Attention: This article was originally published April 01, 2014. The information has since been reviewed for accuracy and is up-to-date as of December 2019. Drive too fast and you might go to jail. No, seriously. And if you have been pulled over for speeding by a State Trooper, you may have been told the same […]
Illinois Vehicle Code
The Illinois legislature changed a section in the Vehicle Code in 2014, establishing severe penalties for driving with a suspended or revoked license. Driving while license suspended, 625 ILCS 5/6-303(a), is in most situations a Class A misdemeanor. The maximum penalty for such an offense is up to one year in jail (364 days). But […]
Lawmakers in the House of Representatives will vote soon on a bill that allows police officers to tow and impound vehicles for driving without proof of insurance. Proposed by Representative Joe Sosnowski, R-Rockford, the bill would amend 625 ILCS 5/4-203. This is the statute that authorizes law enforcement to tow and impound vehicles abandoned on […]
State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. […]
Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are […]
Driving under the influence is one of the very few crimes in which the defendant’s guilt or innocence depends almost completely on another person’s opinion. It is a troubling proposition that a court of law could impose a judgment on someone based on another’s subjective thoughts. But that is exactly what Illinois courts do for […]
Most people who are arrested for DUI are not aware of the fact that an arrest by itself creates a criminal record. It does not matter that they have not been found guilty in a court of law. Rather, an arrest for DUI is recorded by the police department to the Illinois State Police. The […]
The state legislature added another offense to the Illinois Vehicle Code in 2011. Passed as Public Act 96-1237, the new law became effective on January 1, 2011. The law adds a new charge to the DUI laws already on the books. The new law can be found at 625 ILCS 5/11-507. It is called supervising […]
Every person who was arrested for driving under the influence in Illinois should look back at the traffic stop. The question that must be answered is, why was the defendant pulled over in the first place? A traffic stop is legally a seizure that falls under the 4th Amendment to the United States Constitution. The […]
Driving under the influence is a criminal offense in Illinois. It is subject to the same rules of criminal procedure and evidence as any other charge, including first degree murder. The defendant is protected by the United States Constitution, which provides the right to a jury of 12 people and the right to confront one’s […]
