driving under the influence

Accident resulting in personal injury or death with a suspended license: felony

January 9, 2014
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The Illinois legislature changed a section in the Vehicle Code in 2014, establishing severe penalties for driving with a suspended or revoked license. Driving while license suspended, 625 ILCS 5/6-303(a), is in most situations a Class A misdemeanor. The maximum penalty for such an offense is up to one year in jail (364 days). But […]

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Article 36 seizure: forfeiture process for vehicles used in the commission of an offense

September 26, 2013
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Drive a vehicle illegally on Illinois roads, and you might not take the vehicle home with you. An obscure law in this state allows the police to seize the vehicle and sell it. And in situations where someone other than the owner was driving, those vehicles can be seized and sold over the owner’s objection. […]

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Lower the legal limit to 0.05: NTSB recommends Illinois and other states follow suit

May 14, 2013
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In an historic vote, the National Transportation Safety Board recommended today that all 50 states lower the legal limit from 0.08 to 0.05 for driving under the influence. At the present time, all 50 states have a limit for the alcohol concentration in any person’s blood or breath of 0.08. Anyone who operates a motor […]

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New law proposed to allow police to tow and impound vehicle for driving without insurance

March 17, 2013
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Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance. Proposed by Representative Joe Sosnowski, R-Rockford, the bill would amend 625 ILCS 5/4-203. This is the statute that authorizes law enforcement to tow and impound vehicles abandoned on […]

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DUI and the police officer’s opinion under 11-501(a)(1) and (2)

July 9, 2012
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Driving under the influence is one of the very few crimes in which the defendant’s guilt or innocence depends almost completely on another person’s opinion. It is a troubling proposition that a court of law could impose a judgment on someone based on another’s subjective thoughts. But that is exactly what Illinois courts do for […]

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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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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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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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Grounds for disqualification of Illinois commercial driver’s licenses

February 11, 2012
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The Secretary of State can take away a commercial driver’s license for traffic violations. While a driver’s license can be suspended or revoked, a CDL is cancelled. A person whose CDL is cancelled usually can still drive a non-commercial motor vehicle. The fact that a CDL is cancelled does not automatically take away that person’s […]

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