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Expertice

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CDL holders are often misinformed about their options after receiving a traffic ticket in Illinois. As a result, they often request court supervision or traffic school in hopes that the offense will stay off of their public driving record, only to find out later that it did not. While an attorney may be able to remedy this situation by reopening the case, it is better to handle these situations properly from the outset.

For many years, Illinois has provided a type of sentencing in traffic and criminal cases known as court supervision. Court supervision is not considered a conviction under Illinois law, and typically avoids the consequences a conviction may bring with it. 

In traffic cases, the advantage of receiving court supervision for the average driver is that it does not appear on the driver’s public record and, therefore, is not available to employers or insurance companies. Furthermore, it does not count towards a suspension or revocation of their driver’s license.

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All Illinois Secretary of State facilities are currently closed to the public. Emergency rules have been enacted to extend the expiration (in certain circumstances) of driver’s licenses, driving permits including Restricted Driving Permits, ID cards, vehicle registrations, and other transactions through the period of closure and for at least 90 days after the facilities have reopened.

To be eligible for the extension of your driver’s license or permit (including Restricted Driving Permits), your license or permit must have been valid as of March 17, 2020. If your driver’s license or permit expired before this date, this extension does not apply to you.

We do expect significant delays in assigning hearing dates, decisions from hearings, processing of permit requirements, and the issuance of driving relief when the Secretary of State eventually reopens. 

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DuPage County DUI Defense Attorney Case Study

The DUI defense attorneys at The Davis Law Group, P.C. have an unmatched understanding of the Illinois Vehicle Code, especially DUI law. Our in-depth knowledge of the law, combined with our experience in both negotiation and litigation of DUI cases, allows us to achieve the most favorable results for our clients who have been charged with driving under the influence throughout Illinois including the Wheaton Courthouse in DuPage County.

DUI Defense Case Study – DuPage County, Illinois

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Although necessary for the greater good, the ‘Shelter in Place’ order imposed by Illinois, among other states, may have unintended effects on many of our clients and others with past drug or alcohol dependency.

The closure of bars, restaurants and other gathering places along with the social distancing recommendation encouraged by the government and media is resulting in a higher degree of isolation. The inability of the average person to socialize with others may result in the onset of anxiety, loneliness and depression. As a consequence, those individuals susceptible to such feelings may attempt to ‘self-medicate’ through the consumption of alcohol or drug-use. These feelings may make it even more difficult for those with pre-existing alcohol or drug problems who are in recovery to avoid relapse.

Recent media reports have indicated that there has been a substantial increase in alcohol and marijuana purchases during the current COVID-19 health crisis. Liquor stores and cannabis dispensaries are both deemed essential businesses and remain open. Bars and restaurants still have the ability to sell alcohol to customers through delivery as well as curbside pick-up.

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Due to the health concerns surrounding the spread of COVID-19, many upcoming court appearance dates in Illinois have been postponed. This includes court dates scheduled throughout the primary geographic area of our legal practice: Cook County, Lake County and DuPage County. The details below are related to criminal and traffic cases. For the most up-to-date information, please review the information posted by the Clerk of the Circuit Court in the county where your case is pending.

Cook County Courthouses

Most court appearances scheduled from March 17, 2020 through April 15, 2020 will be rescheduled.

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If you are under the age of 21, you face stiff penalties for alcohol-related offenses under Illinois law. Aside from the possible criminal penalties, which may include jail time, community service, traffic safety school and/or high fines and court assessments, the Illinois Secretary of State may impose a driver’s license suspension or revocation for many of alcohol-related offenses as follows:

Illegal Transportation of Alcohol 

  • Conviction – 12-month driver’s license suspension
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The U.S. Immigration and Nationality Act requires that applicants meet a ‘good moral character’ standard that is defined as ‘adherence to generally accepted moral standards of the community’. Until October 25, 2019, DUI was not used as the basis for a finding that an applicant was not of good moral character and, generally, did not carry any immigration consequences. Now, under a new directive from the U.S. Attorney General, evidence of two or more DUI convictions establishes a presumption that the non-citizen is not of good moral character and immigration relief may be denied.

Evidence of rehabilitation after the DUI arrests is not enough to challenge the presumption that the non-citizen is not of good moral character. Evidence would need to be presented that the non-citizen sustained good moral character throughout the relevant look-back period, including at the time of the arrests.

Crimes of Moral Turpitude & Consequences

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The Davis Law Group, P.C. is a law firm based in Northfield, Illinois, a short distance from the Rolling Meadows Courthouse. Our attorneys focus on criminal defense, with a concentration in DUI defense and traffic law.

Our approach to defending our clients in court combines a comprehensive understanding of Illinois criminal, DUI and traffic law and a wealth of experience in litigation and negotiation to achieve the most favorable outcome for our clients. Protecting our clients’ freedom, rights and driving privileges is our ultimate goal.

Our DUI defense attorneys represent clients at the Rolling Meadows Courthouse, also known as the Third Municipal District located at 2121 Euclid Ave. One of our recent successes is outlined below.

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On October 29, 2019, the Illinois House passed Senate Bill 1786 known as the License to Work Act. The Act has now passed both houses of the Illinois legislature and awaits the Governor’s signature.

Over the last 30 years, laws have been passed authorizing the suspension of a person’s driver’s license as a means of collecting past due parking ticket fines, tollway violations and fees owed to the Illinois Commerce Commission. The License to Work Act removes the authority of the Secretary of State to suspend driving privileges for such reasons.

The legislation also provides for restoration of driving privileges for those persons who have previously had their license revoked, suspended or cancelled for non-payment of parking tickets or tollway violations or fees owed the Illinois Commerce Commission. Those suspended for unpaid parking tickets account for the largest portion of those impacted by the new legislation.

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