Driving under the influence is the only offense in Illinois that requires the offender to undergo an evaluation before sentencing. The evaluation is mandated by statute. There is one exception to this rule, and it shows how seriously the law treats a DUI. The only other case in which the defendant is required to have […]
Secretary of State
Many people are confused about the difference between a summary suspension and supervision. The two may sound alike, but they are very different. A summary suspension concerns your driver’s license. Your license to drive is suspended usually 46 days after an arrest for driving under the influence. The suspension is called a statutory summary suspension. […]
If a person is found guilty of driving under the influence in Illinois, and he has no prior offenses of DUI or reckless driving, then the judge is authorized to sentence the defendant to court supervision. Supervision is generally the disposition sought after by attorneys. As discussed in other articles on this blog, supervision is […]
If the defendant prevails in the hearing on the petition to rescind statutory summary suspension, the judge will sign an order directing the Secretary of State to rescind the suspension. The clerk in that courtroom will follow up with the Secretary of State after the court call has concluded. But this takes time. The clerk […]
The state legislature has amended the DUI statutes in 2011 and established additional civil penalties for people accused of driving under the influence. The law in Illinois up to 2010 provided that if a person was involved in a motor vehicle accident that resulted in personal injury or death, the police were allowed to draw […]
The Illinois legislature has increased the penalties for traffic tickets in 2011. A new law has gone into effect that requires the Secretary of State to revoke the driver’s license of any person who is convicted of a vehicle code offense that is the proximate cause of the death of another. Most people are aware […]
Illinois law on driving under the influence changed significantly in 2008. In that year, the legislature added additional penalties for the offense of DUI. For example, an arrest for DUI where the driver does not have a valid license turned into a felony offense. For years defendants who were arrested for DUI without a valid […]
The laws against driving under the influence in Illinois have enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But […]
A speeding ticket in Illinois can result in a fine and traffic school. In some instances, it can result in a suspended license. Recent changes in the law make certain tickets more serious. Beginning in 2011, a speeding ticket for driving 31 mph over the limit is a criminal offense. The new law makes it […]
During a period of statutory summary suspension, some defendants may qualify for a driving permit. The permit is called a Monitoring Device Driving Permit. The permit is referred to as an MDDP by attorneys and the courts. The statute is 625 ILCS 5/6-206.1 of the vehicle code. The MDDP is a permit allowing the defendant […]