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Wheaton Illinois Criminal Law Blog

DUI charge filed after motorcycle wreck

A recent late-night collision sent one man to the hospital and the other into police custody. Illinois police arrested the driver accused of causing the wreck on a DUI charge. Another vehicle suffered damage from flying debris, but no one inside was injured. 

The 45-year-old driver apparently lost control of his vehicle while traveling in the southbound lane of U.S. 51. He initially crossed the center yellow line, passed across the northbound side of the road and drove into a ditch. However, his vehicle struck a culvert, and he steered back onto the road and into the northbound lane again. 

Did you receive a citation for reckless driving?

You may not consider yourself someone who would commit a crime. However, most people commit minor offenses often without even thinking twice about them. You may not have considered whether you have broken the law in many instances while you have been behind the wheel of your vehicle, but it is possible that you have.

You may receive a wake-up call about your actions when a police officer pulls you over. He or she may state that you were driving recklessly, and you may find yourself surprised at the term. You may not think that you acted in a reckless manner, but you could still end up with a traffic citation or even a criminal charge depending on the circumstances.

Sleeping driver facing DUI charge

Illinois police recently arrested a man they claim fell asleep behind the wheel of his vehicle. In addition to a DUI charge, the driver is also facing charges for having an open container of alcohol in his vehicle and for improperly parking on a roadway. The driver apparently refused to submit to blood-alcohol level testing prior to his arrest. 

Police say they first noticed the car stopped in the road shortly after 2:30 a.m. The attending officer approached the vehicle and attempted to get the attention of its driver, but apparently had trouble doing so. After noticing a cup in the vehicle's center console holding what he believed to be beer, he physically shook the driver to wake him. There was also a passenger passed out in the vehicle; after the officer could not wake him, he was transported to an area hospital for medical treatment of an alcohol overdose. 

The license suspension and reinstatement process in Illinois

If you lost your driving privileges after a drunk driving arrest or conviction, you know just how important it is to get your license back. However, even if your license was only revoked for a specific period of time, it will not automatically be reinstated after that time has passed. When dealing with license suspension and reinstatement, you must follow the proper process in Illinois. 

When the period for your license revocation is up, you can usually begin the process of requesting reinstatement. You must also have completed any other court-mandated requirements you have, including taking traffic school courses and/or paying fines. After all of this is done, you can schedule a consultation with someone from the office of the secretary of state. This consultation will determine your eligibility for reinstatement. 

DUI defense may improve chances of a better future

Alcohol consumption often brings about changes in people's behavior. For some, it may result in a silliness that others may interpret as being the life of the party. Some who consume alcohol may become morose and sullen while others may react with a quick and violent temper. One common factor in all who consume alcohol is that it increases the likelihood that they will cause an accident when they get behind the wheel. Nevertheless, those facing charges of drunk driving are presumed innocent of the accusations and have the right to a strong DUI defense.

One Illinois man recently had two encounters with law enforcement. The first occurred in the afternoon following a traffic accident. Police responded to a crash involving three vehicles. No injuries were reported, but officers arrested the 41-year-old man and charged him with DUI. He was processed at the police station and released on bond.

Top 10 Illinois CDL Traffic Violation Tickets (2018).

After receiving an Illinois CDL traffic violations ticket, a CDL (Commercial Driver's License) holder may feel overwhelmed and shaken up by the event of a CDL disqualification. But it is critical for the CDL driver to seek legal help as soon as possible in order to avoid the risk of losing driving privileges and the future loss of income.

It is extremely important not to mail in payment and not to ask for traffic safety school for any serious moving ticket violation. It does not matter whether a CDL driver asks for Court Supervision - doing so only results in placing a conviction on the (MVR) motor vehicle record. Furthermore, arrangements will have to be made to take time off away from work in order to physically attend traffic school inside the county of the State where the traffic ticket was issued. Certain violations can increase insurance rates and result in a disqualification or suspension of CDL driving privileges.

Just because the police told you to mail in the ticket in order to save you a trip to the local courthouse does not mean you should avoid speaking to an Illinois traffic attorney. Two serious moving violations in any 36-month period will result in a CDL being suspended for a minimum of two months. See 625 ILCS 5/6-514(e).

Here is a top 10 list of Illinois CDL traffic violations judged to be convictions based on a finding of guilty against the CDL driver:

Some charged with drug crimes after fatal overdoses

Illinois law enforcement agencies, like most others across the country, are fighting an uphill battle against drugs in their communities. Unfortunately, authorities may overlook the fact that many involved in drug crimes need treatment for their addiction instead of incarceration for their offenses. One particularly disturbing criminal charge dating back to the 1980s holds responsible anyone who gives drugs to someone who then suffers a fatal overdose.

An 18-year-old man is currently facing drug-induced homicide charges after he allegedly purchased and shared heroin with his friend. When the friend overdosed in the basement of his parents' house, the man called 911, but emergency responders could not save his friend's life. Because the man had purchased the heroin used in the fatal overdose, police arrested him. This is not an isolated incident.

Do police have the right to search your vehicle?

As you sit on the shoulder of the road and watch in your rearview mirror as an Illinois police officer approaches your car, it is natural to feel nervous and anxious. Your hands may shake, and you may begin to sweat. You may even feel angry or insulted that a cop would pull you over, and this can cause you to act without thinking. Do you know what to do if the officer asks you to step out of the car? Do you know when police can search your vehicle without your permission?

From the moment police engage their flashing lights, your rights are in jeopardy. Officers may take advantage of the fact that few people really understand their rights during a traffic stop. Knowing how far police can go when they pull you over is critical to protecting your rights.

The difference between a suspended and a revoked license

Drivers in Illinois may understand the consequences of certain actions on the road. Driving while intoxicated, speeding, reckless driving and other violations can result in tickets, fines and even jail under some circumstances. However, another serious result of a traffic violation is the risk of losing one's driving privileges, either temporarily or permanently. Understanding the difference between a suspended and a revoked license is the first step to avoiding this hardship.

License suspension is a temporary loss of driving privileges. You may have a definite date when you can begin the process of reinstating your license, or it may depend on other factors, such as getting caught up on late child support payments. License suspension typically occurs after a driver accumulates too many points for speeding and other violations, although a suspension can take place immediately after a DUI conviction.

Driver charged with drug crimes after wreck

An Illinois man is facing criminal charges after he crashed his vehicle and allegedly hid illegal substances while waiting for police to arrive. He is currently accused of committing drug crimes among other charges, including armed violence and possessing a stolen firearm. Police say that eyewitness reports helped them uncover the hidden items that led to these charges.

In early June 2017, a 19-year-old man crashed his car at an intersection. Although the exact nature of the collision is not clear, it appears to have been a single-vehicle wreck in which the driver was not hurt. However, the collision left his vehicle disabled and stuck on a median.

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Jeremy M. Wang Law
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Wheaton, IL 60187

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