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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…
We are closely tracking the rapidly evolving public health and community concerns related to the spread of COVID-19. Rest assured that The Davis Law Group, P.C. is taking all available steps to remain accessible to our clients as we continue to act in accordance with their best interests during this difficult time. Please see below for answers to some frequently asked questions, and feel free to reach out to us for assistance with your legal matter. Is your office currently open? Yes, our office remains open during regular business hours. To comply with social distancing recommendations, we are taking steps…
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. Misdemeanor and traffic cases will be…
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 Zero Tolerance while Driving 1st Offense – BAC above a .00 – 3-month driver’s license suspension 1st Offense – Test Refusal – 6-month driver’s license suspension 2nd Offense – BAC…
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…
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…
Speeding tickets and other moving violations are assigned a certain number of points on your Illinois driving record depending on the specific offense. Speeding tickets can vary between a minimum of 5 points and a maximum of 50 points as follows: Speeding 1-10 MPH above limit – 5 points Speeding 11-14 MPH above limit – 15 points Speeding 15-25 MPH above limit – 20 points Speeding 25+ MPH above limit – 50 points Speeding in a school zone – 20 points Speeding in a construction zone – 20 points How does the Illinois point system work? The significance of points…
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…
If your driving privileges are suspended or revoked in Illinois, you may be unable to obtain or renew your driver’s license in the state in which you reside due to the hold that Illinois has placed on your ‘National Driving Record’. This may occur even if you never lived in Illinois or never obtained an Illinois driver’s license. Most states will not issue or renew your driver’s license until the hold has been lifted and your National Driving Record is clear of suspensions or revocations from Illinois or any other state. Most holds in Illinois result from either a revocation…
While the vast majority of offenses for driving under the influence of alcohol or drugs (DUI) are filed and heard in state courts, DUI may also be charged as a federal offense. Most commonly, federal DUI charges arise in situations where the offender is stopped on the property of a federal military installation, national park, national monument, post office or on other federal property. DUI on National Park Service land If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6-months incarceration, a $5,000.00…
The Waukegan DUI attorneys at The Davis Law Group, P.C. have an unparalleled understanding of Illinois DUI and traffic law and years of experience representing clients at the main Lake County courthouse located in downtown Waukegan. Our DUI lawyers are prepared to fight to protect your freedom and driving privileges. DUI Defense Case Study – Lake County, Illinois The case study detailed below is the recent story of our client who, after allegedly failing field sobriety tests, was arrested for driving under the influence of alcohol by the Illinois State Police. Defense Attorney David Mennie, one of our experienced Lake…
A school bus permit is required to transport school children through 12th grade for a public, private or religious school in a school bus or any other approved vehicle owned by or operated for a school or religious institution over a regularly scheduled route. School bus permit holders are subject to strict rules and regulations, especially when it comes to traffic tickets. School Bus Permit Requirements Permit holders must be at least 21 years of age, have held a valid license for the previous three years prior to application for a school bus permit, complete a classroom training course,…
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: Felony DUI Aggravated Fleeing and Eluding Driving While Revoked (when the revocation is based on a previous conviction for DUI) Leaving the Scene of an Accident Involving Personal Injury or Death Reckless Homicide Driving While Suspended…
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…
Individuals convicted of DUI often ask our Illinois license reinstatement attorneys when they will be eligible to obtain their full driving privileges. This question has become more and more complicated due to changes that have occurred in Illinois law over the last several years. Generally, in order to determine an accurate eligibility date, the driver must take two factors into account: the length of the statutory summary suspension (“SSS”) and the length of the DUI revocation. The length of the SSS can be anywhere from 6-months to 3-years depending on whether the person is a first offender or second…
Earlier this week, Illinois enacted one of the most far-reaching cannabis legalization laws of any state in the country. The law, which becomes effective January 1, 2020, contains provisions for the expungement of cannabis-related offenses. Over the past decades, hundreds of thousands of Illinois residents (and non-residents) have been arrested for cannabis-related offenses and, as a result, have arrest records that have affected their lives by negatively impacting their ability to gain admission to educational institutions, ability to obtain employment, secure professional licensing and in a variety of other ways. Recognizing the harm that these offenses have had on the…