As Thanksgiving approaches and the rest of the holiday season, DuPage County, Illinois, like many other areas, prepares for an increase in DUI (Driving Under the Influence) incidents. Law enforcement agencies and local authorities are taking proactive measures to ensure road safety during this holiday season. If you are arrested for DUI, you are strongly advised to contact a criminal defense lawyer. While hiring a lawyer will not guarantee a positive end to your legal situation, it will give you a fair chance at pursuing a favorable conclusion to your current legal woes.

Holiday Season Means Increased Police Presence

DuPage County law enforcement agencies are increasing patrols and may implement sobriety checkpoints during the Thanksgiving holiday. The goal here is to deter impaired driving and catch those who are allegedly driving under the influence of alcohol or drugs. The heightened police presence serves as an important reminder to motorists to make responsible choices and avoid driving while impaired.

Strict DUI Laws in Illinois

As is true in virtually all other states in America, if a driver in Illinois has a blood alcohol concentration of 0.08 percent or higher, they may be charged with DUI. Additionally, Illinois has a zero-tolerance law for drivers under the age of 21, meaning any detectable amount of alcohol in their system can result in a DUI charge. People must understand the legal limits and consequences associated with DUI offenses.

When people struggling with drug addiction are arrested for a crime, many assume that automatic jail time is inevitable. Contrary to popular belief, this is not the case. The legal system recognizes the complexities of addiction and behavioral health, offering alternative options instead of incarceration. If you are facing drug charges and are suffering from a form of drug addiction, contact a lawyer to ensure you understand your rights. You may have access to alternative programs and treatment instead of serving time in jail.

Understanding the Link Between Drug Addiction and Criminal Behavior

Drug addiction often fuels criminal behavior, as individuals may resort to illegal activities to support their substance abuse. However, it is important to recognize that addiction is a disease that requires treatment rather than punishment. The legal system is increasingly acknowledging this connection and seeking alternative solutions that address the root causes of addiction rather than solely focusing on punishment. 

Drug Courts and Diversion Programs

Things such as drug courts and diversion programs have emerged as effective alternatives to incarceration for drug addicts facing charges. These programs aim to provide rehabilitation and support rather than punishment. Drug courts offer intensive supervision, mandatory drug testing, and individualized treatment plans to help people overcome addiction and address any underlying issues. Diversion programs, on the other hand, provide opportunities for people to participate in counseling, treatment, or community service in exchange for reduced or dismissed charges. 

Driving under the influence (DUI) is a serious offense as it can have serious consequences for both individuals and the community at large. In Illinois, DUI laws are stringent, and offenders can face harsh penalties. However, what many people may not realize is that even the morning after a night of heavy drinking, they may still be considered DUI offenders under certain circumstances. This is a phenomenon known as a “hangover DUI.” If you are facing charges related to a hangover DUI, a lawyer may be able to help.

Defining a Hangover DUI

Also known as a “morning-after DUI” or “next-day DUI,” it occurs when a person operates a vehicle with a blood alcohol concentration above the legal limit, typically 0.08 percent, even after the immediate effects of alcohol have worn off. In other words, if a person still has alcohol in their system from the previous night’s drinking, they can be charged with a hangover DUI.

Legal Basis and Penalties

In Illinois, the law prohibits driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs. The state’s DUI laws do not differentiate between alcohol consumption immediately prior to driving and alcohol consumed the night before. If a person’s BAC is over the legal limit, they can be charged with DUI, regardless of when the alcohol was consumed. 

If you’ve made the decision to move forward with a divorce, you’re not alone. Divorce rates have skyrocketed this year compared to years past, and many believe this spike is in part caused by additional stress fueled by the coronavirus pandemic. However, the pandemic is also affecting how the courts are handling divorce proceedings. In today’s blog, we take a closer look at how Illinois is handling divorces during the pandemic, and what you should do if you’re planning on moving forward with a divorce during these turbulent times.

Divorcing In Illinois Amid The Coronavirus

As we mentioned in the intro, we’re seeing a noticeable increase in the amount of divorce proceedings in Illinois and across the United States. Statistics show that the number of couples interested in a divorce between March and June increased 34 percent compared to the same time period in 2019. This may seem like a stark increase, but it’s not without reason. That time period is generally considered the first wave of the coronavirus pandemic.

During this time, people were being laid off from work as businesses closed their doors, others were trying to do their best to work from home, and many parents were trying to juggle schooling and childcare as schools and daycares told kids to stay home. Add in the fact that people were getting sick and we were advised to limit in-person contact, and all of these factors greatly increased stress in our lives. Everyone handles this stress differently, and while sometimes it can make couples stronger, stress can also amplify issues in a relationship and lead to irreconcilable differences.

Not all guilty verdicts are the same. Despite the fact that you may be convicted of a crime, how you reach that point can have a big impact on the eventual sentence you’ll receive for that crime. And considering some of the potential sentences that misdemeanor and felony level offenses carry in Illinois, it’s important that you have a lawyer by your side who can help with all aspects of your case, including sentencing.

Factors That Go Into Sentencing

While the facts of the case will determine whether you’re found innocent or guilty, the culmination of how your case is presented will go a long way in determining your sentencing. Even at sentencing, a smart argument from a lawyer can greatly reduce the sentence you’ll receive. We always work hard to help our clients win a dismissal, but if they are found guilty, our job doesn’t stop there. Just look at some of these sentences we’re been able to help negotiate for our clients.

• Driving With A Suspended License – Facing a year in jail for a 12th violation of driving with a suspended license, Brett was able to negotiate a sentence that involved no jail time for his client.
• DUI – Brett’s client faced her fifth DUI charge and a mandatory six year prison sentence, but by working with the prosecution ahead of trial, Brett was able to get his client a sentence of only 60 days of work-release along with drug and alcohol treatment.
• Felony Firearm Possession – Facing three years in prison for felony weapon possession, Brett was able to secure a sentence of two years probation instead of prison time for his client.
• Murder – A member of our team was able to point to a client’s abusive childhood in order to avoid a death penalty sentence in a 1993 homicide case.

So while you hopefully won’t need us to argue away a death penalty sentence, it’s important that you understand just how important good representation is at all stages of the trial. From negotiating with the prosecution before trial in an attempt to get the charges reduced or dropped to developing a case that focuses on your willingness to put a mistake in the past and become a better person, we can help you secure a favorable sentencing outcome or even get the charges dropped, like we’ve done for many clients in the past.

Even in amicable divorces, establishing child custody arraignments can become complex and complicated in a hurry. There’s also the very real possibility that circumstances change that warrant an adjustment to a child custody agreement. But if you are dissatisfied with your current agreement, how can you go about changing the current order? We explain how you do this, and how a lawyer can help with the process in today’s blog.

Modifying Child Custody In Illinois

In a standard child custody case, Illinois requires that at least two years have passed since the original child custody agreement was signed. So if you’re three months into an arrangement and you’re frustrated with how it’s going, it’s unlikely that a court will modify the arraignment. There are circumstances where they will make changes before two years have passed, and we’ll touch on those below, but the goal of a child custody agreement is to foster stability in a child’s life, so changes within the first two years can prove difficult, especially if one party objects to the changes.

Before we cover changes within two years, let’s look at modification requests after at least two years have passed. In order to have child custody modified after this period, you must show that there has been a change in circumstances since the original agreement. This change can be in the life of the child, in your life, or in the life of your former spouse. Some common changes include:

The second amendment to the U.S. Constitution grants citizens the right to keep and bear arms, but that doesn’t mean you can carry a firearm anywhere you please in Illinois. There are permits and regulations that must be followed if you plan on carrying a concealed weapon, and the penalties for violating these laws can be severe. Below, we take a closer look at the laws and the penalties regarding concealed carry violations.

Conceal Carry In Illinois

Before a person can apply for their concealed carry license, they must first obtain what’s known as a Firearm Owner’s Identification Card (FOID). The FOID is what allows you to purchase and possess a firearm in Illinois, and you do not need a concealed carry license in order to transport firearms as long as they are unloaded and in an enclosed case, like what many hunters do each fall. We have a more thorough explanation of FOIDs and how to obtain them in this blog.

Concealed carry licenses are a little different. These allow you to legally carry a concealed handgun in public. In order to acquire a CCL in Illinois, you must be at least 21 years of age, pass a 16-hour training course and not have previous criminal convictions on your record that would render you ineligible for a license. Law enforcement also has the right to deny an application for a concealed carry license if they feel that the applicant is a threat to themselves or others.

School is back in session, and odds are you’ve seen those big yellow buses on your morning or afternoon commute. Buses are carrying some precious cargo, which is why Illinois penalizes drivers harshly for driving illegally around these vehicles. In fact, the state just recently increased the penalties for stop arm violations. Below, we take a closer look at how school bus stop arm violations are penalized in Illinois.

What Is A Stop Arm Violation?

As the name implies, a stop arm violation is a citation for illegally passing a school bus that has its flashing warning lights and stop arm engaged. More specifically, it is illegal for a driver to pass a school bus with its lights and stop arm engaged while it is stopped to pick up or discharge passengers. It doesn’t matter if it’s in a roadway or parking lot, if you’re caught passing a stopped school bus with its lights on and arm engaged, expect to be ticketed.

This applies to drivers heading in both directions. Even if the bus is headed in the opposite direction, you must stop so that occupants can discharge and cross the street, or for others to safely cross the street and board the bus if necessary. The only limitation here is if it is a 4-lane road (at least two lanes traveling in the opposite direction). In this instance, the vehicles traveling in either lane heading in the same direction as the bus must stop for a bus with it’s stop arm engaged, but drivers headed in the opposite direction on a 4-lane road can continue to proceed past the bus with caution.

Like many states, Illinois has a point system attached to speeding violations that acts as a way to help drivers understand how close they are to potentially losing their license for too many driving infractions. But how many points is a speeding citation worth, and how many points are you allowed to receive in a given period? We explore Illinois’ speeding ticket point system in today’s blog.

How Many Points Is My Speeding Ticket Worth?

Every speeding ticket in Illinois carries a minimum of a five point penalty, and the points increase as your speed over the posted limit increases. Here’s a look at how many points each speeding violation is worth:

• 1-10 MPH over the posted speed limit – 5 points
• 11-14 MPH over the posted speed limit – 15 points
• 15-25 MPH over the posted speed limit – 20 points
• 25+ MPH over the posted speed limit – 50 points

It’s also worth noting that speeding in a school zone or a construction zone is considered a 20-point violation, but those can be elevated based on how fast you were traveling over the posted speed limit.

Nobody likes to see the red and blue lights in their rearview mirror, but you can make a bad situation even worse if you decide not to pull over for an officer who has directed you to do so. Failing to pull over when directed is considered an attempt to flee or elude police, and depending on the circumstances, it can be a misdemeanor or felony offense. In today’s blog, we take a closer look at the crime of fleeing or eluding police in Illinois, and how you can defend yourself against the charges.

Fleeing and Eluding Police In Illinois

The crime of fleeing or eluding police is laid out in 625 ILCS 5/11-204, which states:

“Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer, is guilty of a Class A misdemeanor.”

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