Chicago DUI Lawyer Blog

January 16, 2019

How are my Illinois driving privileges affected if I’m convicted of DUI in another state?

Will Illinois find out about my out-of-state DUI?

Illinois is a member of the Driver’s License Compact, which is an agreement between states to exchange information regarding traffic violations and license suspensions or revocations of non-residents and forward that information to the state where they are licensed. Therefore, if the state where you are charged with DUI is part of the Driver’s License Compact, the appropriate authorities will report the information to the Illinois Secretary of State. Illinois will then treat the DUI as if it had been committed here.

While most states are part of the Driver’s License Compact, the few non-member states include Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin. However, in practice, many of these states still report offenses to Illinois under their own laws and regulations even though they are not officially part of the Driver’s License Compact.

November 23, 2018

Courtroom Etiquette – How to Behave in Court and Prepare for Your Court Appearance

by The Davis Law Group, P.C.

Courtroom etiquette has many written and unwritten rules and, as we all know, first impressions are lasting impressions, so how you appear and how you behave during your court appearance may have a significant impact on your case. In some extreme circumstances, bad behavior can result in jail time or a fine if you are found in contempt of court. To make a good first impression, you should familiarize yourself with the rules and make sure you adhere to them.

Planning for Your Day in Court

The courthouse is a place of employment for the judge and the court staff. As everybody else, they want to keep their work day smooth and efficient. By arriving on time and following the rules, you show the court the proper respect it deserves and allow the court to maintain efficiency. By doing so, you are also increasing your chances of a more favorable outcome.

October 19, 2018

Why Should I Choose The Davis Law Group, P.C. as my Chicago Area Traffic Lawyers?

by The Davis Law Group, P.C.

The traffic attorneys at The Davis Law Group, P.C. are passionate about what they do and will provide you with both knowledgeable and aggressive representation in the courtroom. Our priority is to minimize or completely eliminate the negative impact a ticket may have on your driving record and ensure the best possible result.

What distinguishes us from other traffic lawyers is our commitment to providing customized representation to our clients. That’s why we offer free initial consultations to our prospective clients, so we can analyze your situation and advise you of your options.

How Can The Davis Law Group, P.C. Help Me With My Illinois Traffic Ticket?

September 26, 2018

Can I get a Driver’s License in Another State with a Suspended or Revoked License?

by The Davis Law Group, P.C.

Having your driver’s license revoked or suspended can be a major inconvenience or even a life-altering problem. Losing your license can effect your work, family responsibilities, and personal life. We are often asked whether having your driver’s license suspended or revoked in one state will effect your ability to get a driver’s license in another state.

Most states, including Illinois, joined in an agreement called the Driver License Compact (DLC for short). The DLC is used to facilitate communicating information regarding people’s driving records between states. This means that if your driver’s license has been suspended in your home state, it will most likely prevent you from obtaining a license in the state to which you are moving. When you apply for a license, the local DMV (or its equivalent) will first check if your name appears in the National Driver Register’s (NDR) Problem Driver Pointer System (PDPS) which contains a list of names of people who have had their driver’s license revoked or suspended. If your name is listed in the NDR as “Not Eligible” you won’t be able to get a license in the given state.

If your driver’s license is revoked (not suspended) in your home state and you are a new Illinois resident, you can apply for a restricted driving permit one year from the date of the out-of-state revocation. In order to do so, you must have an administrative hearing before the Secretary of State and meet certain requirements. You are encouraged to seek competent legal representation to assist with this process.

September 6, 2018

Blood Alcohol Concentration (BAC) and Driving Under the Influence

by The Davis Law Group, P.C.

What is Blood Alcohol Concentration (BAC)?

Our clients facing Illinois DUI charges often ask us to explain Blood Alcohol Concentration (often referred to as Blood Alcohol Content or BAC). BAC is most commonly used as a measure of alcohol intoxication for legal purposes.

BAC is usually expressed as a percentage of ethanol in the blood in units of mass of alcohol per volume of blood. For example, a BAC of 0.08 means that there are 0.08 g of alcohol for every deciliter (100 milliliters) of blood.

August 17, 2018

New Illinois Law Increases Penalties for Texting While Driving

by The Davis Law Group, P.C.

Beginning July 1, 2019, a first offense of texting while driving will be charged as a moving violation in Illinois. Previously, a first cell phone violation was treated as a non-moving violation, and only second or subsequent texting violations counted against your driving privileges. The old law was in effect since 2014. Of course, fines and court costs also may be imposed under the new law.

It is important to note that the law doesn’t only apply to texting. Illinois law says that a person may not operate a motor vehicle on a roadway while using ANY electronic communication device.

The Illinois Secretary of State will suspend drivers over the age of 21 for three moving violation convictions within any 12-month period. For drivers under 21 years of age, a license suspension is imposed for just two moving violation convictions within a 24-month period.

July 30, 2018

Richard H. Teas Legislative Support Award Presented to Larry A. Davis

by The Davis Law Group, P.C.

Attorney Larry A. Davis, principal of The Davis Law Group, P.C., has been awarded the 2018 Richard H. Teas Legislative Support Award by the Illinois State Bar Association. The award acknowledges Mr. Davis’s work on behalf of the bar association’s legislative efforts in the Illinois General Assembly.

Mr. Davis has authored, co-authored and negotiated numerous laws primarily related to driving under the influence and driver’s license law. These laws include the Illinois summary suspension law, the offenses of driving while revoked and suspended, and the issuance of restricted driving permits following suspension or revocation. Additionally, Mr. Davis has spent countless hours in the analysis and negotiation of traffic and driver’s license law proposals. He has testified numerous times before the legislature on these various proposals.

This award was presented to Mr. Davis by Past-President of the ISBA and Retired Judge (Hon.) Russell W. Hartigan. It recognizes Mr. Davis’s continued leadership in the area of DUI, traffic and driver’s license law.

June 19, 2018

Illinois Driver’s License & ID Fraud

by The Davis Law Group, P.C.

The Illinois Secretary of State is cancelling large numbers of driver’s licenses and state IDs due to fraud. The Secretary of State processes and compares the photos of anyone who applies for or renews a driver’s license or state ID in a central digital database. Therefore, if you obtained a license or ID under a false name, date of birth or social security number, there is a high probability that the Secretary of State’s facial recognition system will flag your application.

While you may initially leave the facility with a temporary permit (paper license), the official plastic license or ID may never arrive. Months later, in it’s place, you may receive a Notice of Cancellation which indicates that you “committed a fraudulent offense in the making of an application” directing you to contact the Illinois Secretary of State Fraudulent Review Unit. In turn, the matter is turned over to a Secretary of State Police investigator. At that time, an in-person interview may be required.

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It isn’t unusual for the lawyers at The Davis Law Group, P.C. to work with individuals who committed the fraudulent offense a decade or two ago. These individuals may have previously renewed their driver’s license multiple times without any issues. The technology has changed over the years and allowed even very old instances of fraud to be uncovered.

June 1, 2018

Can I be charged with DUI for sleeping in my parked car?

by The Davis Law Group, P.C.

The DUI defense attorneys at The Davis Law Group, P.C. often represent clients who were trying to be responsible and “sleep it off.” Unfortunately, this area of Illinois law is complex. In Illinois, it is unlawful for a person to be driving OR in actual physical control of a motor vehicle while under the influence.

Under Illinois law, the phrase “actual physical control” means that a person was in the vehicle with the ignition key and able to exercise physical control over the vehicle by starting the engine and causing the vehicle to move. It is not necessary that you be actually driving the vehicle.

This means if you are in your car and have the “ability” to start the car and cause it to move, you can be charged with DUI. If the car is parked, the engine is off, the keys are on the floorboard, and you are asleep, you still may be considered to have the “ability” to start the engine and cause the car to move.

May 15, 2018

How Much are Overweight Truck Fines in Illinois?

by The Davis Law Group, P.C.

According to Illinois statute 625 ILCS 5/15-112(a), police officers only need a reason to believe that a truck is overweight in order to pull over the driver and require them to submit to the weighing of their truck. The officer can use portable or stationary scales or, if not available, the officer can require that the vehicle be driven to the nearest available scale. If the driver refuses to stop and submit his vehicle and load to weighing or removes any part of the load prior to weighing, he will be charged with this offense and face fines. In such cases, the driver could also face charges of fleeing and eluding. CDL holders need to be careful to avoid any and all offenses due to the potential impact on their driving record, insurance and employment.

Overweight laws are put in place because of the potential damage to roadways caused by overweight commercial vehicles. Excessive weight on certain roadways, which are not built to sustain such weight, can cause wear and tear or major damage.

According to 625 ILCS 5/15-113, the amount of the fine for an overweight truck shall be calculated in accordance to the schedule below (note that additional court costs and surcharges are often added to the amount of the fine). Please note: overweight fines in the City of Chicago can be found under 9-72-080 of the Chicago Municipal Code.

Chicago DUI Lawyer Blog

How are my Illinois driving privileges affected if I’m convicted of DUI in another state?

Courtroom Etiquette – How to Behave in Court and Prepare for Your Court Appearance

Why Should I Choose The Davis Law Group, P.C. as my Chicago Area Traffic Lawyers?

Can I get a Driver’s License in Another State with a Suspended or Revoked License?

Blood Alcohol Concentration (BAC) and Driving Under the Influence

New Illinois Law Increases Penalties for Texting While Driving

Richard H. Teas Legislative Support Award Presented to Larry A. Davis

Illinois Driver’s License & ID Fraud

Can I be charged with DUI for sleeping in my parked car?

How Much are Overweight Truck Fines in Illinois?

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