Penalties

Drive too fast and you might go to jail. No, seriously. And if you have been pulled over for speeding by a State Trooper, you may have been told the same thing. Under a new law in Illinois, speeding 35 MPH over the posted limit is a Class A misdemeanor. Prior to 2014, a motorist […]

Article 36 Forfeiture Illinois

For years, DUI offenders have had to worry about their driver’s licenses and the possibility of incarceration. But recently, prosecutors have given defendants another cause for concern. The government can seize a DUI offender’s vehicle, and after a process called civil forfeiture, sell the vehicle at auction and keep the proceeds. The process takes place […]

Penalties for first DUI offense in Illinois

by Lewis Gainor on February 4, 2013

DUI Laws and Penalties for 2013

In the year 2014, driving under the influence remains one of the most highly politicized offenses in Illinois courts. There is no offense that will get a prosecutor fired quicker for giving a good deal than DUI. In these cases, Assistant State’s Attorneys are always wary of how it will look after they give the […]

Article 36 Seizure

State lawmakers in Springfield made a significant change to the Illinois Vehicle Code in 2013. The change is important because it could impact a person who was charged with driving under the influence. The law in our state allows law enforcement officers to seize property that was used in the commission of a criminal offense. […]

Drowsy driving laws: the next chapter in DUI prosecution

by Lewis Gainor on December 1, 2012

Illinois Drowsy Driving | Sleepy Driver Laws

Driving under the influence is a crime that has generally remained the same over the years. The elements are basically that the defendant was: 1) driving and 2) under the influence. While the elements of the offense remain unchanged, the penalties for DUI change every year. And they change in only one direction, they are […]

A person who is arrested for driving under the influence is confronted with two problems. First, he faces criminal penalties imposed by a court of law. At the present time, a first offense of DUI is categorized as a Class A misdemeanor offense. The potential penalties include up to one year in jail and a […]

Penalties for a first DUI in Illinois in 2012

by Lewis Gainor on January 16, 2012

Illinois DUI Laws 2012

We return in 2012 for an update on the law against driving under the influence in the state of Illinois. While crimes such as domestic battery, theft, and murder have not changed in decades, the laws on DUI are changing every year. The statute that prohibits driving under the influence of alcohol or drugs remains […]

Reckless Driving | 11-501 DUI

A preferred outcome in many driving under the influence cases is reckless driving. The reason is reckless driving does not impact a person’s driving privileges in the same way as a DUI. The Secretary of State is mandated by law to revoke the driver’s license of any person who is convicted of DUI. The statute […]

Driver’s license suspension and DUI: not related

by Lewis Gainor on November 8, 2011

Summary Suspension | Not Guilty of DUI

One issue from an arrest for driving under the influence that is confusing is the difference between the summary suspension and the criminal offense of DUI. Many people believe that if you are found not guilty of DUI, then your driver’s license will not be suspended.  This is not true. Unfortunately, the law on DUI […]

Summary suspension and supervision: not the same

by Lewis Gainor on September 8, 2011

Difference Between Supervision and Summary Suspension

Many people are confused about the difference between a summary suspension and supervision. The two may sound alike, but they are very different. A summary suspension concerns your driver’s license. Your license to drive is suspended usually 46 days after an arrest for driving under the influence. The suspension is called a statutory summary suspension. […]