Archive for the ‘Laws’ tag
April 15th, 2013 at 11:51 pm
A new law was enacted as of January 1st in 2013 that takes aim at adults who try to be “cool” with their children. It will increase the penalties for parents who have their children or others to drink at their homes. It stipulates that the parents don’t have to know of this activity and closes a commonly used loophole for parents to claim no liability for their children’s underage drinking.
The law is now a misdemeanor that allows has a fine of $500 for parents who allow their children to drink anywhere on their property. This is if nothing further happens to the children who are drinking.
If the drinking results in the harm or, even worse, the death of a child, then the punishment is more severe. The adult can be charged with a felony. This new law has brought the rebuff of some local legal professionals.
DUI attorney Don Ramsell spoke out against this new law. He felt so strongly about it because the laws harms the relationship between the parents and children. “The old law carried penalties only when parents actually authorized the drinking or actually knew it was occurring. This new law would put a parent in jail for up to one year simply because they failed to prevent underage drinking on their properties,” he said.
Since the penalties have become so strict, it is important to have an advocate who feels strongly about the law and will fight for you. If you have been arrested because of your underage child or a DUI then contact an experienced DUI attorney in Elmhurst.
image courtesy of freedigitalphotos.net
April 12th, 2013 at 5:55 pm
While many people are familiar with the basics of being convicted of DUI in the state of Illinois, they may not be aware of the other types of DUI-related offenses with which you may be charged, or the potential penalties that they can bring. The Illinois Secretary of State DUI Fact Book details many of these criminal offenses, as follows:
- Possession of Drugs in a Vehicle – This offense occurs if a driver illegally possesses a controlled substance such as cannabis. The potential penalty for a first-time offender is the suspension of his or her driver’s license for one year; subsequent convictions can result in the total revocation of one’s driving privileges.
- Knowingly Permitting a Driver Under the Influence to Operate a Vehicle – This offense is a Class A misdemeanor under Illinois law, and can result in incarceration of up to one year and fines of up to $2,500.
- Driving on a Suspended or Revoked License – A first conviction of this criminal offense is a Class A misdemeanor, but subsequent convictions (up to nine convictions) are a Class 4 felony offense. Depending on the number of previous convictions, offenders can face varying periods of imprisonment, community service requirements, fines, suspension or revocation of one’s driver’s license, and seizure or forfeiture of one’s vehicle.
- Illegal Transportation /Open Container – This offense occurs under Illinois law if you illegally transport, carry, possess or have any alcoholic beverages in the passenger compartment of a motor vehicle, except in the original container with the seal unbroken. Conviction of this offense can result in a fine, points being added to one’s driver’s license, and suspension or revocation of one’s driving privileges.
As you can see from the above information, DUI-related criminal offenses can be just as or even more serious than DUI offenses themselves in terms of potential penalties. Therefore, if you are accused of any of these crimes, or any other type of DUI-related offense, you should immediately contact a skilled and knowledgeable DuPage County DUI attorney for help in fighting these charges.
October 6th, 2012 at 8:00 am
Governor Pat Quinn was visiting the Illinois Association of Chiefs of Police conference in August in order to sign a new regulations aimed at stopping the illegal uses of alcohol. The first law that was signed increases the penalty for repeat DUI offenders. It also directs the fines taken as part of DUI sentencing into a special fund to help local law enforcement. These funds, which used to be funneled into the municipal government, will now be used for alcohol related crime prevention.
“More than 40 percent of traffic deaths in Illinois are a result of drunk driving. Every 30 minutes, someone in America dies because of an impaired driver and every two minutes, someone is injured. This law will strengthen local law enforcement’s efforts to reduce these incidents,” said ILACP President Timothy J. Swanson, Chief of Municipal Policing for the Kankakee County Sheriffs Police.
Governor Quinn also signed a bill that focuses on underage drinking and the possible DUI accidents that occur when teens get behind the wheel. Now, if an adult is guilty of permitting minors to drink alcohol while at the adult’s property, they can be charged with a misdemeanor and fined up to $500. The charges are increased to a felony if the drinking leads to bodily harm or death, such as a DUI accident.
DUI charges are difficult to beat unless you have the expertise of a DUI attorney who is referred to as a super lawyer in Illinois. An attorney can guide you through the difficulties of dealing with charges and the ways of beating the sentencing. Don’t wait to begin working up your case, contact an experienced DUI defense attorney in Wheaton today.