Posted on February 07, 2025 in Traffic Violations

Perhaps you recently bought a new sports car and are checking it out on the open highway when you see flashing red lights behind you. While you may expect to receive a speeding ticket, what you may not expect is to be handcuffed and taken to jail. In the state of Illinois, driving 26 mph or more above the posted speed limit is much more serious than a simple traffic ticket – it is a criminal offense known as aggravated speeding.

Of course, whether you go to jail or not will depend on the law enforcement agency and the discretion of the officer. You could be arrested and taken to the police station for processing, or you could receive a ticket with a date for a required court appearance. Either way, this is a serious traffic offense that can benefit from having an Aurora, IL traffic violations lawyer to help you navigate the process with the best outcome possible.

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 Posted on January 22, 2025 in DUI

Driving under the influence continues to be a persistent yet preventable problem across the United States and in Illinois, yet in the state, the number of DUI arrests has not increased over the past decade. Even so, alcohol impairment remains a factor in at least one-third of all motor vehicle fatalities in the nation. While 0.08 percent is the blood alcohol concentration that is considered impaired in the state, a person with a BAC between 0.05 and 0.08 can be convicted of DUI if additional evidence exists that will show the driver’s impairment.

Depending on whether the DUI conviction is for a first, second, third, or subsequent DUI, the person convicted may be forced to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in his or her vehicle for a specific length of time. The device can be financially prohibitive for some, but there may be help available.  If you are facing DUI charges or dealing with the aftermath of a DUI, it can be beneficial to speak to an Aurora, IL DUI attorney.

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 Posted on January 09, 2025 in Criminal Defense

A 2020 study published state-by-state results regarding the number of charges that resulted in a conviction. In the state of Illinois, there were 8,286 charges, 25.34 percent of which were felony charges. The IL conviction rate for felony and misdemeanor criminal charges combined was less than half of the number charged (40.08 percent).

You may understandably be anxious and stressed about the outcome if you have been charged with a criminal offense in Illinois. It is important to remember that being charged with a crime does not necessarily mean the prosecutor has an airtight case against you. Criminal charges can benefit significantly from a skilled Aurora, IL criminal defense attorney from Law Office of Patricia Magaña, LLC.

Signs a Criminal Case Could Be Shaky

An experienced criminal defense lawyer can quickly identify a weak criminal case – and will know how to challenge those weaknesses with the prosecutor. The prosecutor must share all information about the case during the pre-trial discovery phase.  A weak case can result in the criminal charges being dismissed, reduced, or settled on more favorable terms. Some of the most common issues that indicate a weak case on the part of the prosecutor include:

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 Posted on December 27, 2024 in Traffic Violations

For those with a commercial driver’s license (CDL), keeping that license is more than a requirement – the individual’s career and livelihood depend on maintaining the license. Any CDL moving violation that impacts the license can result in the loss of a job, a career, and one’s ability to make a living. If you are a CDL driver who is facing the potential loss of your license, it is important that you speak to a knowledgeable Aurora, IL CDL violation lawyer.  

How is a CDL License Obtained in Illinois?

Obtaining a CDL license in the state is not an easy task and has many different requirements. You must be 18 to apply for a CDL to operate within the state and 21 to operate across state lines or to transport passengers. You must have a valid driver’s license as your "base." Proof of Legal Presence documentation and an acceptable medical certificate are required.

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 Posted on December 11, 2024 in DUI

Between 1991 and 2017, the rate of drunk driving fatalities decreased by nearly 50 percent.  Nonetheless, in 2023, roughly one million drivers were arrested and charged with DUI or DWI.  While about 30.8 percent of people believe a driver should lose his or her license following a DUI conviction, most believe this loss should only be temporary.

The primary question asked by Illinois residents who have been convicted of DUI is when they can have their driver’s license reinstated. We live in a very mobile society which is highly dependent on the ability to drive. The lack of a driver's license severely hinders getting to and from work, taking children to school, running errands, and engaging in recreational activities.

Thanks to changes in Illinois DUI laws over the past few years, the question of when a driver’s license can be reinstated has become increasingly complex. If you have questions about when your license can be reinstated and how the process works, an Aurora, IL DUI attorney from Law Office of Patricia Magaña, LLC can help.

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 Posted on November 26, 2024 in Criminal Defense

Underage drinking is a serious crime in Illinois that can have severe consequences for both minors and adults. An adult is generally forbidden to give alcohol to a minor and can face prison and fines for doing so. Furthermore, Illinois’ Social Host Law does not require that alcohol be given to the minor directly. Underage drinking on your property can also be considered a criminal offense, and parents can in some cases be held responsible for their own child drinking under 21. If you are being accused of enabling underage drinking, contact an Illinois criminal defense attorney right away to understand your legal options.

What Is the Social Host Law in Illinois?

Illinois has a Social Host Law that punishes adults who knowingly permit or authorize underage drinking in their homes. Importantly, the law does not require adults to provide the alcohol or give express permission to drink it. Even passively allowing it to happen can be considered a Class A misdemeanor, which is punishable by up to a year in jail and a fine of up to $500. If underage drinking results in serious bodily harm or death — such as if the minor drove drunk and killed someone — the adult can be charged with a Class 4 felony, which carries a prison sentence of one to three years and fines up to $25,000.

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 Posted on November 13, 2024 in DUI

People who are convicted of driving under the influence (DUI) may be required to install a Breath Alcohol Ignition Interlock Device (BAIID) in their vehicle. A BAIID is a breathalyzer connected to the ignition that prevents the car from starting if the driver’s blood-alcohol content (BAC) is over a certain limit. It is intended to help prevent further DUIs and also alert authorities if a driver drives while intoxicated.

If you have been convicted of a DUI, a BAIID may be optional, depending on whether this is your first offense. For more details about BAIIDs or for questions about a DUI charge, speak with an Illinois DUI defense attorney.

When Is a BAIID Required?

Not all DUI offenders are required to install a BAIID, but they may choose to. The requirements become more strict depending on whether it is your first DUI. They are as follows:

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 Posted on October 30, 2024 in Traffic Violations

Reckless driving is a serious crime in Illinois that can result in jail time, fines, and driver’s license suspension. Under Illinois law, reckless driving is defined as driving with a conscious disregard for the safety of others or trying to make a car go airborne. The first definition is fairly broad and the prosecution must prove beyond a reasonable doubt that you willfully disregarded the safety of others. In some cases, your Illinois criminal defense attorney may be able to reduce the charge or have it dismissed altogether. This article will discuss when that can be done and the penalties for a reckless driving charge.

What Are the Penalties for a Reckless Driving Charge?

The penalties for reckless driving vary depending on the circumstances. For example:

• At its base level, reckless driving is a Class A misdemeanor, which carries up to 364 days in jail and a fine of up to $2,500.

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 Posted on October 11, 2024 in Criminal Defense

Illinois treats theft as a serious crime and attaches heavy penalties. One form of theft is shoplifting, which last year cost retailers in Illinois over $120 billion and is projected to cost them $150 billion in 2026. Retailers do not have a great success rate at catching shoplifters. Approximately two percent are caught, and police make arrests only in one out of 100 shoplifting incidents on average.

When a store does believe someone is shoplifting, however, it can take certain actions under Illinois law. In such a situation, understanding your rights is a crucial first step to defending yourself against charges of theft. If you are accused of shoplifting, consult an experienced Illinois criminal defense attorney who knows how to build a solid defense.

What Is Considered Shoplifting in Illinois?

When most people hear the word shoplifting, they think of someone slipping an item into a handbag and leaving the store. But shoplifting can include any action intended to permanently deprive a merchant of an item without paying its full retail value. Other forms of shoplifting can include:

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 Posted on September 26, 2024 in Criminal Defense

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. Law enforcement must have reasonable suspicion of a crime to search someone’s property or they must first obtain a warrant to do so.

Sometimes police search private vehicles over suspicions of cannabis-related crimes. While marijuana is legal for recreational use in Illinois, drivers are prohibited from driving under the influence of cannabis. Furthermore, Illinois law requires drivers to keep marijuana in a container that is:

• Closed

• Sealed

• Odor-proof

• Child-resistant

• Inaccessible to the driver

Law enforcement officers who smell cannabis odors coming from cars during routine traffic stops have therefore been known to search the vehicles to check if the marijuana is being properly stored.

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