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.

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.

But what factors need to be present in order for your misdemeanor DUI to be upgraded to aggravated DUI? Here’s a look at the factors:

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
• Child custody

Now, it’s also worth noting that just because you don’t see eye to eye on some asset division or custody matter, it doesn’t mean that you’re automatically headed for a contested divorce. An uncontested divorce is all about give and take and the ability to negotiate. If, however, you’re both dead set on getting full custody or taking the vacation home you purchased together, you may need to consider a contested divorce.

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.

Per the law here in Illinois, a defendant facing a second DUI charge cannot receive court supervision as part of their conviction, which isn’t considered a criminal conviction. This means that if you are found guilty, a criminal conviction will go on your official record, which will show up in background checks. This can affect your ability to get a job or retain employment in certain industries.

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.

The majority of people haven’t been in serious trouble with the law, so when something flukey occurs and they end up facing criminal charges, oftentimes they are unsure what they should do next. Some instances are best handled with a professional legal team at your side, while other cases you may be fine going it alone. While there’s no perfect system for determining your best options following an arrest, there are some factors to consider that can make your decision easier. In today’s blog, we look at some of the factors that can be used to determine whether you should consider hiring a lawyer to defend you in court.

Is A Lawyer Worth It?

When it comes to determining if you should hire a lawyer to assist with your case, don’t just consider the price of a lawyer. You need to consider the totality of the circumstances that you’re facing. Looking at the following factors can help you decide if you should have a defense lawyer by your side in court:

• Driver’s license loss – If you stand to lose your license upon conviction, it’s a good idea to consider a lawyer. Odds are you need your license in order to get to work, shuttle the kids around or just run errands, so losing this would be a major inconvenience and could negatively impact other areas of your life.
• Job loss – If the arrest threatens your employment, whether it be because you can’t reliably get to work without a license or if a conviction would be a fireable offense, you need to hire a lawyer. Your job is your income, and if that is threatened, you need a strong legal defense.
• Acceptance status – Some charges, most notably drug charges, affect a person’s ability to get their application approved, whether that be an application to rent a house, purchase a firearm or get into the college of their dreams. If you’re facing drug charges, felony charges or another charge that could result in denial of future application prospects, consult with professional legal help before trial.
• Mandatory jail time – Even misdemeanor charges carry potential jail sentences, but first offenders rarely get jail time in most instances. However, if you’re facing serious charges or this isn’t your first time facing these charges, they may carry mandatory jail time upon conviction. This speaks to the severity of the charges and suggests you’d benefit from legal counsel.
• If you’re confused or want help – A final reason to consider hiring a lawyer is if you feel lost or don’t know where to turn after an arrest. We offer a free case evaluation where you can sit down with a lawyer, go over your options and decide how you want to move forward. Sometimes that’s with a lawyer, and sometimes that’s on your own. You’ve got nothing to lose by learning more about your options and talking to a lawyer, so consider setting up that meeting today.

For more information, or to see if our firm would be a good fit for your case, contact Appelman Lawyers today.