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St. Charles drunk driving defense lawyer

In Illinois, if you are convicted of driving under the influence of drugs or alcohol, your driver’s license can be suspended or revoked. However, there are several driving relief programs available to DUI offenders that can help them regain their driving privileges. A qualifying offender may be able to obtain a Monitoring Device Driving Permit (MDDP) or Restricted Driving Permit (RDP) by meeting certain criteria and agreeing to install a monitoring device in their vehicle. These devices, called Breath Alcohol Ignition Interlock Devices or BAIIDs, require the driver to submit a breath test in order to operate the vehicle. Here are some frequently asked questions Illinois drivers have about these devices:

How Do I Use a Breath Ignition Interlock Device?

Similar to a breathalyzer, a BAIID uses a person’s breath to estimate his or her blood alcohol content (BAC). If you have a BAIID installed in your car, you will need to breathe into the machine in order to start the vehicle. The device will then calculate your BAC. If your BAC is above the allowable limit, the vehicle will be “locked out,” and the ignition will be unusable for a period of time. You will need to submit additional breath samples every 5 to 45 minutes during your drive.

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Posted in DUI | Tagged BAIID dui DUI charges ignition interlock device Illinois criminal defense lawyer

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St. Charles crimes defense attorney

Being arrested and charged with a crime can be a shocking and overwhelming experience. In some cases, a person can be falsely accused of an offense. It is important to know that individuals accused of a crime are protected by the United States Constitution as well as other statutes. It is critically important for anyone who is facing criminal charges to remember that he or she is entitled to certain rights as a criminal defendant, in addition to being innocent until proven guilty. When a defendant’s rights are violated, it can dramatically affect the outcome of any future criminal proceedings.

Your Right to Remain Silent

If you have ever watched a true crime television show or movie, you probably heard the phrase, “You have the right to remain silent.” This right is specifically stated in the Miranda Warning, a list of notifications typically given by police to a criminal suspect upon arrest. The right to remain silent is protected by the Fifth Amendment to the U.S Constitution. The Constitution states that a criminal defendant cannot be “compelled in any criminal case to be a witness against himself.” Put another way, you cannot be forced to incriminate yourself. If you are arrested and taken into police custody, calmly tell police officers that you are utilizing your right to remain silent and then say nothing. Do not consent to any police questioning or interrogations until you have a lawyer present. Choosing to remain silent will ensure that you do not say anything that can be used against you in any resulting criminal proceedings. It also helps ensure that you are not tricked into saying something you do not mean during a stressful interrogation.

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Posted in Criminal Defense | Tagged criminal charges criminal defendant criminal defense Illinois criminal charges St. Charles criminal defense attorney

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St. Charles drunk driving defense lawyer

As in every other U.S. state, it is against the law to drive while drunk in Illinois. If a motorist is caught driving with a blood alcohol content (BAC) of 0.08 percent or higher, he or she can be charged with driving under the influence (DUI) and is subject to criminal penalties. Many DUI charges arise after a police officer administers a chemical breath test to determine a driver’s BAC. An officer cannot physically force someone to take a breath test, so technically the driver has the right to refuse this test. However, refusing to submit to chemical BAC testing can result in significant penalties.

Illinois' Implied Consent Law

If a police officer notices a motorist who is driving erratically, drifting between lanes, or otherwise appears intoxicated, he or she has probable cause to pull that driver over. If the driver shows indications of impairment such as slurred speech, red eyes, or the smell of alcohol, the officer may arrest the driver on suspicion of DUI. In order to determine how intoxicated the driver is, the officer may ask him or her to submit to a breathalyzer test or field sobriety tests. If the officer believes that the driver is under the influence, he or she will arrest the driver, and at the police station, the driver will be asked to submit to a chemical blood alcohol test of his or her blood, breath, or urine. Illinois’ implied consent law states that anyone who is in “actual physical control” of a vehicle has given consent to chemical BAC testing.

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Posted in DUI | Tagged breathalyzer DUI arrest DUI in Illinois implied consent St. Charles criminal defense attorney

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St. Charles child pornography defense lawyer

The laws in Illinois are strict when it comes to the safety and privacy of children. There are several violations that can have serious consequences, and even just possessing child pornography can result in criminal charges. A child pornography conviction and registration as a sex offender can change a person’s life forever. In addition to facing jail time and fines, he or she may also be barred from being near any child, school, playground, or other locations in which children are present.

The Impact of a Child Pornography Conviction

Illinois law defines child pornography as any photo or video that depicts a person -- boy or girl -- under the age of 18 years performing any sexual activity. The law also includes photos or videos of exposed or naked minors.

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Posted in Child Pornography | Tagged child pornography child pornography charges child pornography possession Illinois criminal charges St. Charles criminal defense attorney

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Illinois school zone traffic violation attorney

With the school term in full swing, it is important for drivers to be aware of certain school zones located along their routes. Illinois has a law against speeding in school zones, and offenders may be penalized for traffic violations, including facing fines and possible jail time. It is imperative for drivers to be aware of the specific speed limits when driving near schools in order to avoid a traffic ticket or an accident.

Illinois Law Against Speeding in a School Zone

The state of Illinois mandates that school districts clearly mark where their school zones start and stop with the use of street signs and markings on the road. Often, schools also utilize a crossing guard to stop traffic for students who are crossing the road.

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Posted in Traffic Violations | Tagged Illinois traffic laws Naperville traffic violation defense lawyers school zone traffic violation speeding speeding offenses

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