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What Are the Penalties for Reckless Driving in Illinois?
Reckless driving can be considered a serious offense in Illinois, and the penalties associated with reckless driving can vary. If you have been arrested or issued a citation for reckless driving in Illinois, it is important to understand the penalties you may be facing. It is also essential to obtain the services of an experienced Illinois reckless driving attorney to advocate for you and protect your criminal record as much as possible.
What Type of Offense Is Reckless Driving?
In Illinois, reckless driving is generally considered a Class A misdemeanor. However, there are exceptions that can make a reckless driving charge a more serious offense, such as a felony. For example, driving recklessly in a school zone and injuring a child or school crossing guard may upgrade the reckless driving misdemeanor to a Class 3 felony.
How To Avoid a Domestic Violence Charge on Valentine’s Day
February 14 is meant as a day to show love, when you and a significant other can express it openly and often. It should not be a day for a domestic violence charge, subsequent arrest, and a night in jail. Even if no physical violence occurs, a heated argument can quickly lead to false accusations. To ensure you can keep a cool head and look to make it a positive night to remember, there are some things to keep in mind. Of course, if you are facing a domestic violence charge, a criminal defense attorney should be the first and only person you talk to.
Air Out Issues Before They Become A Problem
Do not allow lingering issues to build up over time so that they eventually boil over. Talk things over with your loved one about any annoyances, pet peeves, or anything you do not like or appreciate in the relationship. When things are out in the open between you it is a lot easier to fix them. Now you can go into Valentine’s Day with a better understanding of one another and hopefully avoid any additional problems from coming up. It will also help to avoid consuming alcohol when deciding to talk about things, as alcohol has a way of turning things from bad to worse.
How To Fight A Criminal Conviction in Illinois
Being criminally convicted of a crime by a judge, jury, or through your own admission does not necessarily spell the end of the journey. Unless explicitly stated otherwise during sentencing, you still have the right to fight the conviction and sentence if you so desire. Time is of the essence and you will need to file an appeal or withdraw your plea as soon as possible. For help with the entire process, consult an attorney to enlist in your fight.
How To Withdraw a Guilty Plea
You can wait until a judge or jury decides on your sentence before choosing to withdraw a guilty plea. You can ask the judge to reconsider the sentence they have chosen to hand down or withdraw the plea itself by filing a motion to withdraw. However, once you choose to withdraw a plea and the judge grants it, the case will begin as if the plea never existed.
Illinois' Zero-Tolerance Law and The Consequences For Breaking It
Underage drinking is a problem in Illinois. When a person younger than 21 decides to drink and drive, it is illegal, and Illinois has no problem taking away their license. Subsequent violations can see the penalties increase as they would for adults, resulting in possible jail time, fines, and further loss of driving privileges. A driving under the influence (DUI) conviction can destroy a young person's life before it has even begun. The best course of action when facing an underage drinking and driving charge is to consult an attorney immediately.
Violating Illinois’ Zero-Tolerance Law
A police officer can pull anyone over if they suspect the driver of the vehicle is driving under the influence of alcohol or drugs. As Illinois is an implied consent state, when someone is pulled over, a police officer has the right to request a sobriety test of the driver. The driver can then accept or refuse the sobriety test at their discretion. This is a field sobriety test that often requires the driver to perform a set of physical coordination tests. However, even if the driver chooses to accept the test and performs without complication, the officer can choose to submit the driver for a chemical test back at the station.
How Long Convictions Last On An Illinois Criminal Record
Forever - that is how long a conviction will last on a criminal record. It is referred to as a “permanent” criminal record, after all. However, just because it remains on your permanent criminal record does not mean that all convictions will remain on your public record. Some convictions, and arrests that did not lead to a conviction, may be eligible for expungement or sealing. A solid criminal defense attorney can help determine which records can be sealed or expunged, and which cannot be washed away from the public eye.
Seal and Expunge
The primary difference between sealing a criminal record and expunging it lies in its permanence. Sealing a record still keeps the record around in both a physical and legal sense, although only certain parties will be able to see it. In contrast, expunging a criminal record strikes it from the books. It will delete any record of the criminal charge or arrest that ever occurred. Understanding which convictions can be sealed or expunged is important to keeping a clean public record. For a more in-depth conversation on which criminal records can be sealed or expunged, it would be best to speak with an attorney.
A Look At Recreational Vehicles While Driving Under the Influence
Driving under the influence (DUI) is not specific to cars and trucks. Arrests can take place for anyone driving under the influence using other recreational vehicles, such as an all-terrain vehicle (ATV) or boat. Though they may not be common, there are attorneys with enough experience in these situations who can help defend your rights from recreational vehicle DUI charges.
What is Driving Under the Influence (DUI)?
Driving under the influence (DUI) in the state of Illinois consists of a driver who:
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Is driving under the influence of alcohol or drugs
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Has a blood alcohol content (BAC) level of 0.08 percent or higher
Drivers for whom these situations apply can find themselves pulled over, arrested, and charged with DUI. In Illinois, a driver who is convicted of DUI while operating a recreational vehicle will suffer the same penalties as if the vehicle was a typical car, truck, or SUV.
How to Properly Respond to a Protective Order
So your spouse has filed for an order of protection against you for domestic violence. What can you do in this situation? You could lash out irrationally, making matters worse, or you can respond with a level head, void of any emotional outbursts, in a respectful manner. Understanding your legal rights regarding a response is important as you only have a limited time in which to respond. At this time, it is prudent to involve an attorney experienced in these kinds of cases.
Protective Orders
Protective orders, or orders of protection, are limited to family members, household members, former or current spouses, romantic partners, and individuals who share a home (roommates). They are used as protection against domestic abuse. Violating a protective order could lead to criminal charges or time in jail.
The Difference Between Burglary and Attempted Burglary in Illinois
In Illinois, as long as there is intent to steal, burglary and attempted burglary are the same thing. So, even if an alleged burglar had no chance to steal anything, if they were in an unauthorized area with the intent to steal something, then they can face burglary charges. If you are facing charges of burglary, you must remember to contact a lawyer immediately. A criminal defense attorney will be able to defend your rights during interrogation and in a court of law.
How is Intent Proven?
As intent is the only thing required to prove burglary has taken place, it is often the biggest point of contention in court by the prosecutor. If nothing was stolen, and the defendant has admitted to nothing, then how can they prove intent?
Police will thoroughly investigate the crime scene in search of clues for any indication of intent to steal. They may also conduct interviews with many parties, which include:
Understanding Misdemeanor Charges in Illinois
Misdemeanor charges are plentiful in the state of Illinois. Though a misdemeanor will typically carry a penalty lesser than a felony, it should be taken no less seriously. There are several different types of misdemeanors one can face charges of in Illinois. Each misdemeanor carries its own penalties and sentencing. An experienced criminal defense attorney is a good friend to have when facing misdemeanor charges or any criminal charges in Illinois.
Understanding Illinois Criminal Charges
Not all misdemeanor charges require legal representation but a good lawyer is always something to consider when being charged with any criminal offenses. Misdemeanors are categorized as a lower class of criminal charge, felonies being the higher of the two. A petty offense is the lowest charge possible, only resulting in a fine. Which charge you receive depends on the specifics of the crime.
What Happens If I Refuse a Breathalyzer Test?
Illinois is an implied consent state, meaning anyone who gets behind the wheel of a motor vehicle is consenting to sobriety testing. Sobriety testing is often used in determining whether or not a driver was driving under the influence (DUI) or driving while intoxicated (DWI). Refusal to accept a breathalyzer test to record your current blood alcohol content (BAC) level can have serious consequences, which could see your driver’s license suspended or worse. An attorney who handles DUI defense cases can easily guide you through what to expect when facing such charges and formulate a defense for your trial.
The Penalties For Refusing a Breathalyzer Test
Refusal of a breathalyzer test can see your driver’s license summarily suspended for a minimum of one year; depending on whether this is a first-time offense, you have not been convicted of a DUI in the last five years. Repeat offenders with DUI convictions are looking at a driver’s license suspension of three years.
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