Illinois Vehicle Code

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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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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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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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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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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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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