Sami Azhari, Attorney at Law
One of the most important rules in criminal cases is that court cannot convict a person of a crime unless the prosecution has proven that the defendant had the requisite mental state. The prosecution must prove that the defendant intended to commit a crime. The Illinois constitution prohibits the prosecution from convicting a person of […]
The state of Illinois has some of the toughest traffic laws in the country. A person who drives 40 miles per hour over the posted speed limit can be arrested, charged with a crime, and even put in jail. 625 ILCS 5/11-601.5(b). Speeding 40 mph over the limit, years ago, was called aggravated speeding. If […]
Driving under the influence is a criminal offense in Illinois. The first offense is generally a Class A misdemeanor. Under very rare circumstances, a first offense can be a felony. The statute for DUI is found in the vehicle code at 625 ILCS 5/11-501. Most cases are charged under 11-501(a)(1) for having an alcohol concentration […]
Any person who operates a commercial motor vehicle on Illinois roadways without the required license commits a crime. By statute, it is a Class A misdemeanor offense to drive a CMV without a CDL. The Illinois vehicle code prohibits the operation of a commercial motor vehicle without a CDL under section 625 ILCS 5/6-507. The […]
The state legislature added an important statute to the vehicle code in 2011. In response to a Chicago Tribune article that exposed how Cook County traffic court judges were going easy on speeders, Springfield lawmakers made it a crime to speed in excess of 30 mph over the limit. The problem with the new law […]
As an attorney I cannot count the number of times clients say to me, “I did not get arrested for driving while suspended. I just got a ticket.” Many people are misinformed. The law in Illinois says that a person does not have to be handcuffed in order to be, in legal terms, arrested. A […]
Basically, the Illinois state government enforces the rules of the road in two ways: first, the police ticket drivers who violate the vehicle code, and the court can impose penalties such as fines and even jail time for criminal offenses. Second, the Secretary of State can impose sanctions on a person’s driving privileges as a […]
If you were pulled over by a police officer and given a ticket for driving without a valid license, you are looking at some serious problems. Contrary to what many people believe, getting a ticket for driving without a valid license, 625 ILCS 5/6-101, is the same as getting arrested. Legally speaking, the fact that […]
The Secretary of State can take away a commercial driver’s license for traffic violations. While a driver’s license can be suspended or revoked, a CDL is cancelled. A person whose CDL is cancelled usually can still drive a non-commercial motor vehicle. The fact that a CDL is cancelled does not automatically take away that person’s […]
Illinois is one of the toughest states when it comes to a young person’s driving privileges. In addition to the Zero Tolerance law, which suspends a person’s driver’s license for consuming alcohol before age 21, the Secretary of State has multiple laws it can use to take away your license. In fact, a driver who […]
- by Sami Azhari, DUI Lawyer
