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illinois dui defense lawyerGetting one DUI can be bad enough. Even a single DUI in Illinois can result in serious penalties and a long license suspension depending on the circumstances. However, there are sometimes opportunities to mitigate the seriousness of the matter. A second DUI is much more serious, and you will be less likely to see leniency. Courts may be understanding of a one-time mistake, but when that same mistake is repeated, the penalties can be much more severe. It will be particularly important to make sure you are represented by strong legal counsel to give you the best chances of avoiding serious jail time and other harsh penalties. 

What Are the Penalties for a Second DUI in Illinois?

A second DUI without certain aggravating circumstances is still a misdemeanor, meaning you could be sent to jail for up to a year. You could also be ordered to pay up to a $2,500 fine, in addition to court costs. Unlike with a first DUI, you may not be eligible for a period of probation or other court supervision instead of more traditional sentencing. It is likely that jail time will be in your future if you are convicted of a second DUI - the minimum sentence is five days. If you are able to get community service ordered in lieu of jail time, expect to perform 240 hours of service. 

Additionally, your license will be revoked upon conviction. The minimum revocation period is a year, but it could be much longer depending on the circumstances. Driver’s license reinstatement does not happen automatically. You will need to undergo a hearing before the Secretary of State’s office and convince them that you can be trusted to drive sober before you can regain driving privilages. 

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cook county cdl violations lawyerLosing a CDL would be a nightmare for a lot of people who make their living in the trucking and transportation industries. Without that license, professional truck drivers cannot work. Fortunately, complete revocation of a CDL is really only done in cases of severe misconduct, where allowing that individual to keep driving trucks would endanger the public. If you are accused of a serious CDL violation that puts your license at risk, you will want to work with an experienced attorney to give you the best odds of keeping your license when all is said and done. 

Which Violations Could I Lose My CDL Over? 

Minor violations and even minor accidents are unlikely to cost you your CDL, unless they happen quite frequently. More severe violations that create a risk to public safety, however, could get your CDL taken away. Serious violations punishable by CDL revocation include: 

  • Driving intoxicated - Large trucks create a much higher level of danger than smaller vehicles do when they are driven by an impaired person. A first incident will typically result in a suspension of about a year, but a repeat incident is likely to lead to revocation. 

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Can I Go to Jail for Speeding?

Posted on in Criminal Defense

criminal defense lawyerIn Illinois, you could be sentenced to up to a year in jail for speeding - if you were going fast enough. Any speed more than 25 miles per hour over the speed limit is a criminal offense known as “aggravated speeding.” This offense is much more serious than a normal speeding ticket. While a speeding ticket can more or less be paid and forgotten about, an aggravated speeding charge typically requires you to appear in court and could carry much heftier fines - or jail time. If you are facing aggravated speeding charges, retaining an experienced traffic attorney should be a high priority. 

What Are the Penalties for Aggravated Speeding? 

This depends on exactly how fast you were going. Aggravated speeding is a Class A misdemeanor if you were going 35 miles per hour or more over the speed limit. It is a Class B misdemeanor if you were going at least 26, but not more than 34 miles per hour over the speed limit. The Class A misdemeanor charge carries up to a year in jail and a $2,500 fine. The Class B version carries up to six months in jail and a $1,500 fine. Clearly, Illinois takes aggravated speeding charges very seriously - and so should you. 

Depending on your pre-existing criminal history, you may also be at risk of losing your driver’s license, especially if you have prior traffic-related convictions such as driving under the influence (DUI). 

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Kane County speeding defense lawyerSeveral months ago, Chicago Mayor Lori Lightfoot ordered that the threshold for speed cameras placed around the city be dropped from 10 mph to 6 mph. Although it may seem like a small amount, that difference has resulted in a significant increase in the number of speeding tickets issued. This may be resulting in a nice financial windfall for the city, but for drivers, it has turned into quite an expensive headache, with some drivers receiving multiple speeding citations from the same camera, often within days of each other.

Chicago Speed Cameras

According to public records, there are 162 speed cameras located throughout the city. These cameras have been placed in 69 different safety zones that are within an eighth of a mile of a school or park. Fines for violations changed in March, when the city lowered the speed threshold. If a driver is speeding between 6 to 10 mph over the posted speed limit, they will be fined $35. If the driver is traveling over 10 mph, they will be fined $100.

In the first four months of the change, the city issued more than one million tickets. This was more than double the amount of tickets issued during the same time period in 2020.

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Kane County dui defense lawyerDriving under the influence of alcohol or drugs is illegal in all 50 states. However, the penalties of a drunk driving conviction vary from state to state. In Illinois, the consequences for driving under the influence (DUI) depend on several factors, including whether the person has previously been charged with drunk driving and whether certain aggravating factors were present. In some DUI cases, the defendant may be able to plead guilty to a lesser offense nicknamed “wet reckless” to reduce the penalties he or she faces. If you or a loved one have been charged with DUI in Illinois, it is important to carefully consider your options before making a decision about a plea deal.

Penalties for Driving Under the Influence in Illinois

If a driver is arrested for driving under the influence and refuses to take a breath test or fails a breath test in Illinois, he or she is subject to an immediate driver’s license suspension. This suspension makes it illegal for the person to drive any vehicle. If the person is convicted of DUI and no aggravating circumstances are present, his or her driving privileges are revoked for one year. A first-time DUI is punishable by fines up to $2,500, and up to one year in jail, however, many first-time offenders can secure court supervision in lieu of jail time. If the driver had a blood alcohol content of 0.16 or more, was transporting a child under 16, or caused a crash resulting in serious injury or death, the penalties are much harsher. Some DUIs are classified as felonies.

Reckless Driving Penalties Compared to DUI Penalties

The term “wet reckless” is often used to describe charges for reckless driving involving alcohol. First-time DUI and reckless driving are Class A misdemeanor offenses in Illinois. However, the penalties associated with these offenses differ. Unlike DUI, a conviction for reckless driving does not result in a one-year driver’s license revocation. Furthermore, a person who has been convicted of DUI and is under court supervision may face significant penalties if he or she is arrested for a subsequent DUI during the probation period. This is not true of reckless driving.

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