When Driving While License Suspended/Revoked is a Serious Offense
The authority for the State of Illinois to charge someone with driving on a suspended or revoked license can be found in section 625 ILCS 5/6-303. It's hard to believe that a crime as simple as driving on a suspended license has morphed into such a voluminous statute. The statute is approximately 7...
The Horizontal Gaze Nystagmus Test
When a client refuses to submit to a urine test the prosecution often relies on the results of standardized field sobriety tests to prove the charge of driving under the influence of cannabis. One of the standardized field sobriety tests recognized by the National Highway Traffic & Safety Administration ("NHTSA") is the Horizontal...
The consequences of 2 moving violation convictions within 24 months when the motorist is under 21
In my office it is an extremely common occurrence for a parent to contact me with the unfortunate news that his son has a suspended driver's license. Often times a teen motorist who is cited for speeding or a red light violation elects to pay the ticket through the mail or over...
The BAIID law that makes no sense
Pursuant to 625 ILCS 5/11-501 there are six different types of subcategories in which someone can be charged with DUI. Subsection (a)(1) criminalizes driving with a breath alcohol content of .08 and subsection (a)(2) criminalizes driving under the influence of alcohol. However, three out of the four remaining DUI subcategories do not...
CDL Defense
Most CDL holders understand that when they are charged with a simple moving violation the consequences can be dire. The good news is that most prosecutors understand the high stakes and are willing to work with defense attorneys. Today, my client (a CDL holder) was charged with a moving violation. However, after...