Category Archives: Uncategorized

AGGRAVATED DUI WITHOUT A DRIVER’S LICENSE

In Illinois, a simple DUI can become an aggravated offense if your license is not in order.  There are two ways that this can happen: Your license was revoked or suspended because you have a prior DUI, reckless homicide or … Continue reading →

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WHAT IS ENDANGERING A CHILD IN ILLINOIS?

You left your child in the car on a relatively hot day while you went to the store.  It took a long time to check out at the counter.  Nonetheless, you were surprised to find the police waiting at your … Continue reading →

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CAN POLICE SEARCH MY CAR WITHOUT A WARRANT?

The answer is they can if the search falls under the “automobile exception” to the warrant requirement. Because a driver could easily take off  before police have time to get a warrant, police are allowed to search your car if … Continue reading →

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WHAT IS DRIVING UNDER ILLINOIS DUI LAW?

To be convicted of DUI, the state must prove beyond a reasonable doubt that you were: 1) driving while 2) under the influence.  But it may surprise you to know that sleeping in your car can fall under the definition … Continue reading →

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HOW SPEEDING CAN LEAD TO BIGGER TROUBLE

Legally, a police officer cannot pull you over  without justification. This can come in the form of community caretaking, such as when the officer sees you sleeping in your car and checks to see if you are OK. Otherwise, the … Continue reading →

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WHAT IS THE CRIME OF STREET RACING IN ILLINOIS?

The scene comes at the end of the movie American Graffiti.  Two cars racing side by side, one driven by Harrison Ford with Cindy Williams as passenger.  Harrison’s car loses control, flips over and sets on fire.  Luckily, no one … Continue reading →

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DO I NEED TO COME TO COURT FOR A TRAFFIC TICKET?

You were driving home from work when you got nailed for speeding. Or maybe you simply blew a stop sign or failed to signal. You wish to contest the ticket, but the court date is set for a time when … Continue reading →

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WHAT IS BATTERY ON A PUBLIC WAY?

In Illinois, a battery can become an aggravated offense if you knowingly commit battery  on a public way.  See  720 ILCS 5/12-3.05(c). To convict you, the state must prove that you knowingly, without legal justification caused bodily harm to or … Continue reading →

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WHAT TO EXPECT ON A SECOND DUI

You swore you’d never drink and drive again, but you did it anyway and now you have a second DUI. What can happen to you? What can you do? As you might expect, the penalties are greater for a second  … Continue reading →

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CAN I BE CHARGED WITH DUI IF I HAVE A MEDICAL CANNABIS CARD?

  The answer is yes.  But your cannabis card makes a difference as to what the state must prove. As of January 1, 2020, you may legally consume certain amounts of cannabis if you are over age 21. If you … Continue reading →

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