Tag Archives: aggravated dui

WHEN DOES A TRAFFIC ACCIDENT BECOME A CRIME?

Contrary to what you may have seen on TV, running a stoplight that results in a traffic death is not automatically a criminal offense.  Of course, the death is a terrible tragedy, and you may be sued in civil court … Continue reading

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WHAT IS AGGRAVATED DUI UNDER ILLINOIS LAW?

In Illinois, DUI is defined as driving or having actual physical control of a vehicle while under the influence of alcohol or another drug.  DUI can be upgraded to an aggravated offense, which increases the penalties, for the following reasons: … Continue reading

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THE ACCIDENT WASN’T MY FAULT. CAN I STILL BE CONVICTED OF AGGRAVATED DUI?

You were driving home late one night after partying at a friends, when a car suddenly pulled out of an alley. You could not avoid collision and the other driver was severely injured. The state has now charged you with … Continue reading

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THE ILLINOIS HABITUAL CRIMINAL STATUTE AND DUI

Clients often want to get their DUI cases over with quickly. Sometimes, the evidence is so overwhelming that a swift guilty plea to a lesser charge is actually in the client’s best interest. But many times, pleading guilty to a … Continue reading

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CAN I BE DEPORTED FOR DUI?

The answer is probably no for simple DUI, but possibly yes for aggravated DUI. In short, the answer may depend on whether your DUI could be considered a crime of moral turpitude. In Marmolejo-Campos v. Holder, the court stated that … Continue reading

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DRIVING ON A REVOKED/SUSPENDED LICENSE CAN LEAD TO STIFFER DUI PENALTIES

A recent Illinois appellate case underscores the proposition that if your license is revoked or suspended, it’s revoked or suspended until the Secretary of State says it’s not. If you lose your license because of DUI, you cannot drive until … Continue reading

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NEW ILLINOIS LAW EXPANDS DRIVING PERMITS FOR AGGRAVATED DUI OFFENDERS

A change to Illinois law allows a driver who has one Aggravated DUI conviction involving great bodily injury to apply for a restricted driving permit. The restricted permit would let you drive when using a breath alcohol ignition interlock device … Continue reading

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PROPOSED ILLINOIS LAW TAKES MARIJUANA OUT OF THE DUI TRACE LAW

A proposed Illinois law would resolve some of the conflict between liberalized marijuana laws and their impact on DUI. Under a current Illinois law, known as the “trace law,” you may be convicted of DUI if you have any unlawful … Continue reading

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NEW ILLINOIS MARIJUANA LAWS DO NOT CHANGE THE DUI TRACE LAW: YOU STILL CAN’T DRIVE WITH MARIJUANA IN YOUR SYSTEM

Medical marijuana is now allowed in Illinois under certain restrictions. So what does that mean if you are charged with DUI after taking that joint? Unfortunately, the penalties for driving and smoking without a prescription can still be severe, even … Continue reading

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ILLINOIS SUPREME COURT CASE TOUGHENS DRIVING WHILE UNDER THE INFLUENCE OF DRUGS

You enjoy smoking pot, but you don’t do it often. About a week after your last toke, you missed a red light and plowed into an oncoming car. The other driver was killed and you were taken to the hospital. … Continue reading

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