Clients seeking help with a DUI or another serious traffic matter often tell us that their vehicle was seized by the police at the time of their arrest and want to know whether they can get it back.
When can the police seize and forfeit a vehicle?
Illinois law provides for the seizure and forfeiture of vehicles in the case of certain offenses including:
Drivers who have been revoked for DUI in Illinois often ask our driver’s license attorneys how long they are required to drive on a breath alcohol ignition interlock device (“BAIID”) or whether they are required to have a BAIID at all.
Drivers who have one DUI revocation and do not have a prior suspension from a previous DUI (as a result of failing a test or refusing testing) are not required to have a BAIID device installed on their vehicle. On the other hand, driver’s who have one DUI revocation and have also lost their license due to a suspension on a prior DUI are required to have a BAIID device installed on their vehicle as a condition of obtaining a restricted driving permit (“RDP”). The driver must then drive on the RDP with the BAIID for 75% of the period it is issued before the Secretary of State will consider full reinstatement.
An Illinois resident with 2 or 3 DUI convictions must drive with a BAIID for a period of 5-years before they can be considered for full reinstatement (regardless of their ‘reinstatement eligibility date’).
Gov. J.B. Pritzker signed a new law today which will legalize the recreational use of cannabis beginning January 1, 2020. Many of our clients have asked if it will now be legal to smoke cannabis and drive.
What does the current DUI law say?
In Illinois, it is illegal to drive or be in physical control of a vehicle while under the influence of cannabis or with a THC concentration of 5 nanograms or more within 2 hours of driving. THC is the active metabolite of cannabis. It is the ingredient in cannabis that produces the hallucinogenic effects of the drug. The new recreational use law does not change existing Illinois DUI law. This means that, just as in the case of alcohol, the use of cannabis which causes impairment or its presence in a person’s blood above the legal limit within 2 hours of driving or being in physical control of a vehicle is still illegal, and can result in a DUI arrest.
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How do I find criminal case or traffic ticket information in Illinois?
The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.
The Davis Law Group, P.C. is a Cook County based law firm that focuses on criminal law and DUI defense. The key to our successful client representation is a combination of an in-depth knowledge of the Illinois law and our skilled approach to negotiation and litigation of our clients’ cases in court. We combine this knowledge with a custom approach and strategy for each case, which allows us to reach the most favorable outcome for the clients that we represent.
DUI Defense Case Study – Bridgeview Courthouse
This is a case study of one such client who recently came to us facing incarceration in the Illinois Department of Corrections after being charged with DUI. He was ultimately acquitted. The DUI defense lawyers at The Davis Law Group, P.C. defended this client at the Bridgeview Courthouse, more formally known as Cook County’s Fifth Municipal District Courthouse. This particular DUI arrest occurred in Oak Lawn, Illinois and the case was brought to a bench trial by attorney David Mennie of The Davis Law Group, P.C.. Our legal team regularly represents clients with a variety of charges at the Bridgeview Courthouse.
Every year, our attorneys see a variety of important changes to Illinois traffic laws. Here are a few of the new Illinois traffic-related laws effective in 2019.
1. Your first cell phone ticket will count as a moving violation. A first offense violation of the law prohibiting the use of electronic devices while driving will be charged as a moving violation. Under previous Illinois law, this offense only constituted a moving violation after a 2nd or subsequent offense. Fines under the new law are set at $75.00 – 1st offense; $100.00 – 2nd offense; $125.00 – 4th offense; and $150.00 – 4th or subsequent offense. These fines do not include mandatory fees/court costs. This law will become effective July 1, 2019.
2. You are no longer required to sign your citation in order to be released. A person who is stopped for a petty traffic offense, which includes most ordinary traffic offenses under the Illinois Vehicle Code, is no longer required to sign the citation in order to be released. Please note that petty offenses do not include more serious traffic offenses such as DUI, Driving While Revoked or Suspended, Reckless Driving, Leaving the Scene or an Accident, Drag Racing, etc. This law became effective January 1, 2019.
Our Lake County DUI defense attorneys have an in-depth knowledge of Illinois DUI law and the ability to negotiate and litigate to secure the best possible outcome for our clients. Below is a recent case handled by the defense attorneys at The Davis Law Group, P.C. at the Waukegan Courthouse in Lake County, Illinois.
DUI Defense Case Study – Hawthorn Woods, Lake County, Illinois
The case summary below relates to a DUI arrest that occurred in Hawthorn Woods, Illinois. The case was assigned to the Waukegan Courthouse, more formally known as the 19th Judicial Circuit Court. This particular courthouse hears misdemeanor and felony cases that originate throughout Lake County, Illinois.
The Chicago DUI defense attorneys at The Davis Law Group, P.C. have decades of combined experience representing clients facing DUI charges as well as other traffic-related cases. Our approach combines a comprehensive knowledge of Illinois DUI law with the ability to negotiate and litigate in order to secure the most favorable outcome for our clients.
Chicago DUI Defense Case Study – Cook County, Illinois
The summary below describes a recent case handled by the DUI defense lawyers at The Davis Law Group, P.C. This specific DUI arrest occurred in the City of Chicago and was litigated at the Daley Center located in downtown Chicago. This particular courthouse is officially known as the Circuit Court of Cook County’s First Municipal District.
Submitting to a breath test offered by a police officer has a variety of potential consequences. Of course, the question itself assumes that you have a choice – either agreeing or refusing – but do you? What is the difference between a breath test taken on the street after you are stopped by the police and the breath test offered back at the station after you have been placed under arrest for DUI? Are you required to take the physical field sobriety tests? Illinois DUI law is complex, our defense attorneys have provided guidance on these questions below.
A PBT is sometimes, not always, offered to drivers on the street before they are placed under arrest for DUI. The vast majority of PBT’s are not certified or calibrated the same way as the evidentiary breath test, which is offered at the police station. PBT’s can only be used for probable cause purposes to arrest a motorist for DUI but may not be used as evidence at trial.
Below are answers to frequently asked questions regarding driving records in Illinois. Driving records are different across all 50 states. Illinois driving records are maintained by the Illinois Secretary of State. They also are often referred to as driving record abstracts and motor vehicle records (MVR).
Published by The Davis Law Group, P.C.