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Why You Need to Hire an Attorney After a CDL Violation
Commercial truck driving is one of America’s largest and most critical industries. Commercial truck driving is a crucial part of our lives but does come with some inherent risks. Due to the sheer size of commercial trucks, they are more difficult to operate and collisions tend to be increasingly destructive. It should come as no surprise that more than 4,000 people died in commercial trucking accidents throughout 2018 alone. Because of this, law enforcement officials are cracking down on commercial truck driving negligence. If you have been cited for a CDL violation, it is time to seek out a knowledgeable defense attorney.
Most Common Forms of Truck Driver Negligence
When a truck driver is cited for a CDL violation, it is critically important to act quickly. In the United States, the most common CDL violations include drinking and driving, speeding, recklessly passing other vehicles, and other forms of reckless driving. It is also important to note that some violations that can result in a CDL violation may not be the fault of the driver. In some instances, a company will improperly load or care for a vehicle leaving the driver with an overloaded or improperly maintained vehicle. Regardless of the reason behind your CDL violation, hiring an attorney you can trust is critically important.
How a Criminal Defense Attorney Can Help Your DUI Case
Every single year thousands of Illinoisans are arrested for driving under the influence of drugs or alcohol. Due to the sheer number of annual drunk driving accidents as well as the recent legalization of recreational marijuana, law enforcement officials are increasingly on the lookout for signs of inebriated driving. While most people that a DUI charge will automatically result in a conviction, the truth of the matter is that a skilled defense attorney can be invaluable in helping you avoid a conviction. If you are facing DUI charges, it is time to speak with a criminal defense attorney you can believe in.
Improper Traffic Stops
In order to be pulled over for a DUI traffic stop, a law enforcement official must spot an initial traffic violation. If a police officer pulls you over while you were in full compliance with traffic ordinances, the evidence gained after the stop may be deemed inadmissible in court. A skilled attorney will investigate the traffic stop through witness testimony and surveillance footage to deem if the actions of the officer match up with the events leading up to the stop.
The Consequences of an Illinois Marijuana Charge
In the state of Illinois, thousands of people are arrested for drug-related crimes statewide each and every year. While the high arrest totals may suggest minimal criminal ramifications, the reality is that a drug charge can impact your employment status, lead to significant fines, and possibly result in jail time. Despite the fact that recreational marijuana is now legal in Illinois, a person can still face legal consequences for violating the rules outlined in the Cannabis Regulation and Tax Act. Below we will examine various drug charges in Illinois, and the importance of hiring a defense attorney you can believe in when facing charges of this magnitude.
Marijuana Charges in Illinois
As mentioned above, a person can still face marijuana-related charges in the state of Illinois. While it is legal for Illinois residents to possess up to 30 grams of marijuana (non-residents can possess up to 15 grams) possessing more than 30 grams is still considered a serious offense. According to Illinois state law, if you are apprehended while possessing between 30 and 100 grams of marijuana, you will face misdemeanor charges, fines up to $2,500 and up to one year in prison. It should be noted that a repeat offender will face increasingly severe consequences. Unlicensed sale of more than 10 grams of cannabis is considered a felony in the state of Illinois. If convicted, a person charged with unlicensed selling of marijuana will face one to three years in prison and fines up to $25,000.
The Impact of Underage Drinking
Every single year, hundreds of teens throughout the state of Illinois are arrested and charged with consuming alcohol as a minor. Due to the inherent risks that teenage alcohol consumption can have, such as alcohol poisoning and binge drinking, the potential legal consequences of a minor in possession charge can be extreme. Below we will examine some of the legal ramifications of teenage drinking, and how you should respond if your child has been charged with an underage drinking-related criminal offense.
The True Cost of Underage Drinking
When the vast majority of people think of underage drinking charges, they assume that the charges will likely lead to a slap on the wrist, the reality is that underage drinking charges can potentially jeopardize your child’s future. According to Illinois state law, possession, consumption, or purchase of alcohol by a minor (anyone below the legal drinking age of 21) constitutes a Class A misdemeanor charge, fines up to $2,500, and potentially significant jail-time. It is worth noting that a charge involving fraudulent identification or the act of impersonating another person in order to purchase or consume alcohol can result in felony charges. Whether your child has been charged with a felony or misdemeanor, a criminal conviction of this magnitude can impact their educational and occupational opportunities.
How a DUI Charge Can Be Elevated to a Felony
In the state of Illinois, thousands of people are arrested and charged with driving under the influence of drugs or alcohol, each and every year. According to Illinois state law, a DUI conviction constitutes a Class A Misdemeanor charge. Unfortunately for those charged with driving under the influence, there are a number of factors that can lead to a DUI charge being elevated to a felony, these factors are known as aggravating factors. Below we will examine some of the reasons why you could be facing felony charges after driving under the influence of drugs or alcohol.
What Constitutes an Aggravated DUI
If a DUI charge is elevated from a misdemeanor to a felony, it is now categorized as an aggravated DUI. The most common reason for an aggravated DUI charge is that the defendant is facing their third or subsequent DUI charge. Other common aggravating factors include a DUI resulting in great bodily harm to another party, driving under the influence while your license is suspended or revoked due to previous DUI charges, and driving under the influence without a valid driver’s license. A new state law passed in January 2019 states that a driver can be charged with an aggravated DUI if they are apprehended while driving the wrong direction down a one-way street, while intoxicated.
The True Impact of a DUI Conviction
Driving under the influence of drugs or alcohol can seriously impact a person’s ability to safely operate a vehicle. Because of this, the potential ramifications of a DUI conviction are significant. If you have been charged with driving under the influence, it is important to act quickly. The most important step you can take when facing DUI charges is hiring an experienced legal professional that you can believe in.
The Legal Consequences
In the state of Illinois, a DUI conviction constitutes a Class A misdemeanor charge. If convicted, the guilty party may face up to one year in prison, as well as fines up to $2,500. A first-time DUI offender will likely have the choice of spending a mandatory ten days in jail or 30 days of community service hours. The offender will also face a one-year license revocation period. A conviction of this magnitude can result in job loss, depending on the party’s occupation.
The Cost of a Conviction
What Is an Aggravated DUI?
In the state of Illinois, more than 26,000 drivers were arrested for driving under the influence of drugs or alcohol, throughout 2018. While a standard DUI conviction will constitute a Class A misdemeanor charge, some circumstances can result in felony charges. When a DUI is elevated to a felony, it is legally referred to as an aggravated DUI. Below we will examine some of the most common aggravated DUIs, and the potential legal ramifications of a charge of such magnitude. If you have been charged with driving under the influence, it is time to speak with an experienced criminal defense lawyer.
The Most Common Aggravated DUIs
In the vast majority of cases, a DUI will be elevated to an aggravated DUI due to increased level of negligence. It is important to note though, that a third or subsequent DUI charge will automatically be elevated to an aggravated DUI. A driver that is charged with their third DUI will face Class 2 felony charges. A DUI resulting in great bodily harm to another party will also result in felony charges, even if the charge is the driver’s first alcohol-related traffic violation. It should be noted that a person charged with a DUI resulting in injury will face a minimum two-year license revocation period.
How Serious Is a Reckless Driving Charge in the State of Illinois
Every year thousands of Illinoisans suffer severe injuries in motor vehicle collisions. Unfortunately, many of these collisions are caused by the negligent actions of a driver. Because of this, law enforcement officials throughout the state are constantly on the lookout for signs of negligent or careless driving. In the state of Illinois, a reckless driving charge can come with serious legal ramifications. If you have been charged with reckless driving, it is time to speak with a knowledgeable legal professional.
What Is Reckless Driving?
Illinois’ reckless driving law is defined under the Illinois Vehicle Code, in statute 625 ILCS 5/11-503. The statute states that reckless driving is the act of willfully disregarding the safety of other travelers. The most common examples of reckless driving in the state of Illinois, including driving over 35 mph over the legal speed limit, recklessly swerving from lane to lane without signaling, and using an incline to become airborne on a roadway. The consequences of a violation of this magnitude should not be understated.
Fighting Against a CDL Violation Caused by Employer Negligence
Being a commercial truck driver can come with some serious potential complications and risks. Commercial truck drivers are asked to drive day and night, through inclement weather, in vehicles that can weigh up to 30 times as much as standard motor vehicle collisions. Recognizing the inherent risks of commercial truck driving, it should come as no surprise that law enforcement officials are on the lookout for drivers violating commercial trucking laws. Unfortunately, many truck drivers are pressured by their employers to violate these mandates. If you have been charged with a CDL violation, it is time to seek out the assistance of a knowledgeable legal professional.
Experiencing Employer Pressure and Negligence in the Trucking Industry
While many CDL violations, such as driving under the influence of drugs or alcohol and reckless driving, are directly the fault of the driver, many other violations can be caused by employer negligence or recklessness. Unfortunately, it is not uncommon for commercial trucking companies to pressure their employees into acting negligently, in order to expedite the shipping process. One common example of this is companies asking their drivers to falsify their driving logs in order to drive for more consecutive hours than is legally allowed. Falsifying an electronic driving device can potentially result in a CDL suspension or permanent revocation, as well as possible jail time.
The Consequences of a DUI Resulting in Injury
Every year thousands of Americans are injured in drunk driving accidents, because of this law enforcement officials are constantly on the lookout for signs of inebriated driving. In the state of Illinois, drunk-driving was the primary cause of approximately 28% of all traffic deaths, throughout 2018. Perhaps it should come as no surprise that over 28,000 DUI arrests were made throughout the state, in 2018. If you are facing DUI charges after injuring another party in an accident, it is time to seek out the help of a respected criminal defense attorney.
The Legal Ramifications
In the state of Illinois, a standard DUI charge constitutes a Class A misdemeanor, a $2,500 fine, and possible jail time. That being said, the legal ramifications of a DUI in which a person suffered injuries are much more severe. A DUI resulting in great bodily harm, permanent disability, or disfigurement constitutes a Class 4 felony charge in the state of Illinois. According to the Illinois’ Secretary of State’s Office, a Class 4 felony charge can lead to one to three years in prison, and fines up to $25,000 (not including the various other expenses in most DUI cases). The person will also face a license revocation period of two years, even if the incident was their first DUI charge.