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Recent Blog Posts
The Most Common Traffic Violations In Illinois
Millions of people drive to work, school or just run some errands in Illinois each and every day, but for a small percentage of those drivers, their day involves being stopped by a police officer for a traffic infraction. But which driving laws are Illinois residents breaking most frequently, and how can you best defend yourself against one of these traffic charges? We answer those questions and more in today’s blog.
Most Common Driving Infractions
You can probably guess some of the infractions that make the list, but here’s a look at 10 of the most common traffic infractions in Illinois:
- Speeding
- Failure to Stop
- Failure to Provide Proof of Insurance
- Failure to Signal
- Not Wearing a Seat Belt
- Violation of the Hands-Free Phone Law
- Reckless Driving
- Failure to Maintain Lane
- Driving Without a License or Registration
- Drunk Driving
If you are issued a citation for any of the above actions, your ticket will include the following information – the nature of the charge, the date and time of the incident, the location of the violation and the statute or ordinance you are accused of violating. The officer will ask you to sign the ticket, and you should do so. Signing the citation is not an admission of guilt. Your signature constitutes an agreement to either contest the citation in court or comply with the terms of the ticket. Failing to sign can lead to additional penalties.
Common Halloween Crimes And How To Stay Safe
Halloween is coming up quickly, and while it can be an enjoyable night for the whole family, it also provides an opportunity for mischief and crime. Police know this and will be out in full force, so we thought we’d take this chance to share some tips so you can avoid some legal trouble this Halloween. Below, we take a closer look at some common Halloween crimes and how you can avoid legal problems this Halloween.
Common Halloween Crimes In Illinois
Here’s a look at some of the more common crimes we get calls about in the days after an arrest on Halloween.
- DUI – Halloween falls on a Thursday this year, so we don’t expect as many DUI calls this year as we will in 2020 when it falls on a Saturday, but many people still head out to the bars or to a party and overindulge on spirits. Police know that there will be more drunk drivers on the road compared to a normal night, and when you factor in small children walking around neighborhoods, you can bet that police will be out in full force looking to keep communities safe. They’ve conducted extra DUI enforcement patrols in the past, and we expect them to do the same again this year, so make smart decisions if you’re going to drink on Halloween.
What You Need To Know About Annulments In Illinois
A divorce is the most common way for two individuals to end their marriage, but it’s not the only way. Individuals unsatisfied with their marriage can also petition for what’s known as an annulment. The key difference between the two is that in a divorce, the state views the parties as having separated after marriage, while in an annulment, the state views the marriage as invalid and as if it never happened in the first place. One process is the legal ending of a valid marriage, and the other is the legal ending of what the parties hope to get declared an invalid marriage.
However, when it comes to an annulment, there are some more factors that need to be present and timelines that need to be met in order for the marriage to be declared invalid. We explore those factors and timelines in today’s blog.
Getting An Annulment in Illinois
Many individuals seek an annulment because of how their religion views divorce, but ultimately it doesn’t matter why you’re seeking an annulment as long as you meet the requirements for pursuing an annulment. You can file for divorce for something as general as irreconcilable differences, but for an annulment, you need to prove that one of these four reasons exist in your marriage. The four grounds for annulment in Illinois are:
Contesting Texting While Driving Citations in Illinois
Illinois has some of the harshest laws in the country when it comes to texting and driving. Texting and driving citations are considered moving violations in Illinois, and if you get three or more moving violations in a year, you can actually lose your driver’s license. The fines also add up quickly, as the base fine for a first offense citation is $75 and easily hits triple digits when court fees are added. There’s also the possibility that the citation could affect your insurance rates.
When you consider all that you have to lose and that it’s often difficult for the prosecution to prove that you were using your phone behind the wheel, it should come as no surprise that more people are challenging the tickets in traffic court than ever before. Below, we explain how to put yourself in the best position to contest a citation for texting and driving in Illinois
Helping Your Case
The main evidence against you is going to be the observations of the officer who wrote your citation, but police also hope that you provide them with evidence during your interaction with law enforcement. You might try to get out of a ticket by saying you were only checking your phone to see the time or you were just putting it on speaker phone, but these aren’t going to fly with the officer. In fact, these statements will serve to hurt you if you’re going to contest your case. That’s statements are essentially admissions of guilt that you were in fact using your phone while driving, which is in violation of the law.
Why You Need A Lawyer If Your Child Is Facing Criminal Charges In Illinois
We all make mistakes in our youth, but some mistakes can have longer consequences than others. However, a lot of teens and their parents don’t fully understand the true consequences of certain actions until it’s too late. We understand that you are going to be angry and frustrated with your child if they end up in handcuffs, but we can’t stress enough how important it is that you collectively make smart choices in the wake of an arrest or citation. Failing to do so can have lifelong consequences.
There’s no perfect playbook for how to handle the days and weeks after your child has been arrested, but there’s one thing every family should do, and that’s talk to a lawyer. Even if you don’t end up hiring the lawyer to defend your case, you’ll walk out of that meeting with a clearer idea of what your child is facing and how to best go about fighting back against the charges. You probably don’t need a lawyer for a misdemeanor speeding ticket or for a curfew violation, but if they were caught going over 100 miles per hour, found to be vandalizing school property or were accused of sexual assault, you absolutely need a lawyer.
Hit and Run Defenses In Illinois
When you think of a hit and run crime, you probably think of a driver who causes a major accident and then quickly flees the scene to escape taking responsibility. While this does happen, most hit and run cases are much more innocuous, but that doesn’t mean the criminal charges are any less severe. In today’s blog, we take a closer look at hit and run charges in Illinois, and we explain how we help defend clients against these charges.
Hit And Run Charges In Illinois
Illinois law states that individuals involved in an automobile accident must stop their vehicle and render assistance to a reasonable extent. What’s “reasonable” is open to interpretation, but drivers are also required to exchange contact and insurance information. If you fail to do this, and the other party wants to file a claim, you can be charged with a hit and run.
This happens more than you might imagine in Illinois. We actually rank fourth in the nation in terms of individuals with a prior hit and run violation (we’re twice the national average). Many of those individuals aren’t involved in the types of accidents we described above, either. They are much more likely to tap a bumper while parallel parking or unknowingly clip a side mirror while leaving the grocery store. If someone witnesses these actions, or they are caught by a surveillance camera, you can be charged with leaving the scene of an accident. The consequences of a hit and run conviction are often much more severe than had you stayed around, reported the accident and filed a claim with insurance.
What Is An Aggravated DUI Charge in Illinois?
Depending on the circumstances surrounding your DUI arrest, there’s a chance that you’ll face the upgraded charge of aggravated DUI. But what factors have to be present for you to be charged with aggravated DUI, and what are the potential penalties for the crime? We answer those questions and explain why you should always consider hiring a lawyer if you’ve been charged with aggravated DUI in Illinois.
Factors That Contribute To Aggravated DUI In Illinois
A standard first offense DUI in Illinois is typically classified as a Class A misdemeanor, which carries the potential of a modest fine and up to a year in jail, although penalties usually aren’t all that severe. However, certain factors can lead to an upgraded aggravated DUI charge, which is a felony-level offense. If a person is convicted of aggravated DUI, the judge is legally required to sentence them to a minimum of 10 days in jail or 480 hours of community service, and sometimes sentences are months or even years long.
Contested vs. Uncontested Divorce in Illinois
If the honeymoon phase is both literally and figuratively over in your marriage, you and your partner may decide that it is in both of your best interests to get a divorce. In Illinois, there are two different types of divorce – contested and uncontested. Even if you both agree that you want a divorce, that doesn’t necessarily mean that you’ll have an uncontested divorce, so to better help you understand divorce in Illinois, we break down both options in today’s blog.
Uncontested Divorce
An uncontested divorce is the simpler form of the two divorces, but even if you both agree that you want a quick and easy divorce, it doesn’t mean you’re automatically guaranteed an uncontested divorce. Both parties need to agree that they want a divorce in order to pursue an uncontested divorce, but they also need to come to agreement on many other items, including but not limited to:
- Property and asset division
- Spousal support
- Child support
Second DUI In Illinois – Why You Should Get A Lawyer
We take a lot of phone calls from prospective clients who say they have been charged with DUI, but later in the conversation they mention that this is the second time they’ve been charged with drunk driving. This is a huge factor in the case, and many times clients don’t realize the gravity of a second DUI charge in Illinois. Our state handles these charges a little different than others, which is why it’s almost always in your best interest to hire a lawyer if you’re facing a second DUI charge. We explain why it’s so important in today’s blog.
Second DUI Charge In Illinois
As we mentioned in the intro, Illinois handles subsequent DUI charges a little different than most states. In Illinois, there is no time limitation in which a previous DUI drops off your record. For example, some states only consider it a second DUI if you were convicted of DUI within 10 years of your second arrest. That’s not the case in Illinois. If you got a DUI at 22 years old and you just got picked up for DUI at age 55, this will be considered your second DUI, and you’re going to face stiffer punishments than you did after your first conviction.
Contesting A Smoking In A Car With Kids Ticket In Illinois
Just last week, Illinois passed House Bill 2276, which makes it illegal for adults to smoke cigarettes or similar products in a vehicle if children are present.
The exact wording of the bill states that “a personal shall not smoke in a motor vehicle containing a person under 18 years of age, regardless of whether the vehicle is in motion, at rest, or has its windows down,” and it goes on to define smoking as “inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.”
The new law went into effect immediately, and a first violation is considered a petty offense with fines not to exceed $100. A subsequent offense involves a fine that is not to exceed $250.
One of the key notes with the new law is that it is not considered to be a primary offense, meaning a police officer cannot pull you over simply because they suspect that you are smoking in a vehicle with children present. They must spot another moving violation in order to pull you over to determine if you are indeed in violation of the new law.
From our office in Naperville, Illinois, we serve clients throughout DuPage County, Kane County, Kendall County, Cook County, and Will County, including Wheaton, Aurora, Downers Grove, Lisle, Aurora, Elgin, St. Charles, Geneva, Batavia, Yorkville, Ottawa, and Plainfield.
Results listed are not a guarantee or indication of future case results.
50 S. Main St., Suite 200, Naperville, IL 60540
630-717-7801
