Class A misdemeanor

New law allows illegal immigrants to get drivers licenses in Illinois: approval pending

November 22, 2012
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Lawmakers in Springfield are drafting legislation that would provide a way for illegal immigrants to get driver’s licenses. The bill has not been introduced in the General Assembly, but legislators expect to make the proposal soon. This is not the first time our state lawmakers have tried to legalize undocumented aliens on the road. A […]

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Fleeing or attempting to elude a peace officer: sentencing and driver’s license issues

November 9, 2012
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If a police officer tries to pull you over with his siren or flashing lights and you choose to drive away, you could be charged with a serious crime. The law in Illinois says that fleeing or attempting to elude a peace officer is a Class A misdemeanor. You could go to jail for up […]

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Reckless driving in Illinois: the law and penalties

June 26, 2012
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A traffic ticket for reckless driving in Illinois can cause serious problems. First, the police officer can decide to, rather than ticket the offender, make an arrest and take the driver into custody. If this happens, the police officer will have the vehicle towed. The driver will have to pay a fee to get it […]

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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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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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Driving without a valid license: a summary of the consequences

February 17, 2012
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If you were pulled over by a police officer and given a ticket for driving without a valid license, you are looking at some serious problems. Contrary to what many people believe, getting a ticket for driving without a valid license, 625 ILCS 5/6-101, is the same as getting arrested. Legally speaking, the fact that […]

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New Illinois law on expunging traffic tickets

February 16, 2012
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Expungement is the process in which a person who was charged with a crime but cleared of any wrongdoing can go to court and request that the court erase the record of the case. The person can file a petition to expunge and then go before a judge for a hearing. If the prosecutor does […]

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