Illinois DUI Lawyer Blawg

Published on: September 10, 2010

Springfield Illinois DUI and License Reinstatement Lawyer Examines Wisconsin Supreme Court case

The state of Wisconsin provides for enhanced penalties (more jail time) if someone is convicted for a fourth time of a DUI offense. A Wisconsin judge was asked to decide whether a Wisconsin resident’s previous Illinois DUI and his Zero Tolerance (“ZT”) offenses should all be included in determining whether the Wisconsin DUI conviction he had received was his fourth offense for enhancement purposes.

Both sides seemed to agree that the previous Illinois DUI, even though it occurred in another state, would count. In Illinois, out-of-state DUI offenses would likewise be counted when Illinois has a hold that prevents someone from obtaining a license in another state. The real point of disagreement was whether the ZT tickets should count. As an Illinois driver’s license reinstatement lawyer, this writer does not believe that ZT offenses should be viewed as DUI convictions. The reason is that ZT offenses only apply to a driver under the age of 21 years. As a result, the State is nor required to prove that you were driving drunk. They simply have to show that there was any amount of alcohol in your system.

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Published on: September 3, 2010

More Mel Gibson DUI fallout

By Theodore Harvatin

As an Illinois DUI lawyer, I have been following the story of Mel Gibson’s 2006 arrest for DUI. Gibson was pulled over on July 28, 2006 and investigated for DUI. During the course of the investigation, Gibson made anti-Jewish comments.

There were allegations that the LA County Sheriff’s Department attempted to cover up Gibson’s action by, among other things, amending the investigating deputy’s police report to remove some of Gibson’s anti-Semitic statements. The deputy who wrote the original report has sued the LA County Sheriff, alleging that the department damaged his career to retaliate against his telling the truth about Gibson.

If you are arrested for DUI in Illinois, you should understand what happens during the traffic stop leading up to the arrest. You will likely initially have contact with the police because of an alleged traffic offense, suspicious behavior, a citizen’s complaint or a safety checkpoint.

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Published on: August 27, 2010

Illinois DUI reckless homicides decline

By Theodore Harvatin

In Illinois, as well as nationwide, traffic deaths declined in 2009. According to statistics from the United States Department of Transportation National Highway Safety Administration, Illinois experienced a 13% decrease in traffic fatalities in 2009.

There were also fewer arrests for felony reckless homicide. In Illinois, the offense of reckless homicide can include a traffic crash in which someone is killed. Reckless homicide is a class-2 felony punishable by 3-14 years of imprisonment, although probation is an option.

At one time, Illinois law provided that a driver who is DUI and who is involved in an accident in which there is a fatality is assumed to be guilty of reckless homicide. However, the Illinois Supreme Court ruled that this law was unconstitutional.

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Published on: August 20, 2010

Springfield Illinois DUI arrest causes newspaper reporter later problems

By Theodore Harvatin

A newspaper reporter in Springfield Illinois arrested for DUI last year received a statutory summary suspension. A statutory summary suspension takes effect on the 46th day after an Illinois DUI arrest. The suspension and the DUI ticket are separate items. Even if your DUI is dismissed, you will still have a suspended (invalid) driver’s license, unless the statutory summary suspension is rescinded (thrown out).

Depending on your previous driving record and whether you took or refused testing, your driver’s license will be suspended for as short as six months and as long as three years. If you took the test and have not had a DUI in the previous 5 years, you will be suspended for 6 months; if you refused, you will be suspended for 12 months. During all but the first 30 days of either suspension, you are eligible to apply for an MDDP.

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Published on: August 13, 2010

Illinois DUI and Statute of Limitations

By Theodore Harvatin

Illinois DUI lawyers are often asked about statutes of limitations. A statute of limitations restricts the time in which the state can charge you. In that connection, there are two separate but related issues.

If you are accused of a misdemeanor (fewer than three previous DUI offenses), the state has 18 months from the date the offense was allegedly committed in which to file charges against you. If you have more than two previous DUI offenses, you may have committed a felony DUI. In that case, the state has 3 years from the date the alleged offense was committed in which to bring charges.

Once charges are filed against you, the statute of limitations has been satisfied. Therefore, if you skip out on court, the state can prosecute you for that DUI years later and not run afoul of the statute of limitations.

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Published on: August 6, 2010

Illinois DUI and felony

By Theodore Harvatin

Repeat DUI offenses can result in felony charges, leading to prison time, as much as 30 years in some situations. As you ask yourself, should I hire an Illinois DUI lawyer for a first offense, keep in mind the following information. It demonstrates that previous DUI offenses can come back to haunt you when the judge is deciding what sentence to impose.

If you have more than two previous DUI offenses, you may be charged with a felony. In determining whether or not you are felony eligible, both out-of -state DUI offenses, as well as DUI offenses for which you received court supervision, are included.

If you believed that supervision “does not go on my record and does not count”, you misunderstood how Illinois DUI supervision works. Supervision does not cause a driver’s license revocation and does not become part of your public driving record. However, the prosecutor, the Secretary of State, the police and the judge will be aware of it, forever. Likewise, you might be surprised to discover that an out-of-state DUI offense that is not on your Illinois record but that the state knows about because of the National Registry/ PDPS also counts when assessing the felony issue.

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Published on: July 29, 2010

Illinois DUI hold on out of state driver’s license

By Theodore Harvatin

Recently, a Pennsylvania man was penalized for a 1985 DUI. The driver was arrested for DUI while visiting Maine in 1985 and satisfied all the requirements of the state of Maine. However, because of bureaucratic confusion, the DUI was not reported to Pennsylvania, the state where he held a driver’s license, until 2004.

In 2009, the driver was arrested in Pennsylvania for DUI. Pennsylvania law provides that someone without a DUI conviction in the previous 10 years is entitled to more lenient treatment.

The driver argued that his previous DUI was more than 10 years old. However, because the conviction was entered on his record within the last 10 years, he was not entitled to more lenient treatment, the court ruled.

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Published on: July 22, 2010

Choosing an Illinois Driver’s License Reinstatement Lawyer

By Theodore Harvatin

You work hard for your money and do not want to waste it. If you lose your driver’s license, you may be tempted to have attend a Secretary of State driver’s license hearing without the benefit of a lawyer You may have been told to attend the first hearing on your own because “they deny everybody the first time”. ‘Everybody” who does not know what they are doing, or who hires an attorney who does not understand the process, or who believes what an ill-informed evaluator tells them will get denied the first time.

However, this does not have to be the outcome if you hire an experienced and knowledgeable driver’s license hearing lawyer. Certainly the fees you pay are important, but if a lawyer who charges low fees does not have the experience and knowledge of the process to achieve a favorable outcome, you have not saved any money; you have wasted all of the money you paid him.

Ask a potential lawyer these questions: How many hearings do you attend each week; how long have you been doing this; is this the main part of your practice, or do you just do this “on the side” to bring in extra money; how much experience did you have as a Secretary of State hearing officer before you started representing clients; how many articles have you published or lectures have you given to other lawyers on this topic?

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Published on: July 15, 2010

DUI arrest statistics show increase in female offenders

By Theodore Harvatin

Any experienced Illinois DUI lawyer can tell you that the overwhelming majority of those arrested for DUI are male. Some reasons for this are that men drive more miles than women, men are under more pressure as they are typically the primary breadwinners of a family, men take greater risks and society is more accepting of male excessive alcohol consumption.

However, United States Department of Transportation studies have shown a dramatic increase in female DUI arrests. The same reasons are cited: women are driving more, women have suffered fewer job losses during the recession and thus are often the primary source of family income, and particularly among younger women, there is less social stigma attached to DUI than was once the case.

In earlier times, judges were receptive to a man’s argument that the consequences of a DUI were too severe. He needed to “feed his family”. Not only could he face jail time and loss of driving privileges, but the monetary costs of a DUI would take money out of his pocket and that of his family.

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Published on: July 8, 2010

When it comes to Illinois DUI, your problems do not end with the courts

By Theodore Harvatin

If you are arrested for an Illinois DUI, two things are at risk. The first is your liberty and property; the second is your driver’s license.

DUI is a crime. As such, you are subject to fines and possible jail time if you are convicted of DUI. For a first DUI offense with no death or injury, a conviction can result in up to 364 days in the county jail and/or a fine of up to $2,500.

Many Illinois courts will also require to you attend a Victim Impact Panel (VIP), not drink or use drugs or go to taverns during a probationary period, attend a few Alcoholics Anonymous (AA) meetings and obtain a drug and alcohol evaluation. You might also be required to complete Driver Risk Education (DRE) and complete alcohol counseling.

After you are convicted of the DUI, your driver’s license will be revoked. In order to have it returned to you, you must have a hearing with the Illinois Secretary of State.

You may believe that once you have met all the court requirements–paid your fines, done your jail time, not gone to a tavern or consumed alcohol or drugs, obtained your evaluation and completed all your classes–the driver’s license reinstatement hearing would be a simple matter of providing evidence to the Illinois Secretary of State of these accomplishments.

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