625 ILCS 5/11-601.5) and Your Criminal Record was originally seen on: Gruszeczki & Smith Law, LLP
In Illinois Driving Under the Influence (DUI-625 ILCS 5/11-501) Does Not Always Mean Driving Updated for 2018
In Illinois a person is driving under the influence of alcohol when a person is in actual physical control of any vehicle while under the influence of alcohol (See 625 ILCS 5/11-501). It is important for Illinois motorists to note that the Illinois DUI Statute does not mentioned the word ‘driving’. Driving Under the Influence may be the generic all-encompassing term that is used to describe the offense outlined above, but nowhere in the statute does is it mandated that an Illinois motorist actually drive a car. Instead, Illinois uses the phrase “in actual physical control of any vehicle”.
The next logical questions becomes, “What is actual physical control” for the purposes of the Illinois DUI statute?
Illinois case law is abundantly clear that a person does not need to actually drive a car to be in actual physical control of a motor vehicle. Courts are to consider several different factors when assessing actual physical control such as whether a person is in the vehicle's driver's seat, who has possession of the ignition key, and whether the motorist has the physical capability of starting engine and moving vehicle. Illinois courts have repeatedly held that a person does not even need to be in the driver’s seat to be found to have actual physical control of a vehicle. In fact, a person can be asleep in the car and still be found to be in actual physical control of the vehicle.
Those fact patterns include:
The blog post In Illinois Driving Under the Influence (DUI-625 ILCS 5/11-501) Does Not Always Mean Driving – Updated for 2018 was first published on: Gruszeczki & Smith Law, LLP
If you have been arrested or received a ticket for driving on a suspended or revoked driver’s license in Illinois, you are facing, at a minimum, misdemeanor criminal charges. See 625 ILCS 5/6-303 . While any charge for driving on a suspended or revoked license is serious, it is important to determine why the motorist’s driver’s license has been suspended or revoked to determine how serious. If the license was suspended or revoked for DUI (driving under the influence of alcohol, cannabis, or drugs), the penalties are much more severe. (more…)
TASC Probation is a type of probation that is specifically tailored to people with an addiction to drugs or alcohol who have been charged with or convicted of a crime. One of the purposes of TASC Probation is to treat the addiction which may have led the person to commit a criminal offense in the first place. While TASC Probation may be a suitable sentence for some people, not everyone qualifies for TASC Probation. Some of the disqualifications include: (more…)
3 Moving Traffic Violations in 1 Year Can Lead to Suspension of Your IL Drivers License Updated 2018
The following blog post 3 Moving Traffic Violations in 1 Year Can Lead to Suspension of Your IL Driver’s License – Updated 2018 is available on: https://www.chicagolandcriminaldefenseattorneys.com/
Pleading guilty to a traffic ticket or mailing in a guilty plea and payment on a traffic ticket can have serious negative consequences on your driver’s license. The Illinois Secretary of State has the power to suspend your driver’s license if you are found guilty or plea guilty to three moving violations inside of any 12- month period. These suspensions are mandatory.
CDL DRIVERS AND DUI CHARGES IN THE GREATER CHICAGO AREA
The rules for CDL (Commercial Driver’s License) drivers are stricter than for the average driver. A DUI (Driving Under the Influence) charge is tough enough on a regular license holder in Illinois. If you possess a CDL; however, your CDL will be disqualified under the following situations:
1) if you submit to a chemical test that reveals an alcohol concentration of over .08, or the presence of illegal intoxicating compounds (drugs),
2) if you refuse chemical testing (a breath test, a blood test, or a urine test), or
3) if you pled guilty or are found guilty of DUI.
The first two scenarios are administered in accordance with statutory summary suspensions. If commercial driver’s license holders receive a statutory summary suspension, their CDL privileges will be disqualified for one year for a first offense; a lifetime disqualification applies for a second offense. However, the CDL driver must still prevail on the criminal DUI charge to avoid a CDL disqualification. Unlike regular driver’s, the state will consider even a disposition of supervision a conviction when it comes to your CDL. A second DUI violation calls for a lifetime CDL revocation.
Remember that if a CDL is disqualified, that means that you can’t drive CDL vehicles. An employer will not allow an employee to drive a CDL vehicle if the employer learns of the CDL disqualification.
The attorneys at Gruszeczki & Smith Law, LLP are experienced in handling not only Driving Under the Influence (DUI) cases, but also in representing CDL drivers in this unique circumstance. Don’t let a DUI threaten your livelihood as a CDL driver without putting (G&S DUI Attorneys at law) Gruszeczki & Smith Law, LLP to work for you.
The following blog post CDL DUI Attorneys is courtesy of: Gruszeczki & Smith Law LLP Criminal Defense Attorneys
If you or a loved one has been charged with a crime, the time to act is now. Once arrested you still have constitutional rights which are protected by the law. The Chicago criminal defense attorneys at Gruszeczki & Smith Law are experienced trial lawyers with an eye towards protecting those rights. Professional, dedicated, and unyielding, the attorneys at Gruszeczki & Smith will fight for you or a loved one in court. Our goal in every case is a not guilty verdict at trial or the outright dismissal of your case. Even though some cases never go to trial, the attorneys at Gruszeczki & Smith Law use these goals as a starting point in every case so our clients are in the best possible position.