Illinois summary suspension for failing or refusing the breathalyzer

June 25, 2012
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There is something inherently unfair about it law that allows a police officer to suspend a person’s driver’s license for DUI before he is found guilty. But this is the law in Illinois. A police officer can suspend a person’s license for failing or refusing chemical testing. Illinois courts recognize a concept called implied consent. […]

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The rule of strict liability in traffic court

June 24, 2012
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One of the most important rules in criminal cases is that court cannot convict a person of a crime unless the prosecution has proven that the defendant had the requisite mental state. The prosecution must prove that the defendant intended to commit a crime. The Illinois constitution prohibits the prosecution from convicting a person of […]

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Speeding 40 mph over the limit in Illinois: Class A misdemeanor

May 31, 2012
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The state of Illinois has some of the toughest traffic laws in the country. A person who drives 40 miles per hour over the posted speed limit can be arrested, charged with a crime, and even put in jail. 625 ILCS 5/11-601.5(b). Speeding 40 mph over the limit, years ago, was called aggravated speeding. If […]

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Illinois DUI laws explained

May 29, 2012
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Driving under the influence is a criminal offense in Illinois. The first offense is generally a Class A misdemeanor. Under very rare circumstances, a first offense can be a felony. The statute for DUI is found in the vehicle code at 625 ILCS 5/11-501. Most cases are charged under 11-501(a)(1) for having an alcohol concentration […]

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Illinois laws against driving a commercial motor vehicle without a CDL

May 6, 2012
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Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL. The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The […]

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Failure to pull to the right for emergency vehicles in Illinois

May 3, 2012
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A ticket for failure to yield to an emergency vehicle is a moving violation. As such, it has the potential to result in a suspended license. The statute that governs these cases is 625 ILCS 5/11-907. The law says that on the approach of an authorized emergency vehicle making use of audible and visual signals […]

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Speeding 31 mph over the limit now a misdemeanor in Illinois

May 2, 2012
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The state legislature added an important statute to the vehicle code in 2011. In response to a Chicago Tribune article that exposed how Cook County traffic court judges were going easy on speeders, Springfield lawmakers made it a crime to speed in excess of 30 mph over the limit. The problem with the new law […]

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Driving while license suspended: more serious than a ticket

March 16, 2012
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As an attorney I cannot count the number of times clients say to me, “I did not get arrested for driving while suspended. I just got a ticket.” Many people are misinformed. The law in Illinois says that a person does not have to be handcuffed in order to be, in legal terms, arrested. A […]

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New law in legislature would ban talking on cell phones while driving in Illinois

February 29, 2012
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The Illinois legislature is currently debating a bill that would prohibit the use of cell phones while operating a motor vehicle. At the present time, nine states in the country have already banned cell phone use while driving. However, hands free cell phone use is still legal in all those nine states. It is expected […]

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Suspended license and revoked license: reinstatement procedures

February 23, 2012
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Basically, the Illinois state government enforces the rules of the road in two ways: first, the police ticket drivers who violate the vehicle code, and the court can impose penalties such as fines and even jail time for criminal offenses. Second, the Secretary of State can impose sanctions on a person’s driving privileges as a […]

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