Lewis Gainor, Attorney at Law
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. [...]
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 [...]
The Associated Press interviewed me recently on new legislation in Springfield that would change parts of the vehicle code. Read the AP story from March 10, 2012. There is an important lesson about DUI laws in the article. Representative Jerry Costello, D-Smithton, introduced House Bill 5099 to make it illegal to use a cell phone [...]
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 [...]
There are very strict rules under Illinois law governing a commercial driver’s license. If you have a commercial driver’s license (CDL), you have to be careful. There are certain offenses that will cause the Secretary of State to disqualify you. These charges may look like any other traffic ticket. You may have a traffic court [...]
If a person is found guilty of driving under the influence in Illinois, and he has no prior offenses of DUI or reckless driving, then the judge is authorized to sentence the defendant to court supervision. Supervision is generally the disposition sought after by attorneys. As discussed in other articles on this blog, supervision is [...]
The Illinois Criminal Justice Information Authority is a state agency that studies our court system closely. From time to time, I read the summaries on their site. They have been tracking the increasing frequency of probationary sentences for driving under the influence and other vehicle code offenses. Their statistical survey proves that judges are cracking [...]
The state legislature has added a new provision to the forfeiture statute in Illinois for 2011. This new law provides prosecutors another way to penalize intoxicated drivers. The law in Illinois allows the police to tow the vehicle of any person who was arrested for driving under the influence. Most municipalities impose a $500 administrative [...]
The state legislature added another offense to the Illinois Vehicle Code in 2011. Passed as Public Act 96-1237, the new law became effective on January 1, 2011. The law adds a new charge to the DUI laws already on the books. The new law can be found at 625 ILCS 5/11-507. It is called supervising [...]
Every person who was arrested for driving under the influence in Illinois should look back at the traffic stop. The question that must be answered is, why was the defendant pulled over in the first place? A traffic stop is legally a seizure that falls under the 4th Amendment to the United States Constitution. The [...]
- by Lewis Gainor, DUI Lawyer
