The Illinois State Police and local police departments across the state begin a statewide crackdown on drunk driving on the July 4th holiday. The crackdown takes place every year under the Drive Sober or Get Pulled Over and Click It or Ticket programs. The mechanism for increased DUI enforcement is the roadblock. Police officers may […]
The Alliance Against Intoxicated Motorists (AAIM) has released the results of its 2011 survey of police departments across the state concerning DUI. The non-profit advocacy group takes a survey each year of all police departments and uses the information to compile statistics about arrests by each department, county, etc. The police departments’ participation in the […]
A traffic ticket for reckless driving in Illinois can cause serious problems. First, the police officer can decide to, rather than ticket the offender, make an arrest and take the driver into custody. If this happens, the police officer will have the vehicle towed. The driver will have to pay a fee to get it […]
There is something inherently unfair about it law that allows a police officer to suspend a person’s driver’s license for DUI before he is found guilty. But this is the law in Illinois. A police officer can suspend a person’s license for failing or refusing chemical testing. Illinois courts recognize a concept called implied consent. […]
One of the most important rules in criminal cases is that court cannot convict a person of a crime unless the prosecution has proven that the defendant had the requisite mental state. The prosecution must prove that the defendant intended to commit a crime. The Illinois constitution prohibits the prosecution from convicting a person of […]
The state of Illinois has some of the toughest traffic laws in the country. A person who drives 40 miles per hour over the posted speed limit can be arrested, charged with a crime, and even put in jail. 625 ILCS 5/11-601.5(b). Speeding 40 mph over the limit, years ago, was called aggravated speeding. If […]
Driving under the influence is a criminal offense in Illinois. The first offense is generally a Class A misdemeanor. Under very rare circumstances, a first offense can be a felony. The statute for DUI is found in the vehicle code at 625 ILCS 5/11-501. Most cases are charged under 11-501(a)(1) for having an alcohol concentration […]
Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL. The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The […]
A ticket for failure to yield to an emergency vehicle is a moving violation. As such, it has the potential to result in a suspended license. The statute that governs these cases is 625 ILCS 5/11-907. The law says that on the approach of an authorized emergency vehicle making use of audible and visual signals […]
The state legislature added an important statute to the vehicle code in 2011. In response to a Chicago Tribune article that exposed how Cook County traffic court judges were going easy on speeders, Springfield lawmakers made it a crime to speed in excess of 30 mph over the limit. The problem with the new law […]
- by Sami Azhari, DUI Lawyer
