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When Can Drunk Driving Lead to Felony DUI Charges?

 Posted on February 22, 2021 in DUI

DuPage County criminal defense attorney felony DUI

All DUI charges are serious, and a conviction for driving under the influence of alcohol, marijuana, or other drugs can lead to the revocation of your driver’s license, the requirement to use an ignition interlock device in your vehicle, significant fines and legal fees, and even a prison sentence. However, you may face even more serious charges if you are accused of committing aggravated DUI, which is a felony offense.

Aggravating Factors in DUI Cases

In most cases, a first-time DUI or a second DUI will be charged as a misdemeanor. A third or subsequent DUI will be charged as a felony. A conviction will result in a 10-year driver’s license revocation for a third offense and a lifetime revocation for any subsequent offenses.

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How Can I Get My Driver's License Back After a Suspension or Revocation?

 Posted on February 09, 2021 in Traffic Law

DuPage County criminal defense attorney DUI

There are multiple ways that you could lose your driver’s license. Drunk driving is one of the most common reasons for the loss of driving privileges. A first-time DUI conviction will result in a one-year driver’s license revocation, and longer revocations will apply to second or subsequent DUI convictions. However, even if you are not convicted of DUI, you will be subject to a statutory summary suspension of your license if a chemical test performed after being arrested showed that you had a blood alcohol content (BAC) of .08 percent or more or if you refused to take a chemical test. Other potential reasons for license suspension or revocation include receiving three traffic violations within a single year or failing to pay child support.

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New Criminal Justice Reform Law Eliminates Cash Bail in Illinois

 Posted on January 25, 2021 in Criminal Law

DuPage County criminal defense lawyer

Those who are facing criminal charges often struggle to navigate the justice system. In many cases, defendants are forced to remain in the custody of law enforcement because they cannot afford to pay the amount of bail set by a judge. This has led to increased rates of incarceration for people with low incomes and also people of color. Recently, Illinois took a huge step to reform this system by passing a new law that will eliminate monetary bail, along with a variety of other changes to the criminal justice system.

HB 3653 Addresses Detainee Rights and Police Accountability

House Bill 3653 was passed by the Illinois General Assembly on January 13, 2021. While it has not yet been signed into law, Governor J.B. Pritzker has indicated his support for the changes that the new law will be implementing. Perhaps the most significant change is the elimination of cash bail, which will keep non-violent offenders from being held in prison simply because they cannot pay bail, while also preventing violent offenders from being released because they are able to raise the amount of bail set by a judge. This change will go into effect on January 1, 2023.

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Can I Still Face Drug Charges for Marijuana Possession in Illinois?

 Posted on January 11, 2021 in Drug Charges

DuPage County criminal defense attorney marijuana possession

January 1, 2020, was a landmark day in Illinois since it marked the legalization of marijuana for recreational use in the state. Currently, marijuana is treated much like alcohol, in that adults over the age of 21 are allowed to possess and use certain amounts of the drug, but they are prohibited from driving while intoxicated. However, even though marijuana has been legalized, people should still be aware that violations of the state’s laws could lead to charges of drug possession or other criminal offenses.

Potential Marijuana-Related Charges in Illinois

Currently, Illinois residents over the age of 21 are allowed to possess up to 30 grams of raw cannabis, up to 5 grams of cannabis concentrates, or cannabis-infused products with up to 500 milligrams of THC. Non-Illinois residents can possess half of these amounts. Authorized medical marijuana users may possess up to 2.5 ounces of raw cannabis or products containing cannabis during a 14-day period. Cannabis and products containing cannabis must be purchased from a licensed dispensary. When transported in a vehicle, marijuana must be kept in a sealed container.

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What Activities Can Lead to Theft Charges During the Holidays?

 Posted on December 21, 2020 in Theft

DuPage County criminal defense attorney retail theft

While the holiday season is usually a time of peace and joy, running into trouble with the law can cause difficulty for a person and his or her family during this time. Theft is an issue that can affect many people during the holidays, and it can take multiple different forms. Retail theft often increases during the holiday shopping season due to crowded stores. Package theft, in which items are stolen from a person’s porch or doorstep, is also likely to occur during the holidays, especially in 2020, when many people are shopping from home due to the COVID-19 pandemic. Those who have been accused of committing theft should be sure to understand the specific criminal charges that may apply, and they will want to secure legal representation from an experienced criminal defense attorney who can help them determine how they can achieve a positive outcome to their case.

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Have Illinois Domestic Violence Cases Increased Because of COVID-19?

 Posted on December 08, 2020 in Criminal Law

DuPage County criminal defense attorney domestic abuse

The COVID-19 crisis has been a global emergency, leading to hundreds of thousands of deaths and millions of hospitalizations in the United States alone. In addition to creating health concerns, the pandemic has affected many other aspects of our lives. The ongoing upheaval people are experiencing has led to concerns about increases in the rates of domestic violence. Those who have been accused of committing these types of crimes will want to work with a criminal defense attorney to understand the nature of the charges they may face and their best strategies for defense.

Domestic Violence During the Pandemic

While the COVID-19 pandemic has had a major impact on everyone’s lives, its full effects will probably not be understood for at least several years. Advocates have raised concerns about the possibility that domestic violence may increase due to a variety of factors. Financial stress due to job losses, as well as difficulties dealing with issues such as school closures, have caused increased tension in some households. Disagreements between spouses, partners, or other family members may get out of control, leading to claims that one person has committed acts of assault or abuse. In addition to these concerns, requirements to stay at home and avoid social gatherings may have isolated some victims of abuse, leaving them with few options to leave a dangerous situation. 

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DUI Arrests May Increase During Thanksgiving in DuPage County

 Posted on November 24, 2020 in DUI

DuPage County criminal defense attorney DUI

Typically, Thanksgiving is one of the most dangerous times of the year on our nation’s roadways. Those who get together with family and friends during the holiday often drink alcohol, and when combined with increased amounts of travel, this can lead to car accidents caused by drunk driving. Things may be somewhat different in 2020 since concerns about COVID-19 are leading many to stay at home and avoid large gatherings. However, a large number of people will still be engaging in holiday travel and get-togethers, and because of this, Illinois law enforcement officials will be on the lookout for drunk driving, and they will be prepared to arrest those who are suspected of driving under the influence (DUI).

Law Enforcement Efforts to Reduce Drunk Driving Deaths

Hundreds of traffic fatalities occur during the Thanksgiving holiday every year in the United States. Even with the extraordinary circumstances that have affected people’s lives in 2020, the National Safety Council (NSC) has estimated that nearly 500 people will lose their lives between Wednesday evening and Sunday of Thanksgiving weekend. To help prevent car accidents, the Illinois State Police and other local law enforcement agencies will be conducting increased safety patrols. These patrols will continue through Monday, November 30, and they are likely to lead to high numbers of DUI arrests.

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How Are Juvenile Theft Charges Handled in Illinois?

 Posted on November 16, 2020 in Juvenile Law

DuPage County criminal defense attorney juvenile theft

Being arrested and charged with a crime can be a frightening experience for anyone, but it can be especially worrisome for minors. Children who are still maturing may make mistakes without realizing the consequences of their actions. Unfortunately, juvenile offenses can impact a child’s future, affecting his or her ability to find a job or pursue education. Juvenile theft is one of the most common charges that minors may face, and parents will want to understand the procedures that will be followed in juvenile courts and the potential consequences their child may face.

Juvenile Court Cases Involving Theft

Minors may be charged with multiple different types of theft. Charges related to shoplifting or retail theft are among the most common, but children may also be arrested on suspicion of offenses such as motor vehicle theft or theft of property. The severity of the charges will depend on the value of the property stolen. For example, retail theft of items valued at $300 or less is a Class A misdemeanor, but retail theft of property worth more than $300 is a Class 3 felony.

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What Happens if I Refuse a Breathalyzer Test in Illinois?

 Posted on October 30, 2020 in DUI

DuPage County criminal defense attorney DUI

If you have taken a driver’s education course in the state of Illinois, you have likely seen informational videos about the dangers of driving intoxicated. They often show graphic car accident scenes, emotional testimonies from family members who have lost loved ones, and a dramatic moment when the police officer asks the driver to blow into their gun-like device, commonly known as a breathalyzer. Rightfully so, these videos are meant to scare Illinois drivers into driving sober at all times. While it is never a good idea to drive after multiple drinks, many motorists will still get behind the wheel after a few too many. You may think that you will never find yourself in this situation, but it is important to be aware of the laws surrounding chemical testing if you are ever stopped by an officer.

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How Do Construction Zones Affect Traffic Violation Charges?

 Posted on October 08, 2020 in Traffic Law

DuPage County criminal defense attorney traffic violation

Road work areas are a common sight on Illinois roads. While they can be a nuisance, leading to slow traffic and difficulty navigating unfamiliar traffic patterns, they can also lead to serious consequences for drivers who commit traffic violations. Failure to follow traffic laws in construction zones can result in expensive tickets, and drivers may even face criminal charges in some cases.

Construction Zone Speeding Violations

The speed limit is usually lowered in work zones, and signs will be posted notifying drivers that they must reduce speed and displaying the fines a person may face for speeding in a construction zone. Work areas are often closely monitored by police officers, or photo enforcement may be used to ensure that motorists are taking the proper measures to protect the safety of workers. Drivers are required to follow work zone speed limits even if there are no workers present.

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Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.