In a previous post, we discussed successful strategies that can counter the state’s evidence with regard to intoxication, whether this evidence is direct or circumstantial. There are some other possible defenses, as well, and aggressive representation in these areas is often the difference between an undesirable result of a DUI charge and one that is far more palatable. In the everyday sense, “driving” is easy to define. In this context, most people, and most jurors, assume that the term means...

Four Lake County area men, several of whom may have only been peripheral participants in a drug transaction, now face homicide charges. The men face up to 30 years in prison each after authorities accused them of providing heroin laced with fentanyl to a Sugar Grove woman who was found dead in her home from an apparent overdose. Shortly after her body was found, investigators focused on the men as possible drug suppliers in the area. According to phone records,...

There is a world of difference between a license suspension and a conviction revocation. The state temporarily suspends drivers’ licenses based on DUI arrests; at the end of the suspension period, the defendants get their licenses back if they pay a reinstatement fee and meet some other nominal requirements. After a DUI conviction, the state permanently revokes the operator’s driver’s license, and the operator can only apply for reinstatement once the minimum revocation period has expired. In addition to completing...

There are generally two ways to win a DUI, as an attorney can engineer a plea bargain to a lesser included offense or challenge the state’s evidence at trial. Most cases involve a little bit of both. Over the past 25 years, DUIs have evolved from severe traffic tickets to one of the most serious offenses in the state. A DUI today often involves collateral consequences, like drivers’ license suspension and monetary cost. This change is especially apparent in Illinois,...

In a previous post, we examined the per se portion of the DUI law. Per se basically means “it is what it is” and there is no room for interpretation. For purposes of this section, if the defendant has a BAC above the legal limit, the defendant is guilty, even if the defendant was not “intoxicated” in the everyday sense of that word. However, in about 20% of DUI cases, prosecutors cannot use the per se provision because the defendant...

In most states, third DUIs are somewhat rare, due to the 10 or 15-year look back period. This means that a DUI will “fall off” a person’s record after the 10-15-year period, and any DUIs charged after that will not be considered subsequent offenses. In Illinois, prior convictions never “fall off” an offender’s record for DUI sentencing purposes, so an offense that everyone else has probably forgotten about often comes back to haunt defendants charged with DUI. Furthermore, even if...

State Rep. Elgie Sims, Jr. (D-Chicago) just introduced House Bill 3337, which would raise the felony theft threshold

What are some of the differences between a first DUI and a second DUI? The first major point is that Illinois has no conviction look-back period, which is one of the features that make DUI laws in the Prairie State so strict. Many states have a 10-year lookback period, so if a person has a first DUI in 2005 and is arrested again for the same offense in 2017, the new case is a “first” DUI for prosecution purposes. But...

In the first six weeks of this year, 25 Lake County residents died from drug overdoses, and heroin caused more than half these fatalities. The numbers have been steadily increasing since 2014 and then spiked significantly at the beginning of 2017. Lake County Coroner Merrilee Frey said she was alarmed over the increase not only in heroin deaths, but also in fentanyl overdoses. Heroin’s availability and ease of access have contributed markedly to the increase in OD deaths, she opined....

You may have heard the famous quote that “justice delayed is justice denied,” but this may not always hold true for a defendant in a Chicago lawsuit. As a rule of thumb, rapid court procedures favor the party with the burden of proof because evidence deteriorates over time. Memories fade, physical evidence gets lost, important witnesses relocate, and so on. If many prosecutors had their way, criminal trials would take place almost immediately after the charging instruments are filed, thus...

By the time all is said and done, a first-time DUI in Illinois can cost about $17,000, and that assumes there are no aggravating factors, like causing an accident or having no insurance. Although Illinois’ DUI law is a bit more lenient for first-time offenders in terms of things like drivers’ license suspension and probation eligibility, the drunk driving laws in the Prairie State are notoriously harsh overall, so a DUI is not something to be taken lightly. DUI Penalties...

Largely because the law changed in January of 2016 and the Uniform Premarital and Marital Agreements Act, which Illinois and most other states have adopted, ironed out many of the differences in state laws, more people than ever are making property agreements before they get married. These pacts can cover non-property division areas as well, such as inheritance and spousal support matters. With the uptick in agreements, there is also an uptick in the number of spouses who want to...

When a driver’s license is “suspended” following a DUI arrest, it is automatically valid again after the suspension period expires, provided that the driver pays a reinstatement fee, provides proof of insurance, and complies with a few other formalities. However, when the license is “revoked” following a DUI conviction, it remains invalid forever unless and until the Secretary of State rescinds the revocation. At the conclusion of the minimum revocation period, eligible convicted motorists can request hearings to have their...

The justices will not review a Seventh Circuit decision that upheld key parts of the Carrying a Concealed Weapon law. In 2012, Illinois became the last state in the Union to enact a CCW law, and gun owners almost immediately attacked the provision in court. Initially, some would-be licensees complained that the state denied their applications with practically no explanation. In response, the state police, and later state lawmakers, changed the rules to require

The rule for marital property division in Illinois seems so straightforward: Property acquired before the marriage or by gift is non-marital, and according to the property presumption, everything else is marital property. But in long marriages, the black-and-white lines are very gray because it is not always easy to trace complex and ongoing property transactions to their original sources. Furthermore, as time goes by, the original records usually disappear, making a difficult problem even more challenging. Classification Almost all non-cash...