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Can you expunge a DUI from your record?

 Posted on October 15, 2021 in DUI Law

Facing a DUI charge is nothing to take lightly. After all, if a court convicts you of DUI, you could have that mark on your record for the rest of your life. Unlike other states, Illinois law does not allow for the complete expungement of a drunk driving charge or conviction from your record.

As you may already understand, having a DUI conviction or even just an arrest could seriously affect future opportunities from housing to employment. Even if the DUI charge was reduced or dismissed, the arrest could still appear on your record and make you seem like a less-desirable prospect in some cases. Now, you may wonder if you have any options for addressing that mark on your criminal record.

Bill proposal may help

Earlier this year, a bill proposed in Illinois would allow DUI arrests and charges to be sealed but not entirely expunged from a person's record. While an expungement acts almost like an erasure except under certain circumstances when officials need to access a person's criminal record, sealing a person's record keeps it from being accessible to just anyone while keeping it on record. So, if a future employer, for example, wanted to check an applicant's driving or criminal record, the DUI charge would still show up.

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How will I get to work if I can't drive?

 Posted on September 21, 2021 in DUI Law

In Illinois, drunk driving is a very serious offense that the state does not take lightly. Because it only takes one drunk driver to take the lives of so many people. The laws surrounding the consequences of these offenses are serious.

It can be difficult to prevent people from driving drunk or under the influence of drugs, which is why of the 300,000 daily DUIs, only 3200 of them end in an arrest. To help put an end of DUIs, it can be common for a judge to take a driver's license. Despite the outcome of their charges, a defendant still needs to fulfill the other obligations of life, like getting to work. But how can you get to work without a license?

Alternatives to driving

Instead of risking your rights and freedom by driving without a license, there are other options you can choose from to still make things work. Some options include:

  • Public transportation
  • Rideshares like Uber or Lyft

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What is your defense against domestic battery accusations?

 Posted on September 11, 2021 in Criminal Defense

Facing criminal charges of any kind will have a significant effect on your future. Even the accusation of participating in a criminal activity can ruin your reputation and cause impacts in virtually every area of your life. It is in your interests to know how to best fight back and protect yourself against both formal charges and their potential effects. Your best defense strategy starts as soon as possible after an arrest, filing of charges or initiation of a criminal investigation.

Accusations of domestic violation are serious, and you should not underestimate the grave nature of the potential repercussions if convicted. Domestic violence charges often overlap family law and other types of cases, and building a defense can be complex. It is in your interests to begin developing your strategy at the first sign of legal trouble.

What is domestic violence?

Domestic violence is a type of crime that involves acts of violence and threats of violence in any type of domestic relationship. These crimes often involve cycles of violence and commonly include instances of both physical and psychological abuse. Domestic violence can involve a range of different criminal charges, depending on the types of injuries the victim has, whether a minor witnessed the event and whether the accused violated the terms of a protective order.

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Drunk driving charges follow a car accident in Illinois

 Posted on September 01, 2021 in DUI Law

An Illinois driver is facing potentially significant penalties after crashing his vehicle into a signpost. Law enforcement arrested the man, believing that he was under the influence of alcohol at the time of the accident. If convicted of the drunk driving charges he is facing, he could suffer repercussions that could include time behind bars, loss of driving privileges, expensive fines and more.

Arrested and charged

The report indicates the driver struck a sign post along Broadway Avenue in Joliet, but police were not able to pull the driver over until he was several miles away. At the time of the traffic stop, he had two children in the car with him, ages 8 and 11. That evening, he was booked into the Will County Jail on the basis of aggravated driving under the influence and endangering the life and health of a child.

The vehicle came to the attention of law enforcement after noticing damage to the vehicle. Police noted the car had flat tires and other damage. After seeing this, Illinois police suspected he was the driver who struck the signpost and fled.

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The serious impact of opiate-related criminal charges

 Posted on August 21, 2021 in Opiate Offenses

Drug charges in Illinois can result in serious penalties if one is convicted of this type of criminal accusation. It is critical to mount a strong defense when facing drug charges of any kind, including opiate-related charges. A conviction can lead to consequences that may include time behind bars, expensive fines, loss of reputation and more. When facing opiate charges, it is critical to develop a strong defense strategy.

Consequences one could face

The severity of the consequences an individual may face after a conviction for opiate-related crimes depends on the details of the individual case, his or her criminal history and other factors. In addition to the potential for time behind bars, one may also face penalties that can include:

  • Expensive fines and penalties
  • Loss of educational opportunities
  • Loss of college or university scholarships or financial aid
  • Challenges finding employment

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What evidence might officers look for in a DUI stop?

 Posted on August 20, 2021 in DUI Law

The idea of getting into any kind of legal trouble can stress out any Illinois resident. Unfortunately, almost anyone could end up in a situation where a police officer believes the person has violated the law in some way. One of the most common of these situations is when police believe that a person has consumed alcohol before getting behind the wheel of a vehicle.

As you know, drunk driving is a serious issue on roadways across the country. While officers have a duty to keep these roadways as safe as possible, it is not unheard of for officers to make a mistake when accusing someone of drinking and driving. If you find yourself facing criminal charges for DUI, understanding the evidence needed for such a charge may prove useful to your defense.

Evidence officers look for

Even if a police officer stopped your vehicle for an unrelated reason, such as noticing your brake light was out or thinking you were texting and driving, it is possible for that traffic stop to turn into a DUI investigation, which may have happened to you. While officers investigate to determine whether the situation warrants an arrest, they often look for the following details to use as evidence:

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There were fewer DUIs in Illinois during 2020

 Posted on August 05, 2021 in DUI Law

Over the past year, more people have been home, and fewer people have been going out. For a significant portion of 2020, people were not in bars, restaurants and other places where alcohol is served. Because of this, statistics indicate there were fewer DUIs in Illinois over the course of 2020, but it is possible the number will rise as more people begin to function as normal in 2021.

The pandemic and traffic violations

The Alliance Against Intoxicated Motorists releases an annual survey of all drunk driving arrests over the past year, and the 2020 report indicates the pandemic had a significant impact on certain behaviors. It is likely this decrease is related to limited restaurant and bar service during the majority of the shutdown. There were also fewer people on the roads at this time.

The number of DUI arrests was down in most jurisdictions that typically see high DUI numbers each year. Illinois police departments continue to make drunk driving enforcement a priority, especially as more people return to normal schedules. In addition to drivers under the influence of alcohol, some have said drivers under the influence of cannabis is also a growing concern.

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Legal marijuana and driving under the influence in Illinois

 Posted on July 09, 2021 in Drug Offenses

In 2020, Illinois was the 11th state in the United States to legalize marijuana use for recreational purposes. Adults over the age of 21 can now purchase marijuana from licensed sellers without fear of arrest and criminal charges. You may believe this is a positive step for many in the state, but it is important to note that there are strict laws regarding the purchase and use of recreational marijuana.

The passage of this law does not mean there are no more regulations on marijuana. Misuse of recreational marijuana can still result in arrest and grave charges, especially if you drive while under the influence of this type of drug. If you are facing charges for operating a vehicle after using legal recreational marijuana, you would be wise to take your situation seriously and develop a strong defense strategy.

Facts about recreational marijuana in Illinois

It is in your interests to understand the recreational marijuana laws in the state in order to avoid problems. The following facts may be helpful to you:

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The right defense against opiate-related charges is crucial

 Posted on May 10, 2021 in Opiate Offenses

Any type of drug charge represents a serious threat against one's future. If convicted of a drug crime in Illinois, it may could result in significant time behind bars, expensive fines and more. This is also true for those facing allegations of opiate-related drug charges. It is essential to have the right defense in order to effectively confront the prosecution's case.

Crimes related to opiates

Opioids are drugs derived from the poppy plant, and common opioids include heroin, methadone, fentanyl and hydrocodone. Opioids are often used as prescription painkillers, and for many, this has led to a dependence on this type of substance. It is common for a genuine medical need to lead to drug addiction after exposure to highly addictive opioids. This may then lead to behavior that is uncharacteristic, and eventually, the struggling individual may find himself or herself facing charges.

In addition to incarceration, an individual convicted of an opiate-related crime could also face loss of educational opportunities, loss of reputation and more. It is essential for one to be proactive in his or her defense and understand the gravity of the legal situation. This can start as soon as possible after an arrest or even during the investigative stage of the case.

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Could you have a mark on your criminal record expunged?

 Posted on May 05, 2021 in Criminal Defense

Having a criminal record can greatly affect a person's life. You may have a minor mark on your record that has come back to haunt you various times, such as when applying for a job or applying to rent an apartment. You may believe that the mark on your record is unfair itself or is putting you at an unfair disadvantage when it comes to personal opportunities. Now, you may wonder if there is anything you can do about it.

In some cases, individuals may be able to have their record expunged or sealed in Illinois. However, stipulations do apply, and not everyone or every crime qualifies for expungement. As a result, you would be wise to have the right information about how it could apply to your specific case.

Are expungement and sealed records the same?

You may have heard some people referring to having a record expunged and a record sealed as if the terms were interchangeable. However, “expunged” and “sealed” do refer to two different processes that have differing outcomes for the individuals. For example, if you have your record sealed, the public does not have access to that information, including employers, creditors and others. With sealed records, however, parties associated with the criminal justice system could still access the information in those records.

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